New Colour Drop: Sage just joined the party
AGB
Table of Contents
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1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Redemption of Campaign Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative dispute resolution
12. Foundly Give-Aways
13. Pre-Orders
14. Foundly Ambassadors
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Janina Vöcklinghaus Foundly GmbH c/o Janina Vöcklinghaus (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.5 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail.
2.3 The Seller may accept the Client’s offer within five days, - by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or - by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or - by requesting the Client to pay after he placed his order. Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client's offer at the time when the Client clicks on the button concluding the order process.
2.5 If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“). If the Client chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.6 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.7 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.8 The English language is exclusively available for the conclusion of the contract.
2.9 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
3.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 If the payment method “purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 10 days of receipt of the invoice, unless otherwise agreed upon.
5) Shipment and Delivery Conditions
5.1 Delivery will be made to the delivery address specified by the Client, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive.
5.2 If delivery is made by a transport company commissioned by the Seller, this does not affect the Client’s statutory rights.
5.3 In case the delivery is delayed, the Client will be informed by the Seller of the delay. If the Client is an entrepreneur, the Seller is not liable for the delivery delay.
5.4 If the Client is a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes to the Client when the goods are delivered to the Client or to a person authorized to receive the goods.
6) Reservation of Proprietary Rights
6.1 The goods remain the property of the Seller until full payment has been received.
6.2 For the duration of the reservation of proprietary rights, the Client is obliged to handle the goods with care and to inform the Seller immediately of any damage or loss of the goods.
7) Warranty
7.1 The warranty is governed by the statutory provisions.
7.2 The Client is requested to inspect the goods immediately after delivery for completeness, obvious defects, and transport damage and to notify the Seller and the transport company of any complaints as soon as possible. Failure to do so shall not affect the Client’s statutory warranty claims.
8) Redemption of Campaign Vouchers
8.1 Vouchers which are issued free of charge by the Seller within the framework of promotions with a specific validity period and which cannot be purchased (hereinafter referred to as "Campaign Vouchers") can only be redeemed within the validity period.
8.2 Campaign Vouchers may only be redeemed for the goods specified in the campaign and cannot be used for the purchase of vouchers.
8.3 Campaign Vouchers can only be redeemed before the conclusion of the ordering process. Subsequent settlement is not possible.
8.4 Only one Campaign Voucher can be redeemed per order.
8.5 The value of the Campaign Voucher will not be paid out in cash and is not interest-bearing.
8.6 The Campaign Voucher will not be refunded if the Client returns the goods paid for with the Campaign Voucher in whole or in part.
8.7 The Seller reserves the right to refuse the redemption of Campaign Vouchers in case of suspected fraudulent activities.
9) Redemption of Gift Vouchers
9.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in accordance with the regulations laid down in these GTC.
9.2 Gift Vouchers may only be redeemed for the goods specified in the voucher and cannot be used for the purchase of other vouchers.
9.3 Gift Vouchers can only be redeemed before the conclusion of the ordering process. Subsequent settlement is not possible.
9.4 The value of the Gift Voucher will not be paid out in cash and is not interest-bearing.
9.5 The Gift Voucher will not be refunded if the Client returns the goods paid for with the Gift Voucher in whole or in part.
9.6 The Seller reserves the right to refuse the redemption of Gift Vouchers in case of suspected fraudulent activities.
10) Applicable Law
10.1 All legal relations between the parties are governed by the laws of the Federal Republic of Germany, excluding the international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
10.2 If the Client is a consumer and has his domicile or habitual residence in a country other than Germany, the mandatory provisions of the country of residence remain unaffected by the choice of law.
11) Alternative dispute resolution
11.1 The EU Commission provides an online platform for the resolution of disputes. The platform can be accessed at https://ec.europa.eu/consumers/odr.
11.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12) Foundly Giveaways
Welcome to Foundly’s giveaways! By participating, you agree to the following general terms and conditions:
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Eligibility: Open to residents aged 18 or older, unless otherwise prohibited by local law.
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Entry Requirements: Follow specific entry instructions for each giveaway.
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Selection of Winners: Winners are chosen at random and will be notified by Foundly via email or direct message on social media.
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Prize Details: Prizes are non-negotiable, non-transferable, and non-refundable. No cash alternative is available. In the event that a prize becomes unavailable for any reason, Foundly reserves the right to substitute it with a prize of equal value.
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Content Usage: By participating, you consent to Foundly using your content for promotional purposes.
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Platform Disclaimer: Giveaways are not sponsored, endorsed, or administered by, or associated with Instagram, TikTok, or any other social media platform.
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Liability:
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Foundly will not be held liable for any failure of receipt of entries. Foundly takes no responsibility for entries which are lost, delayed, illegible, corrupted, damaged, incomplete, or otherwise invalid.
