Welcome to Flying Dance Community’s (FDComm) Online Store! Before you begin your surfing and shopping journey, we kindly request that you carefully read and understand the following merchandising terms and conditions (hereinafter referred to as “Conditions”). These Conditions represent the agreement between you and FDComm, registered at 16 Wyndham Street N, Unit# 3, Guelph, Ontario, Canada (hereinafter referred to as the “Seller”). Should you have any questions concerning these Conditions, please reach out to us at firstname.lastname@example.org.
By accessing or using the FDComm Online Store, you acknowledge and agree to be bound by these Terms and Conditions. If you do not agree with these Conditions, please refrain from accessing and using the FDComm Online Store.
In consideration of your acceptance of and compliance with these Conditions, we grant you a personal, limited, non-exclusive, revocable, and non-transferable license to use the Website solely for your personal and non-commercial purposes, as outlined in these Conditions.
Before we proceed, let’s clarify some key terms used in these Terms and Conditions:
FDComm or We/Us or Seller: Refers to Flying Dance Community, its affiliates, and subsidiaries, located at 16 Wyndham Street N, Unit# 3, Guelph, Ontario, Canada.
Faulty: Refers to a product that is afflicted with an error or defect, rendering it imperfect or defective.
Online Store or Store: Refers to the store located on the Website.
Website: Means the website accessible at https://fdcommunity.com or any other URL that may replace it.
You: Refers to a user of the Website.
Users: Refers to all users of the Website collectively.
Products & Services
USE OF THE SERVICES
The Services provided by FDComm are protected by copyright and other intellectual property laws throughout the world. By using the Services, you agree to be bound by the terms of this Agreement. FDComm grants you a limited license to use the Services solely for your personal non-commercial purposes. If you are a dance studio or educational institution permitted by FDComm to use the Services for commercial purposes, you may do so solely for such commercial purposes, but you must ensure that you and each student using the Services comply with the terms of this Agreement.
Any future release, update, or addition to the Services shall be subject to the terms of this Agreement. FDComm and its licensors, suppliers, and service providers reserve all rights not granted in this Agreement.
• App License
Subject to your compliance with the terms of this Agreement, FDComm grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App on a single mobile device or computer that you own or control for your personal or internal business purposes. For any App accessed through or downloaded from the Apple App Store, you agree to use it only on an Apple-branded product that runs iOS and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
FDComm may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services (“Updates”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. By using the Services, you consent to these automatic updates. If you do not wish to use such Updates, your sole remedy is to terminate your Account. If you do not terminate your Account, you will receive Updates automatically. By continuing to use the Services following any Update, you hereby acknowledge and agree that the terms of this Agreement apply to such Updates.
• Certain Restrictions
The rights granted to you in this Agreement are subject to certain restrictions:
– You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit any Services or any portion of the Services, including the Website or App.
– You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout, or form) of FDComm.
– You shall not use any metatags or other “hidden text” using FDComm’s name or trademarks.
– You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services.
– You shall not use any manual or automated software, devices, or other processes to “scrape” or download data from any web pages contained in the Website, except for public search engines with revocable permission to create searchable indices of materials.
– You shall not access any Services to build a similar or competitive website, application, or service.
– No part of any Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
– You shall not remove or destroy any copyright notices or other proprietary markings contained on or in Services.
– You shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement.
– You shall not attempt to adversely affect the Services, including but not limited to violating or attempting to violate any related security features, introducing harmful code, or interfering with other users’ use of the Services.
– Any unauthorized use of the Services terminates the licenses granted by FDComm pursuant to this Agreement.
• Registering Your Account. In order to access certain features of the Services, you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Website or has an account with the provider of the App for the user’s mobile device (each, an “Account”). To register an Account, you must have purchased, or otherwise have access to, a subscription to the Services (e.g., Video On Demand library or an instructional course).
• Registration Eligibility. You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register an Account with the Services. Minors under the age of 18 years old who can safely use the Services may participate in certain aspects of the Services, provided that they do so under their parent’s or legal guardian’s supervision and that such parent or legal guardian agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the applicable age of legal majority), you agree to be fully responsible for the acts and omissions of, including, without limitation, any content, information, or other materials submitted by, on behalf of, or relating to, such user in connection with the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.
• Registration Data. When registering your Account, you agree to provide only true, accurate, current, and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by unauthorized users and agree not to share your Account or password with anyone. You further agree to notify FDComm immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been prohibited from using any of the Services. You further agree that you will not maintain more than one Account for the same FDComm Service at any given time. FDComm reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of FDComm.
