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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”). 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. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Webshop.

 

A. Terms and Conditions 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. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. 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. Webshop Access and Account Security

To access the Webshop or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Webshop that all the information you provide on the Webshop is correct, current, and complete. You agree that all information you provide to register with this Webshop or otherwise, including but not limited to through the use of any interactive features on the Webshop, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Webshop or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions of Use.
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.


D. 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.


E. 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. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Webshop in breach of the Terms and Conditions of Use, your right to use the Webshop will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. 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.


F. 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.


G. Conduct on the Webshop

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Site:


• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards at Section H below set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without your prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate the FREYWILLE, a FREYWILLE employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm FREYWILLE or users of the Site or expose them to liability.


Additionally, you agree not to:


• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.


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.


H. Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:


• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


I. Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for FREYWILLE.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS FREYWILLE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


J. 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.


K. 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.


L. 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.
M. 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.


N. Disclaimers

YOUR USE OF THIS SITE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE 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. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.


O. 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


P. 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.

Q. 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.

R. 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.


S. 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.


T. 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.


U. 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:
FREYWILLE Vancouver
511 Howe Street
BC V6C 2C2 Vancouver
phone: 1800 801 4094
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:


$ 0 if purchase value is above $ 800.
$ 25 if purchase value is below $ 800.


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.

Upon receiving your order, you will be informed of the expected delivery details. However, delivery times cannot be guaranteed. FREYWILLE is not liable for any delays in shipments.

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

Please note that the maximum value for each order is $ 7.600.

Orders will be shipped using a trustworthy international shipping company. 

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 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

FREYWILLE‘s quartz jewellery watches are of the highest quality and the result of expert teamwork. The timepiece and housing are made in Switzerland; they are assembled and perfected at FREYWILLE’s Vienna headquarters.

There is a two-year limited warranty (the “Warranty Period”) on your new watch from the date of purchase. Subject to the limitations set forth below in this paragraph, FREYWILLE warrants that during the Warranty Period the quartz jewellery watches purchased will be free from defects in materials and workmanship. This limited warranty exclusively covers manufacturing defaults that you bring to FREYWILLE’s attention during the two-year limited warranty period, and explicitly excludes damages due to improper handling, modifications, unauthorized repair, failure to follow the product instructions, battery replacement and wearing of leather straps. We recommend avoiding contact with liquids on the jewellery watch, especially on the leather band.

With respect to any defective quartz jewellery watches that you bring to FREYWILLE’s attention during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.  WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.

The Jewellery Watch Guarantee is only valid when it is completed upon purchase, authorised and presented at time of repair.  This limited warranty extends only to the original purchaser of the quartz jewellery watch. It does not extend to any subsequent or other owner or transferee of the product.

 

Thank you for visiting the FREYWILLE Webshop.