GENERAL TERMS AND CONDITIONS
These General Terms and Conditions of FERGANZA are governed by and construed in accordance with the laws of the Netherlands. You agree, as we do, to submit to the exclusive jurisdiction of the Dutch courts in the event of any dispute arising from these General Terms and Conditions. These General Terms and Conditions of FERGANZA apply both to companies and individuals, both to public and private enterprises and both at European and national and local levels. If you have any questions about our general Terms and Conditions please do not hesitate to contact us via email: firstname.lastname@example.org.
FERGANZA is following the General Terms and Conditions of Sale, Delivery and Payment of MITEX (Dutch Association of Retail Traders in the Fashion Industry). The MITEX general terms and conditions were drawn up in July 2014 in consultation with the Dutch Consumer Association within the context of the CZ (Coordinating Group for Self-Regulation) of the SER (Social and Economic Council of the Netherlands).
Article 1: Scope
1.1 These general terms and conditions (hereinafter: the general conditions) govern all contracts, supplies and other services agreed between the customer and FERGANZA.
1.2 By placing an order, the customer agrees to be bound by the general conditions.
1.3 Unless FERGANZA has indicated otherwise in writing to the customer, the customer's own general terms and conditions shall not be accepted.
Article 2: Entering into a contract
2.1 Ferganza shall confirm the customer's order by e-mail. Contrary to Article 4. 1 of the MITEX general terms and conditions, a contract is created only when payment has been successfully made.
Ferganza is entitled to refuse, or impose special conditions upon, a supply, subject to giving reasons. If Ferganza is unable to clearly establish the customer's permanent or temporary address, an order cannot be accepted.
2.2 Order processes that for whatever reason have been technically or otherwise disrupted before the payment instructions have been completed are incomplete, even if the customer has received an order confirmation. Such an order will in principle therefore not be delivered. Ferganza shall endeavor, however, to contact the customer to complete the payment instructions so that delivery can be made.
Article 3: Prices and costs
Prices are subject to change without notice. Prices are inclusive of BTW/VAT/TVA/TAX (where applicable). Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
3.1 The contract price is the current price at the moment when an order is placed with the webstore. The prices of articles are quoted inclusive of BTW/VAT/TVA/TAX.
3.2 The prices quoted in the webstore are exclusive of postage and administration costs.
3.3 FERGANZA is not bound by the terms of its offer in the event that there is any printing, typesetting or programming fault on its website.
Article 4: Fulfilling orders
4.1 FERGANZA shall act with the greatest possible care in processing orders for articles.
4.2 Articles shall be delivered to the address given by the customer to FERGANZA.
4.3FERGANZA shall dispatch accepted orders as quickly as possible in the order in which they are received.
4.4 The delivery term on the website is approximate only and there is no right to compensation if actual delivery takes longer.
Article 5: Customs, Duties and Taxes
5.1 The customer is responsible for assuring that the product can be lawfully imported to the destination country.
When ordering from www.ferganza.com / www.ferganza.fr / www.ferganza.ca the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside the European Union may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; Ferganza has no control over these charges and cannot predict what they may be.
5.2 It might be a good idea to contact your local customs office for current charges before you order, so you are not surprised by charges you were not expecting.
Article 6: Right to return articles
6.1 Contrary to Article 5 of the MITEX general terms and conditions the costumer is entitled to a full refund. The return has to be done within fourteen (14) days of its delivery. The return has to be made known via email to email@example.com with name and ordernumber.
6.2 When you as customer choose for a full refund, the full refund will be made in 14 days to the same bank account that is used for the order.
6.3 Articles being returned must be in the condition generally accepted for normal use for approval of the articles, such as trying on articles in conventional shops. If a customer wishes to exercise such right to exchange an article, the article must be returned to Ferganza together with everything originally sent with it, in its original state and packaging.
6.4 Ferganza is entitled to refuse to accept a returned article or to send it back to the customer if the article appears to have been used, no longer carries the original labels, or reveals damage caused by the customer, or if the customer does not comply with the instructions for returning the article given by Ferganza.
6.5 If for any reason Ferganza does not deliver within thirty (30) days without further communication, the customer is entitled to a full refund, without any charge.
Article 7: Error in delivery
If Ferganza delivers an article different from the one ordered, or if the article is damaged or defective, the customer must notify Ferganza of this within 24-hours of receiving the article. Ferganza shall reimburse the purchase price.
Article 8: Payment
8.1 The customer can pay by the Website given possibilities that may vary by country.
8.2 All payments must be made in accordance with the instructions given on the pages of the webstore.
Article 9: Privacy
9.1 Collection of your Personal Information Ferganza may collect personally identifiable information, such as your name. We may gather additional personal or non-personal information in the future. Information about your computer hardware and software may be automatically collected by Ferganza. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Ferganza website. Ferganza encourages you to review the privacy statements of websites you choose to link to from Ferganza so that you can understand how those websites collect, use and share your information. Ferganza is not responsible for the privacy statements or other content on websites outside of the Ferganza website.
9.2 Use of your Personal Information Ferganza collects and uses your personal information to operate its website(s) and deliver the services you have requested. Ferganza may also use your personally identifiable information to inform you of other products or services available from Ferganza and its affiliates. Ferganza may keep track of the websites and pages our users visit within Ferganza, in order to determine what Ferganza services are the most popular. This data is used to deliver customized content and advertising within Ferganza to customers whose behavior indicates that they are interested in a particular subject area.
Article 10: General
We may, from time to time, change the terms that govern your use of our site. Your use of our site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our site from time to time.
Article 11: Product information
All designs are property of Ferganza and may not be re-used or reprinted without express permission. We have made every effort to display as accurately as possible the colors of our products that appear at the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Article 12: Product availability
Although availability may be indicated on the site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Article 13: Copyright
Article 14: Ferganza Brand Logo and Models
As extra reminder all showed models of clothing, leather jackets, textile jackets with fur or without fur are registered. Just as the FE logo, FERGANZA brand names are registered trademarks. These are all registered at the Benelux office for intellectual Property. BOIP is the official body for the registration of trademarks and designs in the Benelux.
All misuse of our intellectual property will be reported to the official authorities and legal steps will be taken.
Article 15: Prohibitions
You must not misuse this Website, commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; cause annoyance to other users; send any unsolicited advertising or promotional material. FERGANZA will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
FERGANZA reserves the right to close accounts if any user is seen to be attempting to disrupt our services in any way.