• Types of Content. You acknowledge that all data, text, software, sounds, photographs, graphics, videos, messages, tags, and/or other materials (collectively, “Content”) is the sole responsibility of the party from which such Content originated. This means that you, and not FDComm, are entirely responsible for all Content that you upload, post, e-mail, transmit, or otherwise make available (“Make Available”) through the Services or data collected by or related to the Services and your use thereof (collectively, “Your Content”), and that you and other users of the Services, and not FDComm, are similarly responsible for all Content they Make Available through the Services (“User Content”).
• No Obligation to Pre-Screen Content. You acknowledge that FDComm has no obligation to pre-screen Content (including, but not limited to, User Content), although FDComm reserves the right in its sole discretion to pre-screen, refuse, or remove any Content. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that FDComm pre-screens refuses, or removes any Content, you acknowledge that FDComm will do so for FDComm’s benefit, not yours. Without limiting the foregoing, FDComm shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
• Certain Commitments Regarding Your Content. When you post or publish Your Content on or in the Services, you represent that: (i) you have all of the necessary rights to publish Your Content and grant FDComm the license set forth in the section below (License to your content). FDComm will not need to obtain licenses from any third party or pay royalties to any third party; and (iii) Your Content does not infringe upon any third party’s rights, including intellectual property rights and privacy rights.
• License to Your Content. You grant FDComm a right to use and display Your Content (in whole or in part) for its own business purposes, including, without limitation, to operate and improve the Services, analyze Users’ use of the Services, and develop new products and services. Note that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services.
• Storage. Unless expressly agreed to by FDComm in writing elsewhere, FDComm has no obligation to store any of Your Content that you Make Available via the Services. FDComm has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive the transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving the use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that FDComm retains the right to create reasonable limits on FDComm’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by FDComm in its sole discretion.
• Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail; (iv) involves commercial activities and/or sales without FDComm’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of FDComm. You may not send any unsolicited e-mail message, commercial or non-commercial, to any e-mail address you have gathered from the Services.
• Investigations. FDComm may, but is not obligated to, monitor or review Services and Content at any time. Without limiting the foregoing, FDComm shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the terms of this Agreement or any applicable law. Although FDComm does not generally monitor user activity occurring in connection with the Services or Content if FDComm becomes aware of any possible violations by you of any provision of this Agreement, FDComm reserves the right to investigate such violations, and FDComm may, at its sole discretion, immediately terminate your license to use the Services or change, alter, or remove Your Content, in whole or in part, without prior notice to you.
• Services. Except with respect to Your Content and/or User Content, FDComm and its suppliers own all rights, title, and interest in the Services.
• Trademarks. FDComm’s stylized name and other related graphics, logos, trademarks, service marks, and trade names used on or in connection with the Services are the property of FDComm and may not be used without our written permission in connection with your or any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
• Feedback. You agree that, with respect to any submission you might make to FDComm of any ideas, suggestions, documents, and/or proposals (“Feedback”), FDComm has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit any Feedback. You hereby grant FDComm the right to use any Feedback in any way at any time without any additional approval or compensation.
Your Order or Order: Refers to the offer you place via our Store for the purchase of our Products, which becomes binding for us upon our acceptance of your Order.
Confirmation of receipt of Your Order: This means the confirmation of receipt of your Order, which will be promptly sent to you by e-mail after placing an Order. The confirmation includes a list of purchased Products, basic information from the Product Description, and purchase and delivery price.
Acceptance of Your Order: This means the acceptance of your Order, which will be sent to you by e-mail after or together with the Confirmation of Receipt of Your Order. Acceptance of your Order constitutes a binding Agreement and includes a list of purchased Products, basic information from the Product Description, purchase and delivery price, invoice, and delivery information, as well as these Conditions. By receiving the Acceptance of Your Order, you have successfully placed your Order, and the Agreement between You and Us is deemed concluded.
Special Conditions: Refers to the terms and conditions in the Product Description and any additional conditions applicable to these Conditions.
Product: Refers to a product displayed for sale on the Online Store, excluding any books.
Product Description: Refers to that part of the Online Store where the description, including certain terms and conditions, related to the individual Product is provided.
Cookies: Refers to small text files placed by our Website on your computer’s hard drive to enable information about your shopping session and identify your computer.
Personal Information: Refers to the details you provide on registration, as well as any information regarding behavior on the Website, information on placed Orders and sales, and any other information submitted by you to us.
