Legal
General Terms & Conditions www.futurola.com
PLEASE READ THESE TERMS AND CONDITIONS carefully before using this website (‘the Site’). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety please leave the Site.
Ownership of content
The Site is owned and operated by Future Holding B.V.. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Future Holding B.V. and/or its group companies (hereinafter in this document ‘FUTUROLA’), its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with FUTUROLA, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of the relevant member of the FUTUROLA group of companies or its licensors unless otherwise expressly agreed.
Copyright and Trademarks
Copyright
The copyright in all Content is and remains owned by FUTUROLA. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of FUTUROLA. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by FUTUROLA. FUTUROLA does not transfer title of the Software to you. You own the medium on which the Software is recorded, but FUTUROLA retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Trademarks
All trademarks, service marks and trade names of FUTUROLA used herein (including but not limited to: the word mark "FUTUROLA", "the FUTUROLA logo") are trademarks or registered trademarks of FUTUROLA or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify FUTUROLA trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without FUTUROLA's prior written consent. The use of FUTUROLA trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of FUTUROLA.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by FUTUROLA. FUTUROLA does not transfer title to the Software to you. You own the medium on which the Software is recorded, but FUTUROLA retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED 'AS IS' AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
FUTUROLA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. FUTUROLA DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
FUTUROLA RESERVICES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
Limitation of liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER FUTUROLA, NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF FUTUROLA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Links to third parties
For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside FUTUROLA’ service and off the FUTUROLA Site and are beyond FUTUROLA’s control. This includes links to partners that may use FUTUROLA's logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although FUTUROLA seeks to protect the integrity of its Site, FUTUROLA is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
Misuse of the Site
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Participation Disclaimer
From time to time FUTUROLA makes it possible to view and distribute content generated by you, for instance through e-postings and sending postcards to others persons. If you make use of this you acknowledge that FUTUROLA only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users. FUTUROLA reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to FUTUROLA.
Miscellaneous
Unsolicited ideas
FUTUROLA maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") from persons external to FUTUROLA. You should therefore not post any Materials on the Site or send these to FUTUROLA by e-mail or otherwise.
How you can contact us
If you have any questions or comments about the Site or any of our services, please send an email to Info@futurola.com or write to us: Future Holding B.V., Gyroscoopweg 2M, 1042 AB Amsterdam, The Netherlands.
Changes to the terms
FUTUROLA reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the FUTUROLA Privacy Policy) will mean you accept those changes.
Purchases
When we make it possible to order products via the Site, please also read the terms and conditions that will apply to those purchases. You can find these terms and conditions on the page where you can place your order.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the Netherlands and the parties hereby submit to the non-exclusive jurisdiction of the Dutch Courts. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
TERMS AND CONDITIONS FUTUROLA WEBSHOP
Terms and Conditions www.futurola.com webshop
Scope of the Terms
These General Terms and Conditions exclusively apply to all business relations between a customer (hereinafter referred to as the “Customer“) and Future Holding B.V. (hereinafter referred to as “FUTUROLA“) relating to products offered by FUTUROLA and purchased by the Customer through the website as defined below. The laws of the Netherlands shall apply and the United Nations Convention on Contracts for the International Sale of Goods is excluded.
The applicability of conditions of the Customer, if any, is explicitly excluded. Provisions that deviate from these General Terms and Conditions can be invoked by the Customer only if and to the extent that these provisions are accepted by FUTUROLA in writing.
Conclusion of the Contract
Orders placed by the Customer via the website http://www.futurola.com (hereinafter referred to as the “Website”) for the products offered by FUTUROLA through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by e-mail by FUTUROLA to the Customer. The e-mail by means of which FUTUROLA confirms the receipt of the order to the Customer shall not qualify as confirmation of the order. The contract partner of the Customer is Future Holding B.V. Gyroscoopweg 2M, 1042 AB Amsterdam, The Netherlands, registered at the Chamber of Commerce of Amsterdam under # 33246530.
FUTUROLA shall be free to engage the services of third parties for the performance of its obligations under a sales contract. FUTUROLA decides at its sole discretion whether or not to accept any order. Should FUTUROLA not show any reaction with 10 business days after the order has been placed, then the order is deemed to have been rejected. All information provided by FUTUROLA, whether through electronic intermittence or by telephone, shall be as accurate as reasonably possible. However, FUTUROLA shall not be liable for any error. More specifically, delivery data shall be indicative only and the images of products offered on the Website are for illustration purposes only and FUTUROLA shall not be bound thereby in any way whatsoever. FUTUROLA reserves the right to deliver products that are equal in quality, price and/or function instead of the products ordered by the Customer.
Price and costs
The price of a product as shown on the Website (hereinafter referred to as the “Purchase Price”) is inclusive of applicable taxes but exclusive of shipping costs. FUTUROLA reserves the right to change the Purchase Price of any of the products offered at any time. Costs which may arise due to customs duties or customs clearance are borne by the Customer.
