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Terms of Service

Terms of Service

 

Please read these Terms of Service carefully before using the Funxiro website. This website is operated by Funxiro. Throughout the site, the terms "we", "us" and "our" refer to Funxiro. Funxiro offers this website, including all information, tools and services available from this site to you, the user, on the condition that you accept all terms, conditions, policies and notices stated here.

 

By visiting our site and or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced here. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you may not access the website or use any of our services.

 

Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and or changes to our website. It is your responsibility to check this page periodically for changes.

 

Who We Are

 

Funxiro is the trading name under which our webshop operates. The business behind Funxiro is registered with the Dutch Chamber of Commerce as L&N Verkoop VOF, with registered office at Koningshof 84, 2981DA Ridderkerk, the Netherlands, KvK number 89156102. L&N Verkoop VOF is managed by its partners, Luuk Johan Burgers and Nick Knol. If you have any questions about who you are dealing with, feel free to contact us using the details in the Contact section below.

 

Section 1: Online Store Terms

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your right to use our Service.

 

Section 2: General Conditions

 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, excluding payment card information, may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

 

Section 3: Accuracy, Completeness and Timeliness of Information

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. This site may contain certain historical information, which is provided for reference only and is not necessarily current.

 

Section 4: Changes to Service and Prices

 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service, or any part of it, without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Section 5: Shipping

 

We currently ship exclusively within the Netherlands. Orders are dispatched from our fulfillment locations in Germany and France, depending on stock availability.

 

We offer two shipping options at checkout.

 

Standard shipping is free of charge and typically arrives within 4 to 5 business days.

 

Express shipping is available for a flat fee of 4.95 euros and includes insurance for your package. Express orders typically arrive within 2 to 3 business days.

 

Delivery times are estimates and start from the moment your order is dispatched, not from the moment the order is placed. Occasional delays can occur due to customs checks, carrier volume or circumstances outside our control, and we will do our best to keep you informed if this happens.

 

Section 6: Products and Services

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction, and we may exercise this right on a case by case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

 

Section 7: Accuracy of Billing and Account Information

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed.

 

Section 8: Optional Tools

 

We may provide you with access to third party tools over which we neither monitor nor have any control or input. Any use by you of such tools is entirely at your own risk and discretion, and you should make sure you are familiar with and approve of the terms under which such tools are provided by the relevant third party.

 

Section 9: Third Party Links

 

Certain content, products and services available through our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third party materials or websites, and we do not warrant and will not have any liability for any third party materials or websites.

 

Section 10: User Comments, Feedback and Other Submissions

 

If, at our request, you send certain specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to keep any comments confidential, to pay compensation for any comments, or to respond to any comments.

 

Section 11: Taxes and Customs

 

All prices shown on our website include applicable Dutch VAT unless otherwise stated at checkout. Because shipments to you may originate from our locations in Germany or France, any customs handling required is our responsibility as the seller and no additional customs duties should be charged to you as the customer on deliveries within the Netherlands. Should any additional costs arise unexpectedly, we recommend contacting us so we can look into it together.

 

Section 12: Errors, Inaccuracies and Omissions

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

 

Section 13: Prohibited Uses

 

In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any regulations, rules, laws or local ordinances, to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate against anyone, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code, to collect or track the personal information of others, to spam, phish or scrape, for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Service.

 

Section 14: Disclaimer of Warranties and Limitation of Liability

 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are, except as expressly stated by us, provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied.

 

In no case shall Funxiro, our directors, officers, employees, affiliates, agents, contractors or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Service or any products procured using the Service, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

 

Section 15: Indemnification

 

You agree to indemnify, defend and hold harmless Funxiro and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

Section 16: Severability

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.

 

Section 17: Termination

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by simply ceasing to use our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

 

Section 18: Entire Agreement

 

Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

 

Section 19: Governing Law

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.

 

Section 20: Changes to These Terms of Service

 

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

 

Section 21: Contact Information

 

Questions about these Terms of Service should be sent to us at info@funxiro.com or by phone at +31 6 30595496.

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