Access to and Use of the Website and Services
You are granted access to this Website and/or Services in accordance with these Conditions, and any Orders placed by you must strictly comply with these Conditions. By placing an Order through the Website, you warrant that you are not a minor, you are at least 18 years of age, and you have the full legal capacity to enter into this Agreement. If you are under 18 years of age, a minor in your country of residence, or under legal custody, you warrant that you are either an emancipated minor or possess legal parental or guardian consent, and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
If you are placing an Order on behalf of a legal entity, you represent and warrant that you have acquired consent from the statutory representative for the placement of such Order.
By placing your Order, you acknowledge that we may review your Order and its content for compliance with our policies and these Conditions, and we may refuse to process an Order in the event of a breach of these Conditions and applicable policies.
When using the Website, you are responsible for maintaining the confidentiality of your account and password (if any), and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
You agree to use the Website in a manner that does not cause harm to us, other users, or third parties. We reserve the right to terminate or restrict your access to the Website without prior notice if you violate these Conditions or if you abuse the Website or access it to an unusual extent. We are entitled to prevent access to the Website if we have reason to believe that you are engaged in illegal activity or compromising other users’ or our data security or privacy.
We may suspend the Website when necessary, for example, for installation, amendment, or maintenance work, or if laws, regulations, or authorities require it, or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. Additionally, we reserve the right to cease operating the Website or offering it to the public at our sole discretion.
By continuing to use the Website, you consent to being automatically redirected to a localized version of the Store that is closer to your location, if such possibility exists.
The Website may not be used for any improper or unlawful purpose or in violation of any applicable laws or licenses. You hereby agree to comply with all necessary instructions that we provide you for the purpose of using the Website.
Modifications to the Website
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you. You confirm that we shall not be liable to you or any third party for any modification or withdrawal of the Website. If such changes necessitate changes in your operating environment or other devices, you shall make such changes at your own expense.
Modification of these Conditions
We reserve the right to modify and/or change these Conditions from time to time. Your continued use of the Website (or any part thereof) following such change shall be deemed as your acceptance of the modified Conditions. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree with any change to the Conditions, then you must immediately stop using the Website and refrain from accessing and/or using it.
The most current version of the Conditions is available at https://fdcommunity.com.
To enhance your user experience, we may provide links to other websites or resources at your sole discretion. However, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not review or endorse them. We shall not be liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including any advertising, content, products, goods, or other materials or services on or available from such websites or resources, or (iii) the use to which others make of these websites or resources. Any damage, loss, or offense caused or alleged to be caused by or in connection with the use of or reliance on any such advertising, content, products, goods, or other materials or services available on such external websites or resources is not our responsibility.
Property Rights and Rights of Use
All intellectual property rights, including patents, registered and unregistered trademarks and service marks, domain names, utility models and design rights, copyrights, database rights, photo rights, rights to computer programs, and all computer code on and of the website, as well as all content and materials present on the website (“Website Content”), belong to and remain the property of the Seller or its licensors. The content of the website is meant for your personal, non-commercial purposes only and may not be reproduced, modified, copied, altered, distributed, redesigned, republished, exhibited, transmitted, or sold in any form, in whole or in part. You are not allowed to remove any copyright notices or other proprietary designations that are part of the website’s content.
The Intellectual Property Rights in the Website and the materials accessible via it belong to FDComm Studios or its licensors. This Website and the materials on or accessible via it, and the Intellectual Property Rights therein, may not be copied, distributed, published, licensed, used, or reproduced in any way except to the extent strictly necessary for accessing and using this Website. The trademarks “FDComm Studios” and the FDComm Studios Logo belong to FDComm Studios and cannot be used, copied, or reproduced without written consent from FDComm Studios. All trademarks not owned by FDComm Studios are the property of their respective owners and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
Unsolicited Ideas and Materials
Every customer and visitor to our Website agrees that they are not entitled to any refund in exchange for ideas, especially considering that we might already be developing such ideas ourselves. If you send us Unsolicited Materials, you understand and agree to the following terms, notwithstanding any cover letter or other terms accompanying them:
FDComm Studios has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential.
FDComm Studios will own, may use, and redistribute Unsolicited Materials for any purpose without restriction and without any obligation to acknowledge or compensate you.
FDComm Studios will consider the Submissions to be non-confidential and non-proprietary.
FDComm Studios shall have no obligations concerning the Unsolicited Materials, including but not limited to, no obligation to return any materials or acknowledge receipt of any Unsolicited Materials or to review them.
