Freshfiber, available through the website Freshfiber.com (hereafter “the Site”) is a service provided by Freshfiber NV. Freshfiber NV is a company, established and registered in the Netherlands, with registered office at Burmanstraat 34hs, 1091SK, , with registration number 66122996 and VAT number NL8564.04.196.B.01.
You can contact us by sending us an email at support (@) freshfiber.com
Freshfiber may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of the Site shall be deemed your conclusive acceptance of the modified terms and conditions.
Orders placed by you are accepted are made subject to these terms and conditions which shall prevail and be effective notwithstanding any variations or additions contained in any order or other document submitted by you. No modification of these terms shall be binding upon Freshfiber or any of its subsidiaries or affiliated companies (hereafter ‘Freshfiber’) unless made in writing by an authorised representative of Freshfiber.
The ordering process happens as follows : you select the product you would like to buy from Freshfiber; on the product page you choose the color or material, and can optionally add personalisation to the product.
If you choose personalisation of the product, we will create a custom made variant of the product for you.
You add either the “original” or the “personalized” product to your shopping cart.
You choose the country where the model must be delivered; you have a view of the order and the costs; you choose the payment manner and execute the payment and confirm the order. Before paying, you have the possibility to go back in the process (clicking the “back” button) if you see that a mistake has been made and you would like to modify it.
You must ensure that the information you submit in your order is accurate and complete before paying it, because afterwards it is impossible to bring any modification because the production starts immediately. Should it not be the case, modifications will be allowed in so far it has been agreed by Freshfiber in writing.
After you have placed an order, we will send you an e-mail confirming your order details. This confirmation means that a binding agreement will exist between us except if there is an inability to process orders, which you shall be informed at last within two working days after filing your order.
Freshfiber may, at any time during the ordering and the manufacturing process, revoke and/or cancel any quotation/order, if there are technical reasons to do so. In such case, Freshfiber will reimburse you all monies paid.
Freshfiber reserves the right to refuse at its own discretion and at all times a personalisation that is in conflict with its values.
Price - Payment
The price calculated by Freshfiber contains the cost of the product and the shipment of the product, as well as taxes when applicable. There is no insurance. Other duties and taxes applicable for the delivery of the product, even if not mentioned in the invoice sent by Freshfiber, will be paid by you.
The price is calculated in EURO or DOLLAR. Freshfiber remains the sole owner of the products until their entire payment, transport and taxes included.
Term of delivery – Risk of transport
The average range required to produce and ship a product is 4-10 working days. We generally do not hold stock of product in order to save material cost to ourselves and the planet.
This range does not bind Freshfiber in any way. The actual delivery time is determined by a number of circumstances, for example (but not included to) working conditions applicable at the time the agreement is concluded, on the punctual delivery of the materials ordered by Freshfiber for the execution of the order.
Should your payment details be incorrect, the delivery will be postponed until the correct information is received from you.
Freshfiber uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.
Inspection - Returns – Replacements – Refunds
For the products that are personalized (other than selecting the color or material), there is no right to return or possibility for cancelling your order within a certain period of time.
Upon delivery of the product, Freshfiber expects that you submit the product to a thorough inspection. If, upon inspection, you feel that the product is not in conformity with the order, you should contact us as soon as possible and at the latest 14 days after your receipt of the product. In the case that you omit to exercise this control or decides to use a non-conform product, you dismiss Freshfiber from any liability for the possible consequences of the usage of this product.
You should not return products without having received an explicit request from Freshfiber to do so.
The liability of Freshfiber vis-à-vis you for real and proven damage will, regardless the gravity of the failure, be limited to the price of the product directly related to the reason of the claim. All other liability of Freshfiber, such as that for consequential loss, other indirect loss and loss as a result of third party liability, is excluded.
Marketing and IP of personalized products
By personalizing a product (which may include personal text or imagery), you grant a non-exclusive, royalty free, unlimited in the time, worldwide license to Freshfiber to display the product you bought in its personalized state for marketing purposes. Freshfiber has the right to reproduce in 3D, to take photographs/pictures and reproduce the pictures of the design on any support (CD, DVD, internet, folder, etc.) for marketing purposes.
By personalizing one of the products, you state that you do not infringe any copyright or any other intellectual property right (trademark, design and mode, patent, etc.) of a third party and/or that you obtained all the necessary permissions in order to duly allow such a license to Freshfiber.
Limitation of liability
The information and content provided on the Site and your access of the Site does not create any relationship between you and Freshfiber.
ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. Freshfiber DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS WILL BE OR CAN BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
FRESHFIBER SHALL NOT IN ANY EVENT BE LIABLE TO ANY USER OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE WHATSOEVER (BUT NOT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIABILITY EXCLUSIONS OR LIMITATIONS FOR INTENTIONAL TORTS, GROSS NEGLIGENCE, DAMAGES ARISING OUT OF PRODUCT LIABILITY OR OTHER FAULT BASES), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR THE INFORMATION OR CONTENT, IRRESPECTIVE OF THE BASIS FOR SUCH CLAIM.
UNDER NO CIRCUMSTANCE CAN FRESHFIBER BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS WHICH HAVE BEEN REQUESTED/ANALYSED IN THE QUOTATION PHASE. THE LIABILITY OF FRESHFIBER VIS-À-VIS YOU FOR REAL AND PROVEN DAMAGE WILL, REGARDLESS THE GRAVITY OF THE FAILURE, BE LIMITED TO THE PRICE OF THE PRODUCT DIRECTLY RELATED TO THE REASON OF THE CLAIM.
Data protection and privacy
By submitting orders:
- you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms of Freshfiber; subject to the situation that these Personal Data are required to process your order and to fulfill our legal obligations.
- you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing.
In certain circumstances Freshfiber may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Freshfiber it shall also be regarded as “Personal Data”.
The Personal data are collected by Freshfiber in order to :
- fulfill its obligations under any sale and purchase contract and any other contract with you
- ask your opinions on its products and services
- provide you with the latest products and services information
- improve the products and services for you
Freshfiber may share, make available or transmit Personal Data to other departments and divisions in Freshfiber.
Freshfiber will not disclose Personal Data to entities and persons, other than Freshfiber, (“third parties”) without your consent, except in the cases below.
Personal Data may be disclosed to third parties to enable compliance with legal obligations to which Freshfiber or its Affiliates are subject.
- do not use Personal Data other than for the purposes permitted;
- obtain and process Personal Data only on condition that they secure that Personal Data from unauthorised use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use; and
- comply strictly with applicable laws.
The sale of products and these terms shall be governed by and construed under the laws of the Netherlands.
Warranty and Return Policy
Freshfiber BV’s ("Freshfiber") warranty obligations for the Freshfiber product you have purchased (the "Product") are limited to the terms set forth in this document.
Freshfiber warrants the Product against defects in materials and workmanship for a period one (1) year from the date of original purchase ("Warranty Period").
If a defect arises and a valid claim is received by Freshfiber within the Warranty Period, at its option, Freshfiber will exchange the Product with a functionally equivalent new product. If the Product is exchanged, the replacement product becomes your property and the Product becomes Freshfiber's property.
Exclusions and Limitations
Freshfiber's limited warranty does not apply to personalized- or other custom-made Products. For non-customized products, applies only to the Product.
The warranty does not apply to any non- Freshfiber product, even if packaged or sold with the Product. The warranty excludes without limitation any scratching or surface damage to any non-Freshfiber product, even if packaged or sold with the Product.
This warranty applies only to the normal use of the Product, normal wear and tear excepted, in accordance with written use instructions, if any, provided with the Product (either in writing or through a hyperlink to such instructions). This warranty does not apply to damage caused by accident, abuse, misuse (including taking a case on or off multiple times per day, or bouncing your iphone on its case without reason), or modification of the Product.
No Other Warranties
To the maximum extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied.
Freshfiber specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If Freshfiber cannot lawfully disclaim or exclude implied warranties under applicable law, then to the extent possible any claims under such implied warranties shall expire on expiration of the warranty period. No Freshfiber reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
Limitation of damages
To the maximum extent permitted by law, Freshfiber is not responsible for direct, or for special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including without limitation any costs of replacing personal property, or costs of recovering or reproducing any program or data stored in a device used with or carried in the Freshfiber product.
Warranty in addition to Consumer Protection
For consumers who have the benefit of consumer protection laws or regulations in their country of purchase or their country of residence, that cannot be disclaimed as set forth above ("consumer laws"), the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such consumer laws. To the extent that liability under such consumer laws may be limited, Freshfiber's liability is limited, at its sole option, to replacement of the product.
Return Policy for Online Purchases via freshfiber.com
We will be glad to refund any new and unused merchandise purchased via www.freshfiber.com. If you would like to return a product that is in unused condition, you are entitled to a refund within 15 days of the original purchase. Shipping and handling charges are non-refundable. A return refund will be made for the amount of the product plus taxes, minus all shipping-handling fees. Custom cases are not eligible for return or exchange. Customers are responsible for the shipping cost when returning their products.
