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Terms & Conditions

I. Terms and Conditions of Use

Welcome to the FREYWILLE Webshop!

Thank you for your interest in the FREYWILLE Webshop. These Terms and Conditions of Use apply to http://shop.freywille.com (this “Site”, or the “Webshop”). The Site is operated by "FREY WILLE" GmbH & Co. KG. FREYWILLE offers this Webshop, including all information, tools and services available from this Webshop, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. By your use of this Webshop you agree to be bound by the Terms and Conditions of Use (the “Terms of Use”) set forth herein. Please make sure you have read and understood the Terms and Conditions of use before using this Webshop.


A. Terms of Use do not apply to product or service offerings

These Terms of Use do not apply to any product or service offered for sale by FREYWILLE on the Webshop. Those product or service offerings are subject to separate general conditions that accompany the applicable product or service offering and are summarized at the end.


B. Accuracy, completeness and timeliness of information on this webshop

FREYWILLE is 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 basis for making decisions without consulting primary, more accurate or more complete sources of information. Your reliance on the material on this Site is at your own risk. This Webshop may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. FREYWILLE reserves the right to modify the content of this Site at any time, but FREYWILLE has no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to this Webshop. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details or smaller than actual size in order to show the entire item.

C. Features and functionality provided by third parties

Some of the content, features and functionality on the Webshop may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In such event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. You acknowledge that FREYWILLE is not responsible or otherwise liable for third party content or the acts or omissions of third party providers and that any claims or other causes of action available to you in connection with either of the foregoing will be brought against the applicable third party provider and not FREYWILLE.

D. Use of materials on the site

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software), is the exclusive property of and owned by FREYWILLE, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print this Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to FREYWILLE, is prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. FREYWILLE reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. FREYWILLE, or its licensors or content providers, retain full and complete title to the material provided on this Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in the sole and absolute discretion of FREYWILLE. FREYWILLE does not warrant or represent that your use of materials on this Site will not infringe on the rights of third parties not affiliated with FREYWILLE.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. FREYWILLE reserves the right, in its sole and absolute discretion, to limit or terminate your access to or use of this Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which FREYWILLE may be entitled at law or in equity.

E. Materials you submit

You acknowledge that you are responsible for any material you may submit via this Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (a) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy rights, infringing on intellectual property rights, illegal or otherwise objectionable; (b) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (c) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of what is commonly referred to as “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you elect to submit material, unless we indicate otherwise, you grant to FREYWILLE and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that FREYWILLE is free to use any ideas and concepts that you provide to FREYWILLE. You grant FREYWILLE the right to use the name you submit in connection with such material. You represent and warrant that you own or otherwise control all the rights to the content you post on this Site; that the content is accurate; that use of the content you supply to this Site does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify FREYWILLE for all claims resulting from content you supply to this Site.

F. Conduct on the webshop

Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.
Some features on this Site may require the use of a password. You are responsible for protecting your password against unauthorized use. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you will notify FREYWILLE immediately. FREYWILLE may assume that any communications FREYWILLE receives under your password has been made by you unless FREYWILLE receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Webshop or use FREYWILLE proprietary marks as meta tags without the written consent of FREYWILLE. These marks include, but are not limited to, those listed at http://shop.freywille.com. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without the express written consent of FREYWILLE. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without the express written consent of FREYWILLE.

G. Return Policy

Sales on this Webshop are subject to FREYWILLE’s Return Policy, which can be found at http://www.shop.freywille.com/return-policy.

H. Links

This Webshop may contain links to other websites, some of which may be operated by FREYWILLE or its affiliates and others of which may be operated by third parties. These links are provided as a convenience to you in order to access the information contained therein. FREYWILLE has not reviewed the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. FREYWILLE is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites located on this Webshop.

I. Trademarks and Copyrights

Trademarks, logos and service marks displayed on this Webshop, including those identified at http://shop.freywille.com are registered and unregistered trademarks of FREYWILLE, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Webshop shall be construed as granting, by implication, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Webshop without the respective owner’s prior written permission, except as otherwise described herein. FREYWILLE reserves all rights not expressly granted in and to the Webshop and its content. This Webshop and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

J. Infringement notice

You are hereby informed that FREYWILLE has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of FREYWILLE’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify FREYWILLE’s copyright agent:

Zeichner Ellman & Krause LLP
1211 Avenue of the Americas, 40th Floor
New York, New York 10036
Attention: William L. Brewer
Tel. 212-826-5332
Email: [email protected]

To be effective, your notification must (i) be in writing, (ii) be provided to FREYWILLE’s copyright agent, and (iii) include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FREYWILLE is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you may provide to FREYWILLE, and so FREYWILLE has an absolute right to remove any material from the Site in the sole and absolute discretion of FREYWILLE at any time.