FDComm Studios may use, redistribute, or disclose the Unsolicited Materials for any purpose and in any way without any compensation to you or any third party.
While we cannot accept unsolicited ideas, we are always pleased to receive feedback regarding the existing features of our Products and services. Please provide specific feedback on existing features only, and do not include ideas that our policy will not permit us to accept or consider. Any feedback you provide is deemed to be non-confidential and non-proprietary. We shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.
Orders and Specifications
All Products can be purchased if they are available within the Book, and your Order has been accepted by us. We reserve the right to refuse Orders without giving reasons. Your Order is valid only after the receipt of a confirmation of the Order without reservation.
Before submitting the Order, the customer has the opportunity to view the Product preview and is required to accept the preview before proceeding.
The Order confirmation contains details of your Order and the price. It is your responsibility to notify us of any errors or errors in the Order as soon as possible to avoid receiving a Faulty Order. All details for the delivery time are informative and serve as guidance. While we strive to ensure the timely delivery of Your Order, we bear no responsibility if the Order is not delivered on time.
Please note that the colors displayed on your monitor or mobile phone may not exactly match the inks used on the Products due to different display settings. We reserve the right to change a Product on the Website or discontinue its sale without prior notice.
You affirm that all the information you provide to us for the purpose of purchasing Products through the Website is correct and that the credit or debit card or electronic funds you use are yours. Additionally, you confirm that sufficient funds are available to cover the cost of the respective Products. If full payment is not received, we are under no obligation to supply the Products.
Place an Order
To place an Order, you must follow the Order procedure specified on the Website. Details of the price to be paid for each Product, as well as the payment process, are listed on the Website.
Any times and dates given for delivery are estimates only. While we will make our best efforts to deliver the Products within the specified times, we will not be liable if the delivery is delayed.
By placing an Order through the Website, you are making an offer to purchase the Product and indicating your acceptance of these Conditions and our General Terms and Conditions. All Orders are only binding upon our acceptance; we are entitled to reject any Order you place. We will send a written acknowledgment of receipt to the e-mail address you provide when placing your Order, but this confirmation does not constitute acceptance of the Order on our part. We will accept your offer once we have received full payment from you. At that time, we will send you a confirmation by e-mail, and the Agreement is concluded. If we are unable to fulfill an Order after accepting the payment, we will refund your money and cancel the contract.
We may modify or discontinue our Products or services at any time without notice to you, and it cannot be ruled out that Products will become unavailable without prior notice. We accept no liability of any kind if a Product or service is not available.
You must be 18 years of age or older to make any purchases.
Each Product is subject to its respective Product Description, which sets out additional special conditions related to that specific Product. We take all reasonable care to ensure that all details, descriptions, and prices of Products appearing on the Website are correct at the time when the relevant information was entered into the system. While we aim to keep the Website as up-to-date as possible, the information, including Product Descriptions, appearing on this Website at a particular time may not always reflect the exact situation at the moment You place an Order. If a Product you ordered appears to be contrary to the provided Product Description, your sole remedy is to return the Product(s) under these Conditions. The price and any other components of the Product Description will be confirmed only upon acceptance of Your Order in accordance with Our Order acceptance policy.
Prices, Payment, and Currencies
The prices are valid on the day the Order is received by the Seller apply. All prices are in pounds sterling and include the statutory value-added tax. Any shipping costs will be shown separately and clearly stated on the invoice, which all customers receive electronically. Thus, it is essential that the customer provides a valid e-mail address.
After completing the Order, an invoice will be automatically sent by e-mail, regardless of the payment method chosen.
Payment options include credit cards (MasterCard, Visa, American Express) and PayPal. Credit card and PayPal transfers are processed/ executed via the Braintree system. The customer is debited immediately after completing the Order. The process details can be found at https://www.braintreepayments.com/.
All Products are paid for via an external payment service provider. You will be asked to provide Your payment information to this external payment service provider, and you may be required to accept additional terms and conditions regarding the use of each service. We cannot assume any liability arising out of or in connection with Your use of any such external payment service provider and, to the extent permitted by law, hereby exclude such liability.
Unless otherwise agreed, all payments are due immediately upon invoicing. The bank account or credit card account of the customer is debited immediately after completing the Order.
You warrant that all information provided to us for the purposes of Your Order and its delivery is accurate, that you have the authority to use the chosen method of payment, and that you have sufficient funds or credit available to fully pay for the Order.