Power to dissolve, filing of complaints
The Customer has a right to dissolve the sales contract as per the terms set forth below. The Customer is not obliged to include the reason for dissolving the sales contract. The dissolution shall be made in writing or by return of the products within fourteen (14) days of receipt of the products by the Customer to FUTUROLA. The Customer bears the direct costs and risks of the returned products. A right of dissolution does not exist with regard to products made according to the Customer’s specifications, which are personalized or which are not suitable for return due to their nature and/or constitution. If the Customer exercises his/her right of dissolution, (s)he is obliged to return the products as soon as reasonably possible but at least within fourteen (14) days of the dissolution. FUTUROLA has the right to set off any depreciation of products returned in case of (mis)use of the products. This is not applicable if the depreciation is the sole result of the examination of the products. The return of the products shall, as much as possible, include the original packaging, and shall be done to the address:
Future Holding B.V.
Attn. Sales Department
Gyroscoopweg 2M
1042 AB Amsterdam
The Netherlands.
In case of an effective return, payments already received are to be refunded. In case a Customer wishes to file a written complaint regarding any part of concluding or executing a sales contract following an order made by Customer via the Website, Customer is entitled to do so at the following address:
Future Holding B.V.
Attn. Customer Service
Gyroscoopweg 2M
1042 AB Amsterdam
The Netherlands.
In case a Customer wishes to file a verbal complaint regarding any part of concluding or executing a sales contract following an order made by Customer via the Website, Customer is entitled to do so at the following telephone number: +31 (0)20 68 11 319.
Delivery Time
Delivery is made to the address stipulated by the Customer. FUTUROLA reserves the right to deliver products ordered partially.
Methods of Payment
Payment can be effected by the following credit cards: American Express, MasterCard and VISA as well as by means of iDEAL or PayPal. Products shall only be dispatched to the Customer after full payment has been received by FUTUROLA. If the Customer does not pay any amount s/he owes pursuant to the foregoing, s/he is in default without notice. As soon as the Customer is in default on any payment, all FUTUROLA' remaining claims on the Customer are due, and the Customer is immediately in default without notice with respect to those claims. As from the day on which the Customer is in default, s/he owes to FUTUROLA a late interest of 1.5% per month or part of a month during which the default continues.
Reservation of Title
All products delivered by FUTUROLA remain the property of FUTUROLA until such time as the Customer has paid in full all amounts owed to FUTUROLA in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.
Jurisdiction
All disputes existing or arising between parties shall be heard exclusively by the competent court of the Netherlands, unless the law provides for a mandatory other forum.
Maintenance of products
The washing and maintenance instructions indicated on the tags of the products are pointed out to the Customer. FUTUROLA does not bear costs or compensate any damage occurring to products due to improper handling.
The Duty to Inform in Accordance with the Battery Directive
Some products sold by FUTUROLA contain batteries. Batteries may not be disposed of in domestic waste. The Customer is obliged by law to dispose safely of all batteries. Batteries can be returned, for instance, to public collecting points or to places where batteries are sold.
Liability
FUTUROLA is never obliged to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of FUTUROLA or its own employees. FUTUROLA’ liability for loss of profits, consequential or indirect damages is, however, at all times excluded, except in the case of intention on the part of FUTUROLA itself. In all cases in which FUTUROLA is obliged to pay compensation for damages, this will never be higher than, at its option, either the invoice value of the product delivered to which or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of FUTUROLA, the amount that is actually paid out by the insurer with respect thereto. Any claim towards FUTUROLA, except those recognized by FUTUROLA, lapses after a period of six (6) months from the time the claim arose.
Force majeure
FUTUROLA is entitled to invoke force majeure if the implementation of the agreement is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout, delay in the provision to FUTUROLA of parts, goods or services ordered from third parties other than by circumstances to be imputed to FUTUROLA, accidents and interruptions of business operations. In the case of force majeure on the part of FUTUROLA, its obligations are suspended. If the force majeure lasts longer than three months, FUTUROLA and the Customer are both authorized to rescind the non-feasible parts of the agreement by a written declaration.
Intellectual Property
The Customer acknowledges that FUTUROLA is and remains the sole and exclusive owner of all trade names, brand names, domain names, patents, copyrights, database rights, registered and unregistered designs and other proprietary trademarks of FUTUROLA. The Customer will in no event be granted FUTUROLA’s proprietary rights. In particular, the Customer shall not register or use FUTUROLA’ proprietary rights in any manner whatsoever.
PRIVACY POLICY FUTUROLA
Privacy Policy
FUTURE HOLDING B.V. and/or its group companies (hereinafter in this document ‘FUTUROLA’, “we” and “us”), its licensors and/or its content providers respect the privacy of the visitors to the FUTUROLA.com website and the local websites connected with it, and take great care to protect your information. This privacy policy tells you what information we collect from you, how we may use it and the steps we take to ensure that it is protected.
