These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website www.foolmayastudio.com ('the Website') and your relationship with:

(i) Foolmaya Studio with its registered office in Rotterdam, the Netherlands;

Please read them carefully as they affect your legal rights and liabilities. If you do not agree to these terms, you must not access or use the website. If you have any questions about these terms, please contact us.

 

1. AGREEMENT

By using the Website, you agree to the Terms and you authorize us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card information to authenticate your identity, validate your credit card, obtain a credit card authorization, and authorize individual purchase transactions.

 

2. CHANGES

We reserve the right to:

We may update these Terms from time to time and will notify you of such changes by means of a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will be effective from the date they are announced on the Website. If you do not agree to the amended Terms, you are requested to cease using the Website. If you continue to use the Website after the date on which the changes apply, you agree to be bound by the new Terms.

To modify or withdraw (temporarily or permanently) the Website and its content in whole or in part without prior notice to you. You confirm that we cannot be held liable to you for any modifications or withdrawal of the Website and its content.

To cancel any identification code or password we provide to you, whether chosen by you or allocated by us, if in our opinion you have failed to comply with these Terms.

 

3. REGISTRATION

By using this website you warrant that:

You are legally able to enter into contracts.

You are at least 18 years of age or older.

The personal information you are required to provide for registration is correct, accurate, current and complete in all respects.

You do not impersonate any other person or entity.

You will notify us immediately of any changes to your personal information by contacting our Foolmaya Studio representatives via email or telephone: info@foolmayastudio.com

 

4. PRIVACY POLICY

We will treat all your personal information confidentially and will only use it in accordance with our Privacy Policy. Furthermore, we will process your information in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all information provided by you is accurate.

When you shop on the Website, we will ask you to enter personal information in order to identify you, such as your name, email address, billing address, shipping address, credit card number and other payment information. We confirm that this information will be held by us in accordance with our registration with the Data Commissioner's Office.

 

6. COMPLIANCE

The Website may only be used for lawful purposes in a lawful manner. You agree to comply with all laws, statutes and regulations applicable to the Website and its use. You agree not to use the Website to:

Not to introduce or distribute any computer viruses, Trojans, worms, logic bombs or other elements like these that may disrupt, interrupt or hinder normal computer processes.

Not to introduce or distribute any material which is defamatory, offensive or obscene in nature.

Not to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

7. INDEMNIFICATION

You agree to fully indemnify, defend and hold us and our officers, directors, employees and suppliers harmless immediately on demand from and against all claims, losses, costs and expenses, including legal fees, arising out of any breach of the Terms by you or others arising out of your use of the Website or use by any other person accessing the Website using your personal information.

 

8. LINKS WITH THIRD PARTIES

As a convenience to our customers, the Website may contain links to other websites or materials which are beyond our control. For your information, we are not responsible for these websites or materials, nor do we review or endorse them. We are not liable for the privacy practices or the content of such websites, nor for any damage, loss or offence caused or alleged to be caused in connection with the use of or reliance on any advertising, content, products, materials or services available on such websites or resources.

 

9. ORDERS

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by email (or by other means if no email address has been provided) and you will have the option to wait until the item is available from stock or to cancel your order.

 

All orders placed will be treated as an offer to purchase the goods or services from us and we reserve the right to decline such offer at any time. You acknowledge that any automatic acknowledgement of receipt of your order which you may receive from us does not constitute acceptance of your offer to purchase the goods or services advertised on the Website. The purchase contract between you and us will be concluded when we (i) debit your debit card, credit card or PayPal and (ii) dispatch the goods to you or commence the services, whichever is the later, at which time an e-mail confirming the conclusion of the purchase contract ('Dispatch Confirmation') will be sent to you. We will not be obliged to supply any goods or services which form part of your order until the dispatch of such goods or services has been confirmed in a separate Dispatch Confirmation.

 

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.

The products offered on the Website may not be used for resale or distribution. We reserve the right to cancel orders and/or terminate accounts if we believe that products are being ordered in violation of this condition.

 

You will bear the risk for the products once they have been delivered to the delivery address you specified when ordering the products. We will not accept any liability if you have provided us with an incorrect delivery address or if you fail to collect the products from the delivery address you specified.

 

If for any reason your credit or debit card is not processed successfully, we reserve the right to retry the payment within 48 hours. In the event that the payment is still not successful, we will notify you at least 48 hours in advance of any re-attempt to process the payment by sending an email to the email address you have provided to us. If you do not want us to re-attempt the payment, you must cancel your order in advance. Notwithstanding that the risk of loss or damage to the products passes solely to you once they are delivered to the delivery address, ownership of such products will pass to you once (a) the products have been dispatched by us; and (b) we receive payment for them.

10. RIGHT OF CANCELLATION

Where you have purchased goods or services as a consumer (i.e. for private use as opposed to business use), you have the right to cancel any contract concluded with us within 14 days of receipt of the goods or services.

 

If you wish to cancel a contract under this clause, then:

Please report this by contacting us.

You must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as when delivered until the goods or services can be returned to us by you.

