The following are our General Terms and Conditions, which apply whenever you make use of our Web App or place an order via our Web App, and contain important information for you as a purchaser. Therefore, please read the General Terms and Conditions carefully. We also advise you to save these Terms and Conditions or to print them out so that you can read them again later.
1. Flyfridge B.V.: having its official place of business in Haarlem, the Netherlands, and registered at the Chamber of Commerce under registration number 56339917, doing business as Flyfridge, hereinafter referred to as ‘Flyfridge’ in these Terms and Conditions.
1.2 Web App: Flyfridge’s web application which can be consulted via flyfridge.com, Facebook and any related subdomains.
1.3 Customer: a natural person or legal entity that enters into an Agreement with Flyfridge and/or has registered via the Web App.
1.4 Agreement: any agreement or contract between Flyfridge and a Customer, of which the General Terms and Conditions form an integral part.
1.5 General Terms and Conditions: these General Terms and Conditions.
2.1 The General Terms and Conditions govern all of Flyfridge’s offers, agreements and deliveries, unless the parties have explicitly agreed otherwise in writing.
2.2 In the event that the Customer includes in its order, confirmation or notification constituting acceptance provisions or conditions that derogate from or are not contained in the General Terms and Conditions, they will bind Flyfridge only if and insofar as Flyfridge has explicitly accepted them in writing.
3.1 All the prices indicated in the Web App and other materials that come from Flyfridge include local VAT.3.2 All the prices stated include shipping charges.
3.3 The content of the Web App has been compiled with the greatest possible care. However, Flyfridge cannot guarantee that all the information contained in the Web App will be accurate and complete at all times. All prices and other information contained in the Web App and in other materials that come from Flyfridge are therefore subject to obvious programming and typographical errors.
3.4 Flyfridge cannot be held liable for any deviation (such as deviations in colour) resulting from screen quality.
4.1 The Agreement will be concluded at the time at which the Customer accepts Flyfridge’s offer and the conditions that Flyfridge has stipulated in that context have been complied with.
4.2 If the Customer has accepted the offer electronically, Flyfridge will immediately confirm receipt of the offer electronically. The Customer will be entitled to dissolve the Agreement at any time until receipt of that acceptance has been confirmed.
4.3 Should it appear at the time of the acceptance or conclusion of the Agreement in another manner that the Customer has provided incorrect information, Flyfridge will be entitled to adjust the prices accordingly.
5.1 The Customer must obtain access to the Web App in order to make optimum use of the Web App.
5.2 The Customer will obtain access to the Web App via his or her Facebook account.
5.4 Flyfridge is allowed to block access or delete an account of customer when Flyfridge will notice any violation of these Terms and Conditions. For example any violation of Article 9. Flyfridge will never make a refund when Customer violated these terms and Conditions.
6.1 As soon as Flyfridge has received the order it will send the products as quickly as possible, with due observance of the provisions stipulated in subsection 3 of this Article.
6.2 Flyfridge is entitled to engage third parties to perform the obligations ensuing from the Agreement.
6.3 The Web App will indicate in a timely manner before the Agreement is concluded in what manner and within what term the products will be delivered. If no delivery term is agreed, the products will be delivered in any event within 30 days.
6.4 Flyfridge will notify the Customer in the event that it cannot deliver the products within the agreed term, in which case the Customer may accept a new delivery term or dissolve the Agreement free of charge.
6.5 Flyfridge advises the Customer to inspect the products that are delivered and to report any defects that are found within a reasonable term, preferably in writing or by e-mail. See further the Article governing guarantee and conformity.
6.6 The risk related to particular products will be passed to the Customer as soon as those products have been delivered at the delivery address indicated.
7.1 There is no right of Withdrawal for products bought on Flyfridge. The right of withdrawal does not apply because the Customer uses a photo that has been uploaded/placed to order magnets, as such orders always relate to products that are manufactured on the basis of the Customer’s own specifications. For that product range is no right of withdrawal applicable.
7.2 The right of withdrawal also does not apply if the Customer purchases ‘credits’. Credits are deemed to be a claim in respect of which the right of withdrawal does not apply.
8.1 The Customer must make payments to Flyfridge in accordance with the ordering procedure and the payment methods indicated in the Web App. Flyfridge is free to choose the payment methods, which it may change from time to time. Flyfridge will make general information about the payment methods available to the Customer in a timely manner prior to the conclusion of the Agreement.
9.1 The Customer declares that by using/uploading any images and/or other materials in the Web App and ordering any images and/or other materials on magnets using the Web App that he is not infringing any intellectual property rights and/or privacy interests of third parties. The Customer declares that he is entitled to use the images and/or other materials.
