Terms and Conditions.
These terms and conditions (together with the information and policies contained in the “Customer Service” pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website http://www.Findage.eu, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other services that we provide (the “Services”).
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound b y these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “we”, “us” or “our”, we mean Findage. Where we refer to “you” or “your” we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) About us
We are Findage we operate the Website. We are a company registered in The Netherlands. Our registered company number is: +316 112 538 85 and our VAT number is: NL110857057802. Chambre of Commerce number: 72780894.
The Services we offer allow you to search through the Website and purchase products from a large number of Partner boutiques and brands worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge. The specific Findage entity procuring such payment processing services will depend on your location.
Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products.
In order to use the Services you must be over 18 years of age.
4) Our liability to you in relation to the Services If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
5) The products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, we cannot guarantee that all details are always accurate, complete or error free. Please contact us if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true colour of the products.
We do not allow flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section 10 below for details of how to arrange a return.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The products sold are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. We have no liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
Findage guarantees that the products displayed on our site do not contain components that can cause risk to health, property or the environment.
6) Orders, prices and payment
The steps you need to take to place an order are explained in the “How to Order & Pay” section of our How to Shop page.
By completing the check-out process and placing an order by clicking the “Place Order” button on the checkout page, you are offering to purchase the products directly from us. Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and us.
All orders are subject to availability and confirmation of the order price, which is determined by Findage.
All products for sale on our website are presented with fixed prices. Questions and offer to lower in price will not be considered, read or answered with a reply.
After entering into the contract for the products with Findage, Findage will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with Findage until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it constitutes acceptance of your order by Findage. This confirmation email will include a description of the products purchased in the order and an estimated delivery time.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
We accept PayPal, Creditcard and IDEAL.
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15 below for further information).
If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed.
If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
Please also read the information on our Orders & Shipping page as this contains important information about your order and its delivery.
9) International Delivery
Details of the countries we deliver to can be found on our Orders & Shipping page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.
10) Returns Policy
If you are not happy with your order, you can exercise your right to withdraw within 14 days from the date you receive your order (the days will start being calculated from the proven date of delivery). The returned products cannot be used, worn or damaged, must have their ID tags attached and must be returned in their original packaging with any related accessories and instruction manuals. Shoes and other accessories must be returned with their original boxes, which must not be damaged and/or altered or used as the external parcel for the shipment. Swimwear (bikini bottoms, swim shorts or briefs) and intimate apparel must be tried on over underwear. Returns will not be accepted if the protective hygienic strip has been removed. Items that have any sign of use or wear will be returned to the Client.
Jewelry must be returned in the same condition it arrived in, including all branded packaging and documents provided with it. Goods returned in conditions other than those described above will not be refunded. The products must be returned in a single package and, if possible, inside the original packaging that they were delivered in.
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCRs”) or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order.
You can send the products you want to return via your preferred method, using a courier or the ordinary postal service.
Please send an mail to receive the address for the returned products: firstname.lastname@example.org.
Shipping costs will be paid by us only if:
- You received one or more products that were different from the ones you ordered.
- The products you received feature manufacturing defects.
Once we have received your return, the condition of the returned products will be assessed and any refund will be processed within 30 days from the date the goods were received.
In the case that the return shipment requires pickup or the payment of any added fees, findage.eu reserves the right to refuse returns sent with a different courier than specified in the confirmation email.
In the instance that the aforementioned conditions have not been respected or damage is found to the returned products or their function is impaired, Findage the right to refuse the return. In this case, you can decide to receive the purchased products again, however shipping costs are borne by the customer. Afterwards it will no longer be possible to refuse the sent shipment.
Except in relation to certain types of products as set out in the Returns Policy, you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the products (“cooling-off period”).
To cancel a contract, you must clearly inform us, preferably:
- By telephone on +316 112 538 85 giving us your name, address and order reference;
If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 14 days after the day on which you notify us of the cancellation, and ensure the item(s) comply with the conditions of our Returns Policy.
If you cancel a contract between us within the 14 day cooling-off period, we will process the refund due to you as soon as possible.
11) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
- Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.
(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
17) Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by Dutch law. The courts of The Netherlands shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.