TERMS and CONDITIONS
IMPORTANT LEGAL NOTICE
This page (together with the documents referred to on it) tells you the terms and conditions on which we sell any of the products (Products) listed on our website www.fierce88.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should print a copy of these terms and conditions for future reference. If you do not accept these terms and conditions, do not use this Website.
General Terms and Conditions of Business
www.fierce88.com (the “Website” hereinafter) is a site operated by Fierce 88 S.r.l., legal offices in Fagaras, 3rd Cimpului, Romania, under company number 43204853 (“Fierce88” or “we” hereinafter).
1. General Conditions
All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
The products and related prices presented on our Website are an offer to the public, per the procedures indicated in the General Conditions and the Website. The conditions of this offer are only applicable to purchases done on the Website
The presentation of products on our Website does not constitute an offer by Fierce88 for a purchase contract.
By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us and you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old and you reside in one of the serviced countries.
You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “complete purchase”. Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.
On receipt of your order, we will send you an email confirming receipt of your order and stating the details of your order (order confirmation). Please note that this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when We send you the Dispatch Confirmation.
We reserve the right to refuse any offer without stating a reason.
When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
3. Cancellation policy
If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy.
You can return your item for a refund, if it is unworn and in the original packaging and within 60 days from delivery to you.
To cancel your order, please ensure you include the returns form included in the parcel or if you have not received a returns form, a cover letter with your order number and what you require on it, by sending us a letter in the mail, or an email, or using the contact form available in the Website. You may use the cancellation template that is attached, however, it is not mandatory to use this template.
If you cancel your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we received your items.
The payment method which was used to make the transaction will also be used for the reimbursement unless we have explicitly agreed to something else. You will not be charged any fees for reimbursement.
You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics, and functionality.
Any items in the sale section are considered final sale and will not be accepted for return unless faulty. Any faulty items can be returned within six months of purchase.
4. Price and payment
The price shown on the Website when the order is placed is applied to products, with no consideration for any price changes that occurred after or before the offers. Prices advertised on the Website exclude delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
The prices and promotional offers applied are those valid at the time of purchase.
Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
Prices are subject to change without notice but changes will not affect orders which We have already accepted.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.
Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO and ELECTRON.
The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
The Gift Card can be used to purchase any article available on our website – except for additional Gift Cards – before its expiration date.
Exchanges or reimbursements of your gift card are only applicable under the return and withdrawal rights and conditions.
The Gift Card is only valid in countries that we ship to in the respective currencies, stated on our website. The Gift Card can only be used in the destination country, determined when purchasing the Gift Card.
We reserve the right to cancel or block the Gift Card, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. You will be informed immediately in the case of canceling or blocking the Gift Card.
Promotion codes (or discount codes) have different periods of validity and are applicable for the purchase of any product available on the website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code.
Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of Fierce88, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return time frame stated in our terms and conditions.
All discount codes exclude the SAle Category unless otherwise specified. No discount codes can be used in conjunction with any other offer. Discount codes cannot be used on Flash Sales.
Flash Sales Discount applies to the stated products only. Cannot be used in conjunction with any other promotion or code.
Return policy for orders purchased using a promotion code
If you make use of the legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded.
We reserve the right to cancel or block the promotion code if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by Fierce88 in the case of canceling or blocking the promotion code.
5. Product presentation and availability
The goods offered on Fierce88.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
In the case of a subsequent purchase of an identical item in the same size, following a new and more advantageous promotion, Fierce88 will not accept the return of the article with the higher price and will reimburse the amount paid for the item with the lower price, even if the period allowed for making a return request has not yet elapsed.
Any promotions activated will be available up to the sale of all stock.
If products selected by the Customer are not totally or partly available, we will immediately inform the Customer.
6. Our Liability
If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to
- make good any shortage or non-delivery or incorrect delivery, or
- replace or repair any Products that are damaged or defective, or
- refund to you the amount paid by you for the Products in question.
We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
Nothing in this contract shall exclude or limit your statutory rights.
7. Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
8. Written Communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10. Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
All delivery times are an estimate with the courier. Depending upon certain factors within their processes, this may alter the speed of delivery and Fierce88 cannot be held accountable.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
13. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
14. Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Romania and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the Romanian Courts.
Changes to Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which We may decide.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Storage of contract data
We store your order data. If you wish to print your order, you may do so by printing out an “acknowledgment of receipt”. It will appear on your screen once you have submitted your order to us by clicking the “complete purchase” button and your credit card details have been verified.
Also, you will receive an email order confirmation stating all details entered as well as the cancellation template, which can be printed.