9.2 The Customer declares that he will use the products ordered only for private purposes.
9.3 Customer is not allowed to using/upload any images and/or other materials in the Web App and order any images and/or other materials on magnets using the Web App that contain content that is unlawful, harmful threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libellous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property, as called specifically in article 9.1.
9.4 Flyfridge is allowed to refuse the order mad eby Customer, when Flyfridge has a notice that Customer uses images or other content that is contrary to this Article. There will be no refund whatsoever.
9.5 The Customer indemnifies Flyfridge against any claims brought by third parties, including claims, on any grounds whatsoever, in respect of compensation for damage or loss, costs or interest, in connection with an Agreement that has been concluded.
10.1 This Article applies only if the Customer is a natural person or legal entity that is acting in the context of conducting a business or practising his profession.
10.2 Flyfridge’s total liability towards the Customer in connection with an attributable breach in respect of performance of the Agreement is limited to compensation of a maximum sum equal to the price stipulated for that Agreement (including VAT). However, under no circumstances will the total compensation for direct damage or loss exceed EUR 100.
10.3 Flyfridge cannot be held liable towards the Customer for indirect damage or loss, in any event including – but explicitly not limited to – consequential damage, loss of profit, lost savings, loss of data and damage or loss due to business interruption.
10.4 With the exception of the cases referred to in subsections 2 and 3 of this Article, Flyfridge does not have any liability whatsoever towards the Customer to compensate damage or loss, regardless of the ground on which an action for compensation is based. However, the limitations referred to in Articles 10.2 and 10.3 will not apply if and insofar as the damage or loss is the result of an intentional act or omission or gross negligence on the part of Flyfridge.
10.5 Flyfridge’s liability towards the Customer in connection with an attributable breach in respect of performance of the Agreement will arise only if the Customer gives Flyfridge immediate and proper notice of default in writing, in that context stipulating a reasonable term in which to remedy the breach and Flyfridge continues to fail to perform its obligations after that term has expired. The notice of default must contain a description of the breach that is as detailed as possible so that Flyfridge will be able to respond adequately.
10.6 Under all circumstances the Customer will be entitled to compensation only if the damage or loss has been reported to Flyfridge in writing as quickly as possible, and in any event within 30 days after the damage or loss arose.
10.7 Flyfridge will not be obliged to compensate any damage or loss that the Customer sustains in the event of force majeure.
11.1 Flyfridge guarantees that the products and/or services are in accordance with the Agreement, the specifications indicated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that apply on the date on which the Agreement is concluded. If the parties so agree, Flyfridge also guarantees that the product will be suitable for use other than normal use.
11.2 A warranty given by Flyfridge, a manufacturer or an importer will in no way affect the statutory rights and claims that the Customer has on the grounds of the Agreement.
11.3 In the event that the product that is delivered is not in accordance with the Agreement the Customer must notify Flyfridge of the defect in writing within a reasonable term after the Customer has discovered the defect.
11.4 If Flyfridge finds that the complaint is well founded, after Flyfridge has consulted with the Customer the product in question will be repaired or replaced or a refund will be given. The maximum amount of the compensation will be equal to the price that the Customer paid for the product.
12.1 If the Customer has a complaint about a product (in accordance with the article governing guarantee and conformity) and/or aspects of the services provided by Flyfridge the Customer may submit a complaint to Flyfridge by e-mail or by post. See the contact details at the end of the General Terms and Conditions.
12.2 Flyfridge will respond to the Customer’s complaint as quickly as possible, but in any event within seven working days after the complaint is received. If it is not possible to provide a substantive or definitive response Flyfridge will confirm receipt of the complaint within seven working days and will provide an indication of the term in which it expects to give a substantive or definitive response to the Customer’s complaint.
13.1 Flyfridge processes the Customer’s personal data in accordance with the privacy statement published in the Web App. The privacy statement will be offered in any event at the time at which a Customer obtains access to the Web App.
14.1 The Agreement is governed by Dutch law.
14.2 Insofar as mandatory provisions of law do not provide otherwise, any and all disputes that should arise in connection with the Agreement will be submitted to the competent Dutch court in the district in which Flyfridge has its official place of business.
14.3 In the event a provision contained in these General Terms and Conditions is void it will not affect the validity of the General Terms and Conditions as a whole. In such cases the parties will lay down a new provision or provisions to replace the provision(s) that is/are void, in which context the intent of the original provision will be upheld to every extent legally possible.
14.4 In these General Terms and Conditions ‘written’ and ‘in writing’ also include by
e-mail and by fax, provided that the identity of the sender and the integrity of the e-mail is sufficiently clear.
kleine houtweg 17b
2012ca haarlem, the netherlands