Discounts, Promotions, and Benefits
Various benefits or discounts are not compatible. For a single Order, only one type of discount or benefit can be claimed. The buyer is entitled to a discount only if the Order has been made during the time of the sales promotion. No further discounts can be claimed at an already reduced price. Unless otherwise stated, discount codes only apply to a single Product and are not valid on past purchases. Discount codes are valid as long as they are promoted in the footer of Our marketing e-mail or in Our Facebook ads.
To redeem a discount code, add an item to Your shopping cart and, when prompted to enter any discount codes (under “Promo Code”) in the first stage of the checkout process, simply enter Your code and be sure to click “Save.”
We reserve the right to change the price of each Product up until the time an Order is placed.
Despite our best endeavors, certain Products listed on the Website may not be priced correctly, or their price may increase between Your Order and our acceptance of Your Order. We will normally verify the prices as part of our handling procedures so that if the Product price is lower than the price quoted on the Website, we will charge you the lower price when shipping the Product. If the correct price of a Product is higher than the price stated on the Website, we will, at our sole discretion, either contact you to ask how you would like to proceed or cancel Your Order and notify you of such a cancellation so that you can, if you so choose, place a new Order at the correct price. If an inaccurate price quote is obvious and unmistakable such that you should have recognized it in good faith as the wrong price, we are in no way obligated to provide you with the Product at the wrong (lower) price.
Quoted prices are exclusive of all sales taxes imposed by any governmental authority on any amounts payable by the Buyer. The Buyer shall be responsible for all such taxes. If the Seller is committed to collecting and disposing of tax, this tax will also be reflected in Your invoice. Sales taxes are based on where the Product is sent and may vary. The invoice will be issued with the shipping costs for the shipping service you have selected.
The Products you Order will be delivered to the address specified in Your Order.
Shipping and delivery times may vary depending on the Product, its availability, the country of delivery, carrier’s terms, and other possible practical factors. Please bear in mind that the stated shipping and delivery times are averages, but not guarantees. In case of holiday rushes, we reserve the right to add a few additional days to the shipping times.
The usual delivery method is, unless otherwise expressly agreed, a shipment of the Products with the delivery services of UPS or FedEx. Once You place an Order, You accept the terms and conditions of the selected carrier.
Expected time of delivery:
FedEx Deluxe – Delivery in 5 Working Days
UPS AIR – Delivery in 6 working days
UPS Ground Residential – Delivery in 9 working days
We endeavor to process Your Order and manufacture the Ordered Product within the specified period. However, the Production times may vary, and it should be noted that the delivery times given are not binding. Adherence to the delivery time is not a contractual obligation according to these Conditions. Therefore, we assume no liability for damages or expenses that you have suffered due to delays in the delivery of Your Order.
You must inspect the Products for defects immediately upon delivery. In the case of delivery of the Products by a carrier service, you are required to sign the required delivery confirmation. The signature on the document serves as proof that Your Order has been delivered to you without obvious defects or damage. Acceptance of the Order may be denied on the grounds that it is Faulty. If the Ordered Products have been delivered damaged or with defects, you are obliged to notify us in writing immediately and no later than 24 hours after the delivery of the allegedly defective or damaged Product and to personally sign the Notification (available here) or have it signed by a representative. Please see the terms and conditions under the Section on Damaged Products for further details.
We reserve the right to deliver Your Order in multiple parts. If the Order is delivered in several parts, each delivery establishes a separate contractual relationship. Therefore, you have no additional costs.
You must be able to receive a delivery so that the package can be delivered. If this is not possible, a new delivery date can be agreed upon with UPS or FedEx. If you have not picked up the package or unwillingly refuse to accept the Order, we are not obliged to refund you the purchase price, nor are you entitled to claim the purchase price.
Acceptance of Delivery
If you receive the Product(s), you must examine it for any errors and deviations from the contractual agreement before confirming with Your signature that these Products are in good condition. By confirming with Your signature that the Products are in good condition, you acknowledge that the Products and/or goods are in an acceptable condition. All packages for which no signature is given, but which are accepted, shall be deemed to have been accepted as if their good condition had been confirmed with a signature. If you see any signs of damage on the package(s), please sign that the package arrived damaged. Otherwise, beyond Your statutory rights, we cannot refund or substitute the Product.
You must be present at the delivery date to accept the delivery, as the courier will try to re-deliver no more than two times, and the Products will then be returned to us at Your expense. If the delivery is rejected due to a faulty address or if the Products are returned, you will be charged for the return shipping costs.