We will notify you if we wish to collect the goods or services. The goods or services will be collected within 28 days of receipt of your cancellation notice and we will charge you for the cost of collection. Alternatively, you can return the goods or services to us by first contacting a member of our customer service team who will be able to provide you with the address details.

 

The amount you paid to us will be refunded within 30 days of receipt of the goods.

If you wish to return goods for any other reason (for example because you believe the goods are broken or faulty), we will inspect the goods upon arrival and to the extent we confirm that the goods are faulty, we will either repair or replace them or refund you the full price of the faulty goods (including applicable delivery charges and return postage costs). Please follow our returns authorisation procedure by contacting us by telephone or email. Please contact us as soon as possible and preferably within 3 days of receipt of the goods. If we cannot classify a returned item as faulty, you will be responsible for the cost of returning the item.

 

Details of your right to cancel, and an explanation of how to exercise it, will be provided in the Dispatch Confirmation. Your other statutory rights as a consumer are not affected by this.

 

For more information, please see our returns policy.

 

11. PRICE AND PAYMENT

All prices shown on the website are inclusive of VAT (where applicable) at the current rate and are correct at the time of entering the information onto the system. However, we reserve the right to change prices without notice (such changes will not affect orders for which you have received a Dispatch Confirmation).

If your delivery address is within the European Union, no additional taxes will be charged to you. If your delivery address is outside the European Union, you may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. 

 

Please note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for further information.

 

Payment can be made by all major payment cards, via your PayPal account or via iDeal. Payment will be debited from your account or account at the time of dispatch of the goods or the provision of the service. If payment is made by credit card, a pre-authorisation of €0.01 will likely be held until the card issuer validates the payment.

In the unlikely event that the price shown on the checkout page is incorrect and we discover this before your order is accepted in accordance with clause 9, we are not obliged to sell you the goods at that price. We always try to ensure that the prices shown on our Website are correct, but genuine errors may occur. If we discover an error in the price of the goods you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and have already paid for the goods, a full refund will be made.

You confirm that the payment card, PayPal account or bank account (if you use iDeal) used is yours. All cardholders are subject to verification checks and authorisations by the card issuer. If the issuer of your payment card refuses or, for whatever reason, does not authorise payment, we cannot be held liable for any delay or failure to deliver.

If for any reason your credit or bank payment is not processed, we reserve the right to retry processing the payment. We will notify you at least 48 hours in advance of any retry by sending an email to the email address you provided. If you do not want us to retry processing the payment, you must cancel your order within 48 hours of receiving this email.

Discount codes are only permitted under strict application of the terms and conditions stated at the time of issue of the code, such as applicability or maximum order value. Please familiarise yourself with these terms and conditions before placing an order, as we reserve the right to reject or cancel orders if these conditions are not met, even in the event that the amount has been debited from your payment card or bank account (if you use iDeal). If there are any conflicts between the terms and conditions under which the discount codes were issued and these general terms and conditions, the terms and conditions for the discount codes will prevail. A copy of the terms and conditions applicable to discount codes can be requested at any time from our customer service department via email address info@foolmayastudio.com

 

 

12. ELIGIBILITY FOR PURCHASES

To be legally eligible to place orders on our website or enter into such contracts:

Must be an individual over 18 and provide their real name, address, telephone number, email address or other details

When offering to purchase goods and services where you represent us, you must represent that you are 18 years of age or older and consent to us transmitting information (receiving updated information) to obtain information from third parties, including but not limited to, your debit or credit card number or credit report for the purposes of verifying your identity, validating your credit card, obtaining an initial credit card authorization, and authorizing individual purchase transactions.

13. Intellectual Property

The contents of the Website are protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain our property or that of our licensors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website.

 

14. Limitation of Liability

(a) Subject to clause 14, if we fail to comply with these Terms, we will only be liable to you for losses you suffer as a result of our failure to comply (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) which are a foreseeable consequence of the failure.

(b) Nothing in these Terms excludes or limits our liability in respect of:

(i) Death or personal injury caused by our negligence;

(ii) Fraud or fraudulent misrepresentation;

(iii) Any intentional breach of these terms and conditions which would give the right to terminate the agreement.

(vi)For any matter in respect of which it would be unlawful for us to exclude or attempt to exclude our liability.

 

USE OF THE WEBSITE

The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made. We make no warranties, express or implied, in relation to the Website and its use. You acknowledge that we cannot guarantee and shall not be responsible for the security or privacy of the Website and any information provided by you. You assume all risks associated with the use of the Internet.

Whilst we will try to ensure that the material available on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as reasonably possible.

In particular, we disclaim any obligations in connection with the following:

incompatibility of the Website with your equipment, software or telecommunications connections;

technical problems including errors or interruptions of the Website;

unsuitability, unreliability or inaccuracy of the Website; and

inadequacy of the Website to meet your requirements.

To the fullest extent permitted by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms include, without limitation, pure economic loss, loss of profits, loss of business information, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever arising out of or related to the Website.

15. Termination

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions of the Terms.

