Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
1 General
(1) The following terms and conditions shall govern the sale by FIREFLIES (named us) and the buyer (named you). Any terms and conditions that you propose or object to are subject to our written consent. By placing an order with us, it is deemed that you have read, understood and agreed to our Terms and Conditions. If you are unhappy with any aspect of our terms and conditions, please contact us before placing an order.
(2) We reserve the right to add, delete or amend these Terms and Conditions without prior written notice at any time, at our sole discretion.
2 Contract
(1) Consumer orders are only possible via the FIREFLIES website. As soon as you have filled in the order form and confirmed your order with the "BUY" button, a contract between you and us is established in accordance with the conditions below (Prices, Shipping etc.) without written notice from us.
(2) The placed order and chosen conditions are representative for the delivery of our products. The prices and conditions shown at the time you placed the order and confirmed with BUY apply.
(3) These conditions are made for orders of usual commercial volume. If you wish to place an order of a higher volume, please contact us first at sales@fireflies-amsterdam.com.
3 Color of Products and lining and sizing
(1) Please note that while we have tried to accurately display the colors of products and lining, the actual colors you see will depend on your monitor and may not be accurate. If you should have a problem, question or concern, please contact us immediately at inflo@fireflies-amsterdam.com.
(2) Sizing is indicated in the product description section and should be considered prior to buying if the sizing is what is needed.
4 Prices and Payment
(1) All prices are retail prices in Euro or any other currency as indicated.
(2) Accepted methods of payment are iDeal, Sofort Banking, Mister Cash, Mastercard and Visa.
(3) The total cost of your items ordered plus shipping fees as displayed on the web will be billed to your bank or credit card.
(4) This does not include any possible additional costs such as taxes, duties, import fees or customs fees charged by your local government. As customs policies vary widely by country, we cannot anticipate what these charges will be and are not responsible for any taxes, duties, import fees or customs fees levied once the merchandise reaches your country. Please contact your local government or post office for more information. You can get an indication via the following website as well: www.dutycalculator.com
5 Delivery
(1) All orders will be processed within 72 hours from the date of order at the shown prices and delivery conditions to the given address. Delivery dates are without obligation. For binding delivery dates a written guarantee is necessary. Please notice that different causes can highly effect the delivery dates. Our products are handmade in Italy and therefore there is a risk that our products are not in stock. In principle we notify you immediately when you purchase an item at our shop. If not you will be notified by email.
(2) Delivery is made at your risk and expense.
Netherlands
Next business day
iPad cover - 4 Euros
Trolley bag – 10 Euros
Europe
Within 2 business days
iPad cover - 11 Euros
Trolley bag - 50 Euros
Europe includes the following countries:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.
Please note the International Express service is a next day service to all major European cities, with outlying areas taking an additional day.
Deliveries to Norway and Switzerland may be subject to customs delays outside of our control. We cannot be responsible for any customs or import charges placed on your delivery.
United States
Within 3 business days
1Pad cover - USD 21
Trolley bag - USD 75
Please note the International Express service is a 3 business days service to all major US cities, with outlying areas possibly taking an additional day. Delivery times as such can not be guaranteed.
All other countries
Within 5 business days
iPad cover - USD 21
Trolley bag - USD 75
Please note the International Express service for the rest of the world is a 5 business days service to all major countries and cities, with outlying areas possibly taking some additional days. Delivery times as such can not be guaranteed. For further information, feel free to contact us by email at inflo@fireflies-amsterdam.com.
If applicable, any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. Unfortunately, we have no control over these charges, and cannot tell you what the cost would be, as customs policies and import duties vary widely from country to country.
(3) All deliveries to countries ouside of the European Union may be subject to additional costs such as taxes, duties, import fees and custom fees as mentioned in Terms & Conditions chapter 4 Prices and Payment. If you are unsure if this applies to please contact your local government or your post office. You can get an indication via the following website as well: www.dutycalculator.com
(4) The advised dates of delivery may change because of events beyond our control.
(5) If a parcel is returned, because the address was incomplete or incorrect, because you refused to accept it or because you didn't pick it up at your post office in time, you will be charged for all shipping costs.
6 Your rights of Return
(1) Should you wish to cancel or return any purchases, you may do so in accordance with the process outlined below.