Risk and Property
Upon delivery to the agreed address, the risk of loss and deterioration of the Order passes to you. However, ownership of the Order will not be transferred to you until the purchase price and any other amounts due in connection with this or any other Order have been paid.
Return, Refund, and Cancellation Rights
An Order can only be revoked in the following cases:
(a) If we do not deliver the Ordered Products within 30 days from the end of the day following Your Order;
(b) In the delivery of defective Products. The revocation must be made as soon as possible after the discovery of the defect or damage. The prerequisite is that you have checked the Product immediately after delivery but, in no case, later than 24 hours after receipt of the Product. State laws commonly provide for a four-year statute of limitations on implied warranties, which effectively means you have four years to discover relevant defects in goods sold. They are limited and exclude other damages, especially those caused by neglect, inappropriate use, improper repair, or changes and modifications.
(c) As described in detail under the Section Guarantee, termination of the Agreement, and return policy.
If an Order is revoked in accordance with (a) above, we shall be responsible for all sums paid (including shipping costs for the original delivery and any replacement) with respect to the Order in question.
The revocation must be communicated by e-mail to email@example.com. As a precaution, it is specified that Conditions, except in the case of defects or errors of the Product, do not grant any right of revocation for Products, which by definition, have been made and customized according to Your wishes after 24 hours of their being placed.
The Products must be returned to us in their original packaging. As a precaution, keep the original packaging. Your statutory rights remain unaffected by this provision.
Guarantee, Termination of the Agreement, and Return Policy
We offer a 14-day “no quibble returns guarantee.” We hope that You will be pleased with Your purchase. If You wish to return a Product bought from Us, We will be happy to refund or exchange the Product provided it is in fully resalable condition. “Fully resalable condition” means that the Product is unused, in perfect condition, and in its original undamaged packaging with all materials (manual, etc.). We reserve the right to withhold the refund of payment until the Product(s) is/are returned. You will be solely responsible for any costs related to the return of the Product to Us, and the Product should be sent to the address provided by Us upon delivery notification (available here). Please note that You are entitled to terminate this Agreement if You so wish, provided that You exercise Your right no later than fourteen (14) days after the day on which You received the Product or the last of the ordered Products. You can terminate the Agreement by notifying Us via e-mail at firstname.lastname@example.org and/or via a notification (available here). Please state Your Order number, the name/s, and the amount/s of the Product/s, and return the Product/s within fourteen (14) days after placing the notice of termination. The Agreement shall be considered terminated when the Product(s) is/are returned. The return of Products shall be at Your risk. Your only cost upon termination within the deadline shall be the charges of returning the Product to Us. We will refund Your payment within fourteen (14) days following the return of the Product. If You miss the deadlines, You lose the right to terminate the Agreement without reasonable cause. If You return the Product within the deadline for termination without cause, such return shall be deemed as termination of the Agreement. You are fully responsible for any deterioration in or diminished value of the Product resulting from Your handling of the Product (whether by Your action or omission) other than what is necessary to establish the nature, characteristics, and functioning of the Product.
If We find that the Product has not been returned to us in fully resalable condition, we reserve the right to refuse a refund on the Product or deduct up to 20% of the original selling price from the refund amount. In the case of returned bundled Products, the Products will be refunded at 25% off their normal list price.
If Your return brings Your order total below the threshold for free or discounted delivery, You will be charged the full delivery cost for the remaining Products. We reserve the right to retain PayPal refunds where the refund is not our fault.
Please note that Your right to return Products does NOT apply to Products that fall into the following categories unless they are faulty:
Products made to Your specification
PDF files as these cannot be returned
Products ordered especially for You from a third-party supplier.
Please bear in mind that You can only use Your right according to this Section “Guarantee, termination of the Agreement, and return policy” when the Product is not in any way damaged. In case of damages to the Product, Section “Damaged Products” and the rights stated therein shall apply.
Products are presumed to be in conformity with the Agreement if they:
(a) Comply with the Product Description
(b) Are fit for the purposes for which goods of the same type are normally used
(c) Show the quality and performance that are normal in Products of the same type and which You can reasonably expect, given the nature of the Product and taking into account any public statements on the specific characteristics, particularly in advertising or labeling.
