Terms & Conditions
TERMS AND CONDITIONS
Effective 20th of December 2016
1.2 “Terms” refers to the latest version of these Terms and Conditions document available on the ‘Vagabond Studio’ website.
1.3 “Site” refers to the website of the ‘Vagabond Studio’ available at < www.vagabondstudio.com>
1.4 “User/you/your” refers to any person who is downloading, visiting, using or in any other way interacting with the Site or its respectful Materials (see 1.9) regardless of the activities taken.
1.5 “We/us/our” refers to FREEFASHION SRL, the Site, its employees, and affiliates.
1.6 “Customer” is a User who places an order with us to obtain our Product.
1.8 “Outside sources” refers to any application, website, natural or legal entity other than the FREEFASHION SRL, the Site, its employees, and affiliates.
1.9 “Materials” refers to all images, text, audio and video data or any other information located on the Site. Materials also refer to images, text, audio and video data or any other information located on any other place provided that there is information that said material originated from the Site.
1.10 “Product” refers to Vagabond Studio clothing line.
1.11 “Service” refers to purchasing and ordering option available on the Site.
II GENERAL PROVISIONS
2.1 The Site is owned by FREEFASHION SRL, Strada Sergent David Ilie 2, Bucharest, Romania.
2.2 These Terms govern the use of the Site, Materials, and purchase of Products. These Terms also regulate the contractual relation between Customers and us.
2.3 Terms apply to all Users and Customers regardless of the way, purpose or instruments used in accessing the Site or Materials.
2.5 If you do not comply with the Terms we reserve the right to cancel or terminate your access to the Site, or any part thereof, or your user account. We can, in our sole discretion, suspend or terminate access to all or parts of the Site and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time.
3.1 By accessing the Site you confirm that you are at least 13 years of age.
3.2 By providing us your e-mail address you agree to receive periodical emails from us. You can opt-out from receiving these e-mails at any time by following instructions provided in the email.
IV CHANGING OUR TERMS
4.1 We reserve the right to update and change the Terms periodically without notifying the Users. The current version of Terms is available on the Site indicating the effective date. Users are encouraged to periodically review Terms in order to stay informed on any changes.
4.2 Users are bound by any changes to the Terms regardless of their knowledge about them, provided that changes were published and available for review.
5.1 By placing an order, or by providing your information for other purposes, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, and complete information where requested, which is otherwise compatible with these Terms, (iii) that you have available funds necessary for the requested Product, (iv) that you will not use Product contrary to these Terms or applicable laws.
6.1 Some of the Services provided are only available to registered Users. If you chose to access the Services you agree to the following terms:
6.2 Registered Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms on the Site. Registered Users agree to update their information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you access to the Site, parts of it or our Services. FREEFASHION SRL is not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
6.3 Purchasing of the items from the Site is available to both unregistered and registered users.
6.4 You may only purchase or order items for non-commercial, personal use and any other use is not permitted. You may not sell or resell any products you purchase or otherwise receive
from FREEFASHION SRL. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by us in our sole discretion.
Pricing and Delivery
6.5 All prices on the Site are displayed tax-free. All taxes, excluding the shipping price, will be added once the items are in the cart. 6.6 We will use commercially reasonable efforts to deliver items as quickly as possible within a reasonable time, but we are not responsible for any delays in delivery which are beyond our control. The risk of damage or loss of goods shall be passed to you upon our delivery of products to the delivery company. 6.7 In the event that the Product is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any orders placed for product listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancelation.
Cancellation and Return Policy
6.8 You can cancel your order until the point when the items are scheduled for shipment. We reserve the right to cancel your order if we are unable to process payment, you provide invalid personal information, or the product has become unavailable. We will notify you prior to cancellation provided that we have your contact information. 6.9 If you are not satisfied with the delivered Product, please contact our customer service department. All refunds and replacements are provided at our sole discretion.
6.10 All payments on the site are conducted through PayPal or credit/debit cards (Visa, Mastercard, Discover, American Express).
Availability of the Products
6.11 We aim to serve customers in the best way possible, however sometimes, due to the high traffic and above average inventory turnover, we may not have requested products in stock after the purchase is made. We will inform you in a timely manner when we are not able to deliver the products and will give you an estimation of time when the products will be available again. In this case, we reserve the right to cancel and refund your order unless we can offer a suitable replacement which you agree to receive.
6.12 We may contact you using the available contact information provided by you, for any matters relating to purchasing, paying and delivering of the product. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the FREEFASHION SRL and our affiliates. You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
VII WEBSITE CONTENT
7.1 All Materials on the Site, including but not limited to text, images, video, information, applications, software, music, sound and other files are the property of FREEFASHION SRL. Materials on the Site are available for fair use to Users. Usage of the Materials is governed by appropriate laws of the state of Romania. The User must reference the Site, its respectful owners, and authors of the Materials where available if they are using Materials for non-commercial use. The user must obtain our written permission for usage of Materials for commercial purposes.
7.2 Users are able to post content on the site and to interact with the available content and other Users. Users agree not to post or transmit content which is illegal, obscene, threatening, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties. Some of the content provided by Users is subjected to prior approval by the content administrators. Although we do not constantly monitor content posted on the Site, we reserve the right to remove any content which we find to constitute a breach of these
Terms or relevant laws, without notifying the Users or providing reasoning for such action. Users are solely responsible for their own content and the consequences of making the content available to third-parties. If you post content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on the Site and on any other marketing material we may create. Whenever we might use the User generated content we will give appropriate credit to the content provider through their chosen username on the Site.
VIII THIRD - PARTY CONTENT
X GOVERNING LAWS
10.1 Having in mind that we are providing our Product internationally and that the Site can be accessed from countries around the world, since each of these jurisdictions have laws that may differ from those of the state of Romania, by accessing the Site, you agree that any claim relating to the access or use of the Site or Product shall be governed by the laws of the state of Romania, without regard to its conflict of law provisions. You also agree and hereby submit to the nonexclusive jurisdiction of the courts in Bucharest, Romania, for the resolution of any conflict arising out of or in connection with these Terms or the Site.
11.1 You will indemnify and hold harmless FREEFASHION SRL and its employees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and its Services, content which you provide, or your violation of these Terms.
12.1 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES AND THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING THE SITE OR THROUGH YOUR DOWNLOADING OF MATERIALS FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL FREEFASHION SRL OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY MATERIALS ON THE WEBSITE.
XIII FINAL PROVISIONS
13.1 If any part of these terms and conditions is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the terms and conditions.
14.1 If you have any questions, suggestions, or comments, you can address them to [email protected].