(2) Please send an email to sales@fireflies-amsterdam.com, up until 14 days from the day after you received your order, with your order number and your return reasons prior to returning any purchases. After written approval for return from customer service, please return the product to the address displayed on the delivery note.
(3) We will control all returned products. All goods must be returned in perfect condition along with a copy of your initial invoice/delivery note with its original package without signs of usage. We will dismiss the returned product if:
- The product shows signs of visible use
- The product returns without original packaging and/or product tags
- The product is damaged as a result of return transport
We reimburse your payment (Duties, taxes and other expenses excluded). In case of return and cancellations, you will be charged for all shipping charges.
(4) If the product is in any way faulty or does not conform to the order placed, we will gladly refund the purchase price paid, both the original and return shipping costs and any customs, duties and taxes (upon proof of payment i.e. a receipt). Likewise, no good will be taken back if it shows signs of damage or interference, such as
- Natural wear and tear
- Events out of our control e.g. natural disasters
- Signs of improper use
- Interference by the customer or a third person
- Extreme use or extreme influence by the customer
After contacting us at sales@fireflies-amsterdam.com and receipt of confirmation to return the product(s), the items can be sent to the address displayed on the delivery note. All refunds will be issued based upon the original form of payment.
(5) No cost will be covered should the product(s) go missing during the return shipping. We advise you to send all items back with a transport company which provides a track & trace service.
7 Our right
If you supplied us with incorrect information about your creditworthiness we reserve the right to withdraw from the contract in whole or in part.
8 Reservation of proprietary rights
The goods shall remain our property until you have fully paid any and all debts as of the contracting date, including the current account balance if any.
9 Warranty
(1) In the case of a material defect in the product on our behalf, you have the right to choose a similar product in exchange, to withdraw from the contract or to request a price reduction within 1 month for all leather products, from the purchase date at sales@fireflies-amsterdam.com. All requests are to be confirmed by us in writing.
(2) It is up to you to check the products upon delivery and to notify us within the time period mentioned in 9 (1). Failure to do so will result in a loss of your rights.
(3) Other claims for damages and indemnity are ruled by the provisions of Dutch law and we are only liable for gross negligence and intent. Binding law terms (i.e. law of product liability) are not effected.
FIREFLIES shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the contract in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the purpose of the contract and on the fulfillment of which you as FIREFLIES customer regularly rely);
FIREFLIES shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
The aforesaid limitation of liability shall not apply to any mandatory statutory liability, liability for assuming a specific guarantee or liability for damages caused by willful misconduct or gross negligence, or any kind of willfully or negligently caused personal injuries.
To the extent FIREFLIES’s liability is limited or excluded, the same shall apply in respect of any personal liability of FIREFLIES’s legal representatives, employees and vicarious agents.
10 Secure Transactions
Secure Transactions - Our e-commerce system uses MAGENTA which uses SSL (Secure Sockets Layer) - the industry standard for encryption technology used to create a secure transaction environment for commerce on the Internet. If your browser and local network support the use of encrypted data transmissions, our Secure Checkout mode locks all information (i.e.: your credit card number) passed from you to FIREFLIES in an encrypted envelope, making it extremely difficult to be intercepted by an unauthorized party. SSL technology is compatible with Firefox, Safari, Netscape, Internet Explorer and most other browsers.
11 Copyrights
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the FIREFLIES logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of FIREFLIES and are protected by international and U.S. copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of FIREFLIES, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
12 Repeat Infringer Policy
In accordance with applicable law, FIREFLIES has adopted a policy of terminating, in appropriate circumstances, subscribers or account holders who are repeat infringers of these Site Terms.
FIREFLIES may also limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13 Third Party Content
FIREFLIES may provide or allow third party content on the Site and may provide or allow links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. FIREFLIES does not monitor or have any control over any Third Party Content or third party Web sites. FIREFLIES does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. FIREFLIES does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Product reviews and comments posted on the Site are strictly the opinion of the user posting such reviews or comments, and FIREFLIES does not endorse or approve any such reviews or comments.
14 User Content and Interactive Services or Areas
The Site may include discussion forums, blogs, product reviews, or other interactive areas or services ("Interactive Areas in which you or other users create, post or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that you know or have reason to know is inaccurate, untruthful or misleading;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of FIREFLIES, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose FIREFLIES or its users to any harm or liability of any type.