16. Waiver

No waiver by us shall be construed as a waiver of any provision of the Terms.

 

17. Complete Agreement

These Terms form the entire basis of any agreement reached between you and us.

 

18. Returns 

If you wish to return an item for any reason, please let us know within 48 hours of receiving your order if an item is not meeting the requirements. To arrange a return, please contact us and provide our customer service team with your order number, the item you are returning and the reason for return.

We will then respond to you with a unique returns authorisation number and the address to send the item to.

You must package the item securely and include:

The order number

Return authorization number

Whether it is a replacement or a refund request

The reason for the return.

Returned goods must be in their original condition and packaging, along with a copy of the invoice or packing slip.

Upon receipt, the items will be inspected and a refund for the goods and postage will be arranged. Refunds/exchanges will only be offered on items that are faulty, and were clearly so at the time they were dispatched.

21. Reviews

By submitting a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant us and all Foolmaya Studio entities the right to use the name that you submit in connection therewith, if they choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You agree to take all further actions necessary to perfect any of the above rights granted to us, including the execution of deeds and documents at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post. And you represent that as of the date the content or material is submitted to us:

The content or material is accurate;

Use of the content and material you supply does not breach any applicable guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us for all claims brought by third parties arising out of or relating to a breach of any of these warranties.

23. Gift with product promotions

Where we offer a free gift with a product, we will only provide one free gift per transaction (regardless of how many products are purchased). The free gift is subject to availability and we reserve the right to replace the free gift with an alternative gift.

23.2 In order for us to provide a free gift, we may need to list the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to “purchase” the free gift without purchasing the product with which the free gift is provided and any attempt to “purchase” the free gift will be cancelled (notwithstanding any automated communication you receive confirming your order). In the unlikely event that the free gift is dispatched to you, you are required to return the free gift upon written request.

24. Gift cards and credit

Foolmaya Studio Gift Cards - Gift Card can be used to purchase any item sold through the website www.foolmayastudio.com. Our regular terms and conditions, together with the terms and conditions below, will apply to the purchase of your gift card. You can email it to family and friends, or print it out to give to them personally. It's the perfect way to give a gift when you're not sure what to buy!

What is an Foolmaya Studio Card? - Foolmaya Studio’s Gift Card is available in multiple denominations and allows you to give a gift when you're not sure what to buy. Gift cards are issued via email using an electronic voucher code which can then be redeemed at Checkout to purchase a product through the website www.foolmayastudio.com.

How do I order a gift card? -You can add the gift card to your basket just like any other product by clicking the 'Add to Basket' button on the 'Buy Now' tab. Then proceed to the checkout to complete your order. If you wish to purchase more than one gift card, you can either increase the quantity of items on the basket page or go back to the relevant gift card product page and add more items to your basket. You can also purchase other products at the same time as placing your order for the gift card(s). Gift cards are valued and issued in Euros. Discount codes cannot be used when purchasing a gift card.


How do I receive a gift card? -Once your order has been processed and payment has been received, you will receive the electronic gift card code by email to the email address to which your order confirmation email was sent. You will not receive the gift cards you order by post.

How do I give the gift card to the recipient? -Once you have received the electronic gift card code, you can forward it to the intended recipient of the gift card by email, or you can print the gift card and give it to them. Gift cards are valid for 12 months from the date of purchase.

I am the recipient of a gift card, how do I redeem it? -Gift cards can be used to purchase any product on www.foolmayastudio.com. Select the items you wish to order and add them to your shopping cart. To use your gift card, enter the electronic gift card code you received into the 'Discount Code' box and click the 'Add' button. The discount code will then be applied to your order. Then proceed to the checkout as normal.

What are the restrictions? -You can only use one voucher per order and no change will be issued if the full value of the voucher has not been used on the order. Gift vouchers are valid for 12 months from the date of purchase, so please ensure you redeem your gift voucher in good time. Gift vouchers are valued and issued in euros. You cannot use your Gift Voucher in conjunction with another discount code.

I paid for an order using a Gift Voucher. What happens if I want to return my order? -For refunded orders, the refund will be made via the same payment method used to pay for the order. So if you paid for an order, or part-paid, using a gift Voucher, the refund will be made in a Gift Voucher of the same value.

I have lost a Gift Voucher. What should I do? -If you are the recipient of an LF Gift Voucher, please ask the person placing the order if they still have your voucher code. If not, please ask the buyer to contact us via email or telephone.

We can only reissue Gift Cards that have not been redeemed. For the avoidance of doubt, the original Gift Card will be void when we issue a replacement. The original expiration date still applies.

Risk and Loss -The risk of loss and title for a Gift Card pass to the buyer upon our electronic transmission of the Gift Card to the buyer or designated recipient. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission

Fraud -We have the right to close customer accounts and withdraw payment from alternative forms of payment in the event a fraudulently obtained Gift Card is redeemed and/or used to make purchases on www.foolmayastudio.com.

Can I return my Gift Card? -Gift cards are non-returnable and non-refundable except in accordance with your statutory rights. The value of the gift card cannot be converted into cash.