K. Disclaimers

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. FREYWILLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREYWILLE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. FREYWILLE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

L. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FREYWILLE NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS TAKEN BY FREYWILLE OR FAILED TO HAVE BEEN TAKEN AS A RESULT OF COMMUNICATIONS YOU SEND TO FREYWILLE, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, FREYWILLE’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FREYWILLE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FREYWILLE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FREYWILLE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND FREYWILLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

M. Indemnification

You agree to indemnify, defend and hold harmless FREYWILLE and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this Site, any information or other content you supply, and any violation of these Terms of Use. If you cause a technical disruption of this Site or the systems transmitting this Webshop to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. FREYWILLE reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with FREYWILLE in the defense of such matter.

N. Jurisdiction and applicable law

The laws of the State of New York govern these Terms of Use and your use of this Webshop, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use or use of this Webshop. FREYWILLE recognizes that it is possible for you to obtain access to this Webshop from any jurisdiction in the world, but FREYWILLE has no practical ability to prevent such access. This Webshop has been designed to comply with the laws of the State of New York and of the United States. If any material on this Webshop, or your use of this Webshop, is contrary to the laws of the place where you are when you access it, this Webshop is not intended for you, and FREYWILLE asks you not to use this Webshop. You are responsible for informing yourself of the laws of your jurisdiction and complying with such laws.

O. Changes to these terms of use

FREYWILLE reserves the right, in its sole and absolute discretion, to change and modify any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on this Site. It is your responsibility to check periodically for any changes FREYWILLE makes to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use or other policies means you accept the changes.
In the event FREYWILLE makes material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Webshop and the revised terms will take effect thirty (30) days after their publication on this Site.

P. Entire agreement and admissibility

These Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and FREYWILLE with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Q. Severability

If any provision of these Terms of Use are unlawful, void or unenforceable, the remaining provisions of the Terms of Use will remain in effect.

R. how to contact FREYWILLE

If you have any questions or comments about these Terms of Use or this Site, please contact us by:
Emailing us at: [email protected]

Writing to:

FREY WILLE USA, Inc. , A California Corporation
2444 Wilshire Blvd, Ste 504
Santa Monica
CA 90403
phone: 1 (646) 682-9030
e-mail: [email protected]

web: http://shop.freywille.com, www.freywille.com

 

II. General conditions

1. Delivery and charges

The offering of any product in the FREYWILLE Webshop at a particular time does not imply or warrant that these products will be available at any time. FREYWILLE reserves the right to discontinue any product at any time.

To ensure the secure delivery of your order, FREYWILLE does not ship orders to post office boxes. FREYWILLE is able to accept post office box addresses for your billing needs.

For each address within the United States, the following charges apply:
Ground shipping: $ 0. Please allow 10 business days.

Please be informed that your order will be shipped out from our FREYWILLE stock point in Vancouver, Canada by a trustworthy international shipping company.
International delivery costs do not include any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the delivery recipient. For more information on taxes, duties and customs regulations please contact your local customs office directly.
 

2. Timing and delivery

Please allow a maximum delivery time of up to 10 business days as we create your requested piece. Please note that delivery may take a little longer during the holiday season. FREYWILLE aims to process all orders in as little time as possible. However, please note that our FREYWILLE pieces are handcrafted and may be manufactured upon your request for you especially.

Before you place your order, you will be informed of the expected delivery details. However, delivery times cannot be guaranteed.

You will receive an email notification once your order is processed and ready for shipping.

The risk of loss and damage to the goods passes to you when you or a third party indicated by yourself have acquired the physical possession of the goods. If you, however, have commissioned a delivery service that has not been offered by FREYWILLE the risk will pass to you upon delivery of the piece to such carrier.

3. Payment

We accept payments via
- American Express
- MasterCard
- Visa
- JCB
- Paypal

4. Warranty

We strive to provide you with products that live up to your high expectations in quality and appearance.

If the item you have received is defective, please notify us promptly and return the item by using the FREYWILLE Withdrawal Form that was included with your shipment and return without delay in accordance with our return policy (see shop.freywille.com/usa/return-policy).

The provisions set forth herein do not limit any applicable statutory rights. Please contact our FREYWILLE team directly if you have any queries, and provide them with as much information as possible regarding your order and your concerns.

5. Guarantees

For our FREYWILLE Jewelry Watches FREYWILLE gives our clients a two-year guarantee from the date of purchase.
This guarantee covers manufacturing defaults but expressly excludes damage due to improper handling, battery replacement and wearing of leather straps. This guarantee is only valid when the guarantee certificate is completed at the time of purchase, authorized by FREYWILLE and presented to FREYWILLE at the time of repair.

Thank you for visiting the FREYWILLE Webshop.