FIREFLIES takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is FIREFLIES liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
In order to comply with legitimate governmental requests, subpoenas or court orders and where permitted under applicable data protection laws, FIREFLIES may access and disclose information, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content.
Except as otherwise expressly stated by FIREFLIES, FIREFLIES does not claim ownership of any User Content or other materials you post or upload on the Site or otherwise provide or submit to FIREFLIES. However, unless we indicate otherwise, you grant FIREFLIES and its affiliates a nonexclusive, royalty-free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, provided that such license shall be limited to use on or in connection with the Site unless otherwise indicated on the Site. You grant FIREFLIES and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Notwithstanding the foregoing, you acknowledge and agree that any suggestions, ideas, comments or other information or materials regarding the Site, FIREFLIES or FIREFLIES's products or services that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and shall become the sole property of FIREFLIES. FIREFLIES shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15 User Conduct
By using the Site, you agree to abide by the FIREFLIES Code of Conduct, which states that you agree not to:
Use the Site or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
Harvest or collect email addresses or other contact information of other users from the Site or Interactive Areas by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site and/or Interactive Areas or to extract data;
Use automated scripts to collect information from or otherwise interact with the Site or Interactive Areas;
Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
Impersonate any person or entity or otherwise misrepresent your age or you affiliation with a person or entity;
Violate any applicable local, state, national or international law;
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Use or attempt to use another's account without authorization from FIREFLIES;
Attempt to circumvent any content filtering techniques we may employ;
Attempt to access any service or area of the Site (including, without limitation, any Interactive Areas) that you are not authorized to access; or
Engage in any harassing, intimidating, predatory or stalking conduct.
FIREFLIES is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is FIREFLIES responsible or liable for any loss, damage, injury, or harm associated therewith, unless caused by FIREFLIES’s negligence or willfulness. Although FIREFLIES has no obligation to monitor any user conduct on the Site or in any Interactive Area and subject to applicable data protection laws, FIREFLIES reserves the right to monitor any user conduct on the Site at any time and for any reason without notice. FIREFLIES does not approve or endorse any user-posted meetings or events referenced on the Site, and FIREFLIES recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. You use of the Site is at your own risk. Any use of the Site in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
16 Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification and not share such information with any third party; (c) maintain and promptly update the Registration Data, and any other information you provide to FIREFLIES, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to FIREFLIES.
17 Indemnification
You agree to defend, indemnify and hold harmless FIREFLIES from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, statutory attorneys' fees) arising out of your negligence or willfulness and related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against FIREFLIES caused by your negligence or willfulness and relating to the User Content, your negligent or willful conduct, your negligent or willful violation of these Site Terms or your negligent or willful violation of the rights of any third party.
18 Limitation of liability
FIREFLIES shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Fireflies-amsterdam.com website, even if FIREFLIES has been advised of the possibility of such damages.
19 Miscellaneous Terms
(1) For all customers: All terms and contracts under this agreement are governed by Dutch Law without regard to conflict of laws. The designated court is Amsterdam, the Netherlands.
(2) Should a provision of these general conditions of supply prove to be wholly or partly invalid, the parties to the contract shall jointly seek an arrangement having a legal and economic effect which will be as similar as possible to the invalid provision.
20 Change
From time to time, FIREFLIES may wish to change or modify the terms and conditions contained in the Site Terms or a policy or guideline of the Site. In this case, FIREFLIES will notify you by e-mail that the Site Terms have been changed. You will be deemed to have accepted the change concerned unless you object to the change within three weeks as of your receipt of such notification, provided that FIREFLIES has expressly reminded you of this consequence in the notification.
21 Disclaimer
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FIREFLIES.
FIREFLIES does not guarantee or represent that the Fireflies-amsterdam.com website is free from viruses, worms, trojan horses or other destructive material or that the information contained on the Fireflies-amsterdam.com website is accurate, complete or up to date. The Fireflies-amsterdam.com website may contain technical inaccuracies or other defects and FIREFLIES does not guarantee that any such defects will be corrected. The Fireflies-amsterdam.com website and its contents are provided on an "as is" and "as available" basis.
FIREFLIES expressly disclaim all warranties of any kind, whether express or implied, including without limitation, the implied warranties of compliance appropriation of Fireflies-amsterdam.com website or of its contents intended to an usual use or a specific use, of its quality or lack of infringement to ordinary statement from them