We shall be liable for any lack of conformity that exists at the time when the Product was delivered to You. In the case of a lack of conformity, You must notify us immediately but not later than within two (2) months after such finding, by e-mail at email@example.com and/or by notification. You should clearly state reasons for non-conformance, Your Order number, a picture or video of the Product, and return the Product to Us only after Our confirmation. The address for the product return will be sent to You upon Our confirmation. If the non-conformance was not caused by Your acts or omissions, We shall repair or replace the Product free of charge, unless this is impossible or disproportionate. You can either terminate the Agreement, and We will refund the purchase price, or We can mutually agree on a reduction in the price. You are not entitled to have the Agreement rescinded if the lack of conformity is minor. The right in this Section will not be applicable if You (or any third party under Your control) have caused non-conformity of the Product by Your actions or omissions or if non-conformity has appeared after two (2) years from the delivery.
If You find a damaged Product, please inspect the packaging to determine whether it was damaged in transit. If this is the case, please e-mail us at firstname.lastname@example.org within 24 hours. It is important that You keep the packaging in which We sent it to You, and it is helpful if You shall send us a photograph and/or video of the damage to the item and the packaging. Your rights shall be as stated in Section “Damaged Products.”
If You refuse to pay any fees due, the Agreement shall be automatically deemed terminated by Us. If You elect to refuse to accept the package, we will exercise the option (where applicable) to cancel the shipment and terminate the Agreement.
If there are any costs associated with the return of the shipment to Us, it will be Your responsibility to pay these charges (that will include but not be limited to any duties and taxes owed, storage fees charged by the customs office where the shipment is being held, brokerage, shipping, handling, and restocking fees, etc.), except as otherwise provided in Section “Guarantee, termination of the Agreement, and return policy.”
Disclaimer and Limitation of Liability
Although we make every effort to ensure that the information on this website (“Website Content”) is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to make changes to the Website Content, the Products, pricing, or fees described herein at any time without notice. Website Content may be out of date, and we assume no obligation to update that content. We will use the necessary expertise and care in providing for the Website. Certain Website Content may come from third parties, and we do not assume any warranty or responsibility for the accuracy, completeness, timeliness, or reliability of such Website Content.
Unless otherwise provided in these Conditions, this website and the Website Content displayed on it are therefore provided in their present condition and without any express or implied (by customary, custom, legal provisions, etc.) representations or warranties of any kind. To the extent permitted by law, we disclaim all other terms, conditions, warranties, and representations (including, without limitation, any implied warranties as to the suitability of the website or the Website Content for any purpose). Website Content will not violate the rights of third parties.
We make no representation that the website or the Website Content or any functions of the website will be available uninterrupted or error-free, that errors will be corrected, or that the website or the server that provides access to it will be free of viruses or other harmful content. We neither guarantee nor warrant that the website or Website Content will meet Your needs. We also make no warranty or representation with respect to the use or results of the use of any Website Content in terms of its completeness, accuracy, timeliness, reliability, or other characteristics.
We cannot be held responsible for the security of, or any disruption to, the website of any kind. The same conditions apply to the loss or corruption of materials posted through the website, as well as the loss or falsification of materials or data downloaded from the website to a computer system.
We warrant that all Products purchased through this site are of satisfactory quality and suitable for the purposes for which Products of this type are ordinarily supplied.
To the extent permitted by law, we disclaim all other express or implied terms, representations, and warranties (as may be implied by common law, custom, law, etc.).
We are not liable for any damage or loss that you incur when ordering a Product as a result of a breach of this contract by Us.
You expressly agree that you are using this website and Website Content at Your own risk.
Subject to the above provisions, you agree that we cannot be held liable in the following cases:
(a) In case of immediate losses, claims, or damages
(b) For indirect losses, claims, or damages, as well as for punitive, special, incidental, or consequential damages of any kind that are not directly related to the incident, which was the cause of the claim
(c) In the event of loss of profit, loss of savings, or the falsification of data (direct or indirect), regardless of whether or not they arise out of contract liability, tortious liability (including negligence), strict liability, or directly or indirectly:
(i) From any use of this website or Website Content
(ii) From any of these terms and conditions
(iii) From any of the Products
(iv) In the event of a failure or delay in the use of any part of the website, the Website Content, or services, including but not limited to the unavailability of the website, Website Content, or services, regardless of the duration of the period of unavailability
(v) From any use of or reliance on Website Content or other information, materials, software, Products, services, or related graphics obtained through the website; in all of these cases, the disclaimer applies even if we have been warned about the possibility of such loss or damage.
We shall not be liable for any loss, damage, or expense (including lost profit) arising directly or indirectly from the default of fulfillment of the principal obligations under these Terms and Conditions if based on events or circumstances that arise beyond our control; these include, in particular, strikes, labor disputes, power failures, breakdowns, state action, and force majeure.
