GENERAL TERMS AND CONDITIONS OF SALE
1. Scope and information
The present “General Terms and Conditions” (hereinafter referred to as “GTC”) govern the rights and obligations between 2Move Garments unip. (hereinafter referred to as “2move”) and its customer purchasing products (hereinafter referred to as “Products”) sold via 2Move’s own web shop fyke.eu (hereinafter referred to as “Site”).
The “Vendor” 2Move offers products for sale on the Site and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”.
The “Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on the Site.
2Move reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with the Vendor’s business policy.
These GTC exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on Site between the users of the Site and the Vendor.
The “Consumer” should undertake to provide correct and accurate e-mail, or other contact details to the “Vendor” and acknowledge that the “Vendor” may use these details to contact you in the event that this should prove necessary.
2Move reserves the right to modify these GTC from time to time. The GTC in force at the time the contract. The GTC in force at the time the contract is concluded, i.e. the date when 2Move confirms customer’s order, shall apply.
2. Conclusion of the contract
The display of the products and the indication of prices on the website do not constitute legally binding offers, but are only invitations to the customer submit a binding order.
2Move does not issue acceptance of orders but only confirms the entry of the customer’s order. 2Move actually delivery shall constitute 2Move acceptance and shall determine the relevant subject matter and extent of the contract between the parties, also in cases of advance payment by the customer, i.e. also if 2Move debits customer’s credit card account indicated by the customer.
2Move reserves the right to refuse a customer’s order and not to deliver the ordered Products if they are not available from 2Move suppliers and/or manufacturers. The publication of specifications, scopes of delivery etc. in the web shop shall by no means be legally binding; only the Products manufacturer’s actual specifications and the actual scope of delivery at the time of delivery to 2Move shall be relevant. If 2Move cannot deliver the ordered Products to the customer in accordance to the customer’s order (price and Product specifications) 2Move refunds received advance payments to the customer.
Unless explicitly stipulated in writing by 2Move, the delivery dates indicated by 2Move shall only be non-binding reference points though they are given to the best of 2Move’s knowledge. Should a delivery be delayed beyond the date explicitly confirmed by 2Move in writing, the customer may set a period of grace of at least 2weeks. After the expiry of grace period, the customer may withdraw from respective order. Further claims are excluded.
2Move shall be entitled to cancel or not to carry out respectively confirmed orders at any time, especially if 2Move’s suppliers do not supply Products to 2Move. The customer acknowledges in particular that the Product’s sales prices are subject to change, e.g. that prices may be increased between the date of an order and the date of delivery by 2Move in which case the customer may refuse the delivery of such Products. In such instances, 2Move shall repay the purchase price, if paid (also in cases where the customer’s credit card account, indicated by the customer, has been debited), for the Products which have not been delivered; further claims are excluded.
Modifications of the order or cancellations required by the customer are only valid if confirmed by 2Move in writing. Costs already incurred to 2Move may be charged to the customer.
2Move shall be entitled to partial deliveries, and the customer accepts partial deliveries.
No warranty is being given for all technical data and information regarding the scope of delivery, i.e. 2Move shall not be liable for any damage which might arise because of deviations thereof.
3. Price and terms of payment
Prices payable by customer are those in the indicated currency and in effect at the time of acceptance of the order by 2Move.
Prices indicated on the webshop are including Value Added Tax , excluding shipping charges (2Move normally offers free shipping and displays such fact clearly on the relevant sections of the webshop) and (only where applicable) import duties.
4. Payment and Delivery
2Move will charge credit or debit cards upon receival of the order. 2Move reserves the right to verify credit or debit card payments prior to acceptance. Methods of payment accepted by us can be found on the Site.
In case of default in payment, 2Move shall be entitled to suspend all, or parts of, further deliveries to the customer without further notice until payment has been received or secured.
Delivery methods and expected delivery time of Products may differ per country and are clearly indicated on the Site.
Payment can be made using one of the methods mentioned in our webshop. At the moment we use following payment methods: PayPal, Payment via Credit/Debit Card (offered by Stripe).
5. Risk and retention of title
2Move will only dispatch Products once payment in full has been received. Title to the Products will pass to Customer upon dispatch by 2Move.
6. Right of withdrawal
Customer may cancel the contract and return any delivered product to 2Move for any reason, provided that Customer has notified 2Move in writing within 30 days of delivery.
To notify 2Move about such return request and initiate the return process, Customer must follow the process as described on the returns section of the Site under fyke.eu/returns.
All returned/exchanged items must be new, unworn and unwashed with all clothing tags still attached to garments. If you have removed the tags, unfortunately, we will be unable to accept the return.
Unless the product is faulty, all additional postage costs for returning items will be at the customer’s expense. Please note that expedited shipping will not be refunded in case of returns/exchanges.
The phone number to contact the carrier to arrange a pickup can be found in the returns section of the site as well as on the returns instructions sheet inside the box.
Once Customer has notified 2Move about the wish to cancel the contract, any sum debited to 2Move will be refunded as soon as possible and in any event within 7 working days of receiving the ordered item(s) back in our warehouse.2Move takes no responsibility for returned items that do not reach us. We suggest that you get postal insurance before sending the items. Refunds will be credited back into the original account of payment.
7. Goods damaged during transport
Should Customer notice that at delivery the products ordered have been damaged during transport, the employee of the carrier delivering the order should be notified and 2Move’s customer service contacted under firstname.lastname@example.org Not notifying the carrier or 2Move about goods damaged during transport, would however not affect Customer’s warranty rights, however this helps 2Move to raise a claim against the carrier or the transport insurance.
2Move Warranty on all products is 12 months from the date of purchase, when purchased from 2Move or an authorized 2Move retail partner. Where allowed by law, the 2Move warranty does not apply to purchases from unauthorized sellers, including unauthorized Internet sites.
Warranty becomes void if you have not followed the care instructions written on the label. Warranty is not valid for standard wear and tear.
2Move will not repair or replace items that have clear physical stress such as rips and split seams, or where there is clear evidence of inadequate care or treatment
2Move’s warranty program does not cover defects due to improper fit, damage due to misuse, alteration to the product or negligence.
All warranty claims are evaluated on a case by case basis, approved cases will qualify for a replacement or repair. All further or other warranty claims are hereby expressly excluded.
9. Limitation of Liability
2Move shall only be liable for direct damages and only if the customer can prove that 2Move, its auxiliaries or third parties instructed by 2Move have acted with gross negligence or with unlawful intent. In any event, 2Move’s liability shall be limited to the (purchase) prices of the delivery/service in question.
Further liability for damages of any kind of 2Move, its auxiliaries or third parties instructed by 2Move shall be excluded. In particular, Customer shall not be entitled to claim compensation for damages not caused to the Product itself, such as loss of production, loss of use, loss of orders, loss of profits or any other indirect or consequential damage.
10. Applicable law and jurisdiction
These GTC and all disputes arising in connection with these GTC, including the validity thereof, or with the use of the Site or with any purchases on the Site shall be governed by Portuguese Law.
11. Data protection
You can read more about Stripe’s own privacy and terms on their website: https://stripe.com/se/privacy.
12. Closing provisions
Should any of the provisions in the GTC be void, the rest of the contract remains in effect. In place of void provision, relevant law applies.