General terms and conditions

OVERVIEW
Welcome to Francisbyfb! The terms “we”, “us” and “our” refer to Francisbyfb. Francisbyfb operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Francisbyfb is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, including any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the country in which you reside, and that you have given us your consent to allow any of your minor family members to use the Services on devices that you own, purchase or manage.
In order to use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate possible description of our products and services in our online stores. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This depends on the type of device you use to access the store and on the device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to how they are displayed or described in our online store.
All product descriptions may be changed at any time, without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit, on a case-by-case basis, the quantities of products we offer per person, geographic region or jurisdiction.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Francisbyfb reserves the right to accept or decline your order at its sole discretion for any reason whatsoever. Your order is only accepted once Francisbyfb has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before you submit it. Francisbyfb may be unable to honor a cancellation request once your order has been accepted. If we do not accept, modify or cancel an order, we will try to notify you by contacting you via the email address, billing address and/or phone number you provided during the ordering process.
You may only return or exchange purchases in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service is the price in effect at the time you place the order. This price will be stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, the prices shown exclude taxes, shipping costs, handling fees, customs duties and import duties.
Prices displayed in our online stores may differ from prices in physical stores or in online stores or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of any discrepancy between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and credit card expiration dates, when they change, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are authorized to use the credit card for purchases; (iii) the charges you incur will be honored by your credit card company; and (iv) you will pay the charges you incur at the prices displayed, including shipping costs, handling fees and all applicable taxes, where applicable.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All delivery times provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. Once we have handed the products over to the carrier, title and risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Francisbyfb, its affiliates or licensors, and are protected by patent, copyright and intellectual property laws in the Netherlands and other countries.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you a license or any other rights under any patent, trademark, copyright or other intellectual property of Francisbyfb, Shopify or any third party. Unauthorized use of the Services may constitute a violation of national and international intellectual property laws. All rights not expressly granted in these Terms are reserved by Francisbyfb.
The names, logos, product names, service names, design elements and slogans of Francisbyfb are trademarks of Francisbyfb or its affiliates or licensors. You may not use such trademarks without Francisbyfb’s prior written consent. Shopify’s name, logo, product names, service names, design elements and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control or influence over them.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever for any damage arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third party or third parties.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your visit to third-party websites, or to your purchase or use of any products, services, resources or content on third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

Francisbyfb uses Shopify so that we can provide the Services to you. However, all sales and purchases you make in our store are handled directly with Francisbyfb. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Francisbyfb, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise from or relate to your purchases from and transactions with Francisbyfb.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services is transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than the one in which you reside, so that they can provide services to you. Please read our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services, and to perform our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of third parties, including copyrights, trademarks, privacy rights, rights of publicity and other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene statements, nor any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information may be provided on or in relation to the Services that contains typographical errors, inaccuracies or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders if any relevant information is inaccurate, at any time and without prior notice (including after you have placed an order).

ARTICLE 13 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not, either directly or indirectly, access or use the Services (a) for any unlawful or harmful activity; (b) to violate any international, national, federal or provincial laws, regulations, rules or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam and any other similar methods; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other activity that restricts or inhibits anyone’s use of the Services or that, as determined by us, may harm Francisbyfb, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following articles survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Francisbyfb, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL Francisbyfb, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Francisbyfb, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all costs relating to any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any claim that is subject to indemnification, provided that any failure to give timely notice will not relieve you of your obligations, unless you are materially prejudiced as a result. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of any claim subject to indemnification, including by providing relevant documents.

ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision in connection with these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms to others without our prior written consent. Any attempt to do so will be deemed void. We may transfer, assign or delegate these Terms and our rights and obligations to others without your consent or notice to you.

ARTICLE 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with our Services are governed by Dutch law. Disputes will be submitted to the competent court in the Netherlands. If you are a consumer living in another country, you keep the protection offered to you by the mandatory provisions of the law of that country.

ARTICLE 22 - HEADINGS
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms in any way.

ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
You can review the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service. We will post updates and changes on our website. It is your own responsibility to check our website regularly for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. If you continue to access or use the Services after changes to these Terms of Service have been made, this means that you accept those changes.

ARTICLE 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customerservice@francisbyfb.com
You can find our contact details below:
Francisbyfb

Email address: customerservice@francisbyfb.com

Chamber of Commerce (KvK) number: 90356594

Chamber of Commerce (KvK) details:

Freark Damwei 36

8914 BM

Leeuwarden

VAT identification number: NL865288379B01