According to local laws, liability may not be excluded or limited. In this case, the above limitations or exclusions of liability do not apply to you.
Due to the inherent risks of using the Internet, we cannot be held responsible for any damage or virus attack on Your computer equipment or other property that has occurred while using the website.
Because of the risks inherent on the Internet, we cannot be held responsible for any damage to Your computer equipment or other equipment, or for viruses that infest this equipment while using or navigating the website. Please note that you download or otherwise obtain Website Content from the website at Your own risk.
You agree that you accept responsibility for any damage to Your computer system or loss of data resulting from the downloading or purchasing of such website content.
You agree to indemnify us and our parent companies, affiliates, and our respective officers, directors, employees, owners, intermediaries, contractors, partners, informants, and licensors in respect of any claims, damages, liabilities, costs, and expenses (including attorney’s fees) incurred or suffered by any other party, as well as any claim or legal action arising out of or in connection with Your use of the website, the Website Content, or the services offered by the website, Your behavior in connection with the website or the services offered, or in connection with other users of the website, any purchases, transactions, actions, or arrangements with a third party through the website or on the website of a third party, or in relation to the violation of these General Terms and Conditions or any law or right of a third party arise or threaten to give, indemnify, defend, and indemnify.
Choice of Law
This Agreement is concluded in the English language. Any disputes arising out of or related to these Conditions shall be governed by and construed in accordance with Massachusetts law without regard to its conflicts of law rules. Parties consent to the exclusive jurisdiction of Massachusetts courts, without regard to its choice of legal rules and without regard to conflicts of legal principles.
You can receive general information by sending an e-mail to email@example.com.
If Your claim is denied, and You have a legal right according to Your local law to submit the dispute to local authorities (excluding courts), You may do so, otherwise, the dispute shall be settled with an alternative dispute resolution procedure by CEDR, Centre for Effective Dispute Resolution International Dispute Resolution Centre, 70 Fleet Street, London, EC4Y 1EU, United Kingdom for EU Customers, or by the American Arbitration Association for US Customers.
For US Customers
The Parties shall attempt to resolve any dispute between them informally before initiating an arbitration proceeding. Any controversy or claim arising out of or relating to this Terms or the breach thereof shall be settled by consumer mediation administered by the American Arbitration Association (hereinafter referred to as AAS) under its mediation rules. If the controversy or claim arising out of or relating to these Terms is not settled within 60 days of commencement of the mediation or within such further period as the parties may agree in writing, it shall be settled by arbitration administered by the AAS under its Arbitration Rules for the resolution of consumer-related disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding for both parties. The procedure shall be carried out in the English language. The parties shall mutually agree on one arbitrator. Consumers are not prohibited from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction. All information regarding AAS and procedures are available on: http://www.adr.org.
We may remove the Website at any time at our sole discretion and for any reason, or discontinue the provision of any services available through the Website. We may terminate Your access to the Website for any reason, at our sole discretion, with or without notice to you at any time.
The Right to Deny Services
We reserve the right that, in exceptional cases, the Products will not be delivered. As an exception, technical restrictions apply to the personalization of a Product or customer payment risk level, which is based on the decision of the seller. The Seller has the right to cancel the Order if he cannot receive confirmation of the purchase by the customer by phone or e-mail. The seller is obliged to inform the customer about the non-delivery via e-mail or telephone. If the customer has not provided any correct personal information, the Seller is under no obligation to inform him. The seller shall not be liable for any loss, damage, or expense resulting from any failure or delay in the performance of its obligations caused by an event or circumstance beyond its control.
Limitation of Liability and Warranties
While We use reasonable endeavors to verify the accuracy of any information We place on the Website, We shall not be responsible for and We disclaim all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever, which may be suffered by You or any third party, as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any information contained on the Website, Your personal information, or material and information transmitted over our system. In particular, neither We nor any third party or data or content provider shall be liable in any way to You or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury, or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption or termination thereof. In addition, We do not make any warranty or representation that information on the Website or Store is appropriate for use in any jurisdiction.
Except as expressly provided in these Conditions, We disclaim any and all warranties of any kind, whether express or implied, to the fullest extent permissible under applicable law.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-Agreement, or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
Any economic losses (including, without limitation, loss of revenues, profits, contracts, business, or anticipated savings)
Any loss of goodwill or reputation
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
This Section does not affect Your statutory rights as a consumer, nor does it affect Your Agreement Cancellation Rights.
If any part of the Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire Agreement and the Term
Last updated: August 2nd, 2023
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