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To the extent permitted by applicable law, Foundly’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
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To the extent permitted by applicable law, Foundly shall not be liable under or in connection with these terms and conditions, the competition, or any Prize for any indirect, special, or consequential cost, expense, loss, or damage suffered by a participant, even if such cost, expense, loss, or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and Foundly, and whether arising from breach of contract, tort, negligence, breach of statutory duty, or otherwise.
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Winner Information: The name, address, email address, and phone number of the winner must be provided to Foundly if requested and will be shared to enable fulfillment of the Prize.
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Changes and Cancellations: In the event of unforeseen circumstances beyond Foundly’s reasonable control, Foundly reserves the right to cancel, terminate, modify, or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
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Publicity: The winner’s name and social media username may be posted on Foundly’s social media profiles after the winner has been selected.
13) Pre-Orders
By placing a pre-order with Foundly, you agree to the following terms and conditions:
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Payment: Full payment is required at the time of pre-order to secure your item(s). Your payment guarantees your place in the pre-order queue.
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Shipping & Delivery: Estimated shipping dates are provided at the time of purchase but may be subject to change. We will notify you of any significant delays.
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Cancellations & Refunds: Pre-orders can be canceled for a full refund before the product has shipped. Once the item has shipped, standard return policies apply.
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Product Availability: Pre-order items are subject to availability. If we are unable to fulfill your order, you will receive a full refund.
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Changes to Terms: We reserve the right to update these terms and conditions at any time. Any changes will be communicated to pre-order customers.
14.) Foundly Ambassadors
1. Subject of the Foundly Ambassadors / Affiliate Programme
The Content Creator promotes Foundly products through the use of individual affiliate links. Compensation is based on the sales generated through these links.
2. Commission Model and Compensation
Foundly pays the Content Creator a mutually agreed commission, calculated as an agreed percentage of the gross sales value from sales generated via the affiliate link. Payment is made monthly by bank transfer.
3. Rights to Content
All content created by the Content Creator, including photos, videos, or texts, may be used by Foundly for its own marketing purposes, including use on social media and the website. The Content Creator grants Foundly a worldwide, perpetual right to use the created content.
4. Promotional Responsibility
The Content Creator commits to making only truthful statements that correspond to their own experience with the products when promoting Foundly products. The legal requirements, especially regarding the identification of content as advertising, must be adhered to by the Content Creator.
5. Right to Terminate
The affiliate programme may be terminated by either party with a notice period of 30 days without giving reasons. Commission claims that have arisen up to that point remain unaffected.
6. Tax Responsibilities
The Content Creator is solely responsible for fulfilling all tax and social security obligations related to the commissions earned. Foundly accepts no liability for any claims from tax authorities or other institutions.
7. Liability
The Content Creator indemnifies Foundly against all third-party claims arising from a breach of third-party rights or from unlawful promotional statements made in the course of affiliate activities.
8. Jurisdiction and Applicable Law
All disputes related to the affiliate programme shall be governed by the laws of the Federal Republic of Germany. The place of jurisdiction shall be the registered office of Foundly.
14) Foundly Ambassadors
1. Subject of the Foundly Ambassadors / Affiliate Programme
The Content Creator promotes Foundly products through the use of individual affiliate links. Compensation is based on the sales generated through these links.
2. Commission Model and Compensation
Foundly pays the Content Creator a mutually agreed commission, calculated as an agreed percentage of the net sales value from sales generated via the affiliate link. Payment is made monthly by bank transfer.
3. Rights to Content
All content created by the Content Creator, including photos, videos, or texts, may be used by Foundly for its own marketing purposes, including use on social media and the website. The Content Creator grants Foundly a worldwide, perpetual right to use the created content.
4. Promotional Responsibility
The Content Creator commits to making only truthful statements that correspond to their own experience with the products when promoting Foundly products. The legal requirements, especially regarding the identification of content as advertising, must be adhered to by the Content Creator.
5. Right to Terminate
The affiliate programme may be terminated by either party with a notice period of 30 days without giving reasons. Commission claims that have arisen up to that point remain unaffected.
6. Tax Responsibilities
The Content Creator is solely responsible for fulfilling all tax and social security obligations related to the commissions earned. Foundly accepts no liability for any claims from tax authorities or other institutions.
7. Liability
The Content Creator indemnifies Foundly against all third-party claims arising from a breach of third-party rights or from unlawful promotional statements made in the course of affiliate activities.
8. Jurisdiction and Applicable Law
All disputes related to the affiliate programme shall be governed by the laws of the Federal Republic of Germany. The place of jurisdiction shall be the registered office of Foundly.
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