To return or exchange a product, you will need a Return to Manufacturer by Authorization (RMA) number. You will need to properly follow the Return/Exchange instructions given below after you contact us. Under no circumstances will a return or an exchange be accepted if the instructions are not followed and/or an RMA number is not included.
- To receive an RMA number, please email us at firstname.lastname@example.org within 15 days of your purchase. Please include an attachment of your original order which will act as your receipt.
- If the email is sent to us timely and with the receipt attached, we will send you back an RMA number and address of our warehouse (Europe).
- Send back to Freshfiber, to the address specified, the following items:
- The product, in its original packaging, in good condition;
- The receipt of your product;
- The RMA number you received from us.
- Once we have received the product and receipt in the correct condition we will refund the original product purchase cost.
- Should you want an exchange, you can order your new product via the Freshfiber online shore at www.freshfiber.com.
Freshfiber reserves the right to modify its exchange- and return policy.
Additional Warranty for retail purchases in the USA, Canada, Asia and Australia
Apart from the Warranty for defects in materials or workmanship as described in the general Warranty and Returns Policy, for the USA, Canada, Asia and Australia region, Freshfiber offers an additional warranty for cases that are broken within 3 months:
- If broken within one month, the case is fully replaced with a new one.
- If broken in the first 3 months, a new case can be replaced for 50% discount on the normal retail price.
For both circumstances, the original purchase receipt and the return of the broken case to the retailer is always required.
The benefits provided to the consumer by the warranty are in addition to other rights and remedies available to the consumer under the law.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
FRESHFIBER MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW. FRESHFIBER HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE."
Other – General
No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms shall be a waiver of any subsequent breach of that or any other term.
Circumstances beyond our reasonable control
Freshfiber will make every effort to perform its obligations under these terms. However, Freshfiber is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of Freshfiber – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfilment of the agreement, including in particular transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, Freshfiber will perform our obligations as soon as reasonably possible.
If all or any part of one or more of these terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these terms or the remaining parts of the relevant term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable.
If you have any questions or comments regarding the Site, please contact us by email at support (@) Freshfiber.com.
This website is the property of Freshfiber NV.
Contact details :
By accessing and using the website you express your explicit agreement with the following general terms and conditions. Freshfiber BV reserves the right to alter or delete material from the website at any time, and Freshfiber BV may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Freshfiber BV website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Freshfiber BV and other policies.
Use of "cookies"
Intellectual property rights
These websites www.Freshfiber.com, Freshfiber.com and their contents are protected by copyright and other intellectual property rights. You may print the texts for private use; they may only be distributed with Freshfiber BV’s consent. You may quote them (without any modification) provided that you always refer to the authentic source. You may reproduce a part of them provided that you always refer to the authentic source, except for commercial purposes, in which case reproduction, even with specification of the source, is not allowed without Freshfiber BV’s express consent.
All the trademarks used on the website are the property of their respective holders.
You are prohibited from altering, damaging or defacing the website or adding any unauthorized material or to attempt to alter, damage or deface the website or add any unauthorized material.
The information specified on this website is only intended for general information purposes.
Due to the changing nature of laws and regulations and the intrinsic risks of electronic communication, there may be delays, defects or other inconsistencies in the information provided on this website.
The information provided on this website may not be considered as legal or other professional advice. Accordingly no actions should be taken based on this information without prior expert advice.
Although Freshfiber BV aspires to the greatest precision possible in the compilation and maintenance of the information provided on this website, Freshfiber BV cannot guarantee that this information is exact, complete and correct. Freshfiber BV further assumes no liability or responsibility for any errors or omissions in the content of the website.
The use of the website is at your own risk. Neither Freshfiber BV nor any other party involved in creating, producing or delivering the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the website. This includes damages to, or arising out of viruses that may infect, your computer equipment or other property. Freshfiber BV makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free.
Without limiting the foregoing, everything on the website is provided to you "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
From our website, you can visit other websites by following hyperlinks to these sites. While Freshfiber BV strives to provide only links to useful and ethical websites, it has no control over the content and nature of these sites and the links to other websites does not imply a recommendation for all the content found on these websites. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Freshfiber BV therefore advises users to check these themselves and consult the privacy clause that is compulsory on every website.
Freshfiber BV reserves the right to alter or delete material from the website at any time, and Freshfiber BV may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Freshfiber BV’s website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Freshfiber BV and other policies.
|Registered address:||Burmanstraat 34-0
1091SK , Amsterdam
|Office address:||Korte Koningsstraat 24-A
1011GA , Amsterdam