What kind of information do we collect?
There are cases where FUTUROLA may ask you for personal information, such as your name, address, date of birth, gender, email address, etc. We do this for instance when you register for contests/promotions, respond to communication such as e-mail, and for services that require registration or subscription. If you would like to be on our mailing list, we will ask you to actively opt-in. We might also collect personal information from you about a third party, for instance if the website allows you to sent an e-postcard, in which case we need to know the name and e-mail address of the recipient. That information will only be used for the specific purpose (delivering the e-postcard) and FUTUROLA will not further contact the third party unless the third party contacts us.
We use 'cookies' to gather information about your visits to our website and enhance your experience. You can find more information on how we use cookies in the section. When you visit our website we collect so called ‘click stream’ data (server address, domain name etc). This information can be combined with information you have provided to us (for instance by registering), which will enable us to analyze and better customize your visits
Use of Visitors’ Information
All personal information that we obtain about you will be recorded, used and protected by us in accordance with current data protection legislation and this privacy policy. We will primarily use your personal information to provide products and services to you and, for example: To send you information/materials via e-mail or text-messages about products, offers and news we think could interest you. This information may relate to products, offers and news of FUTUROLA and/or its licensees or carefully selected commercial partners. We only send you this if you have opted-in to receive FUTUROLA e-mails and/or text messages. In case you do not want to receive any e-mails and/or text messages from us anymore, or if you want to modify your personal data or want your personal data to be deleted from our database, we refer you to the 'Opt-out, delete or modify personal information' section below To analyze visits to the website and learn about the interests of our visitors in aggregate and also on personal level to better understand your interest and need, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
Who manages Visitors’ Information
The global and local websites of FUTUROLA and the information collected, are managed and controlled by FUTUROLA (Gyroscoopweg 2M, 1042 AB Amsterdam, The Netherlands.). The servers that make the global and local websites of FUTUROLA available are located in the Netherlands. If you are located outside the Netherlands, please note that the information you provide will be transferred to the Netherlands and by submitting the information you authorize this transfer. FUTUROLA has entered into an agreement with the hosting company in the Netherlands to provide sufficient safeguards for the protection of your data. Personal information will be handled in accordance with current data protection legislation and this Privacy Policy.
Protection of visitors’ information
In order to protect the information you provide to us by visiting our website we have implemented various security measures. Your personal information is contained behind secured networks and is only accessible by a limited number of people, who have special access rights and are required to keep the information confidential. Please keep in mind though that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While FUTUROLA strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
Childrens’ privacy
FUTUROLA encourages parents and guardians to spend time online with their children and to participate in the activities offered with the multitude of sites the World Wide Web (WWW) offers. When a child tries to submit his/her registration he/she will be asked to submit the same kind of information as indicated in the above section ‘Information we collect from visitors’. Furthermore the information provided by the child and gathered (for instance through the use of cookies) during his/her visit may be used as indicated in the said above section. FUTUROLA is committed to protect the privacy of children and has no intention of collecting personal data from children under the age of 18. If you are a child under the age of 18 and you try to submit your registration, the registration will be rejected and we will inform you that we do not accept registrations from children under 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.
Third Parties
Disclosing personal information to third parties
Other than to the companies belonging to the FUTUROLA Group for the purposes set out above, and except as described below we do not sell, trade or otherwise transfer your personal information to third parties without informing you in advance and in accordance with applicable data protection law. All members of the FUTUROLA Group value the privacy and protection of your personal information and have similar privacy policies in place. Your data may be transferred to web site hosting partners and other parties who assist us in designing and operating the website, executing services (for instance prize fulfillment) or help us analyze collected data. These parties will only use your data for the purpose of carrying out the work as indicated and will be required to keep the information confidential. We will also release personal data if such is required by law.
Links to Third Parties
For your convenience and to improve the usage of the website we insert links to third parties, for which this privacy policy does not apply. These links take you outside our service and off the FUTUROLA site and are beyond our control. This includes links from partners that may use FUTUROLA' logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although we seek to protect the integrity of our site, FUTUROLA is not responsible and cannot be held liable for the content and activities of these sites. Your visit/access to these sites is therefore entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information.
Use of cookies
A cookie is a small string of information that the website that you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used to remember for instance your user name and password. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (like internet explorer). There are also software products available that can manage cookies for you. Please be aware though that when you have set your computer to reject cookies, it can limit the functionality of the website you visit and it’s possible then that you do not have access to some of the features on the website.
Opt-out, delete or modify personal information
You may cancel your registration at any time, and you can choose to opt-out of receiving any e-mails and/or text messages from FUTUROLA. Additionally you can choose to have all your personal information deleted from our database. If you want to opt-out, delete or modify your personal information, please visit the registration page. We encourage you promptly to update your personal information if it changes.
Changes to the policy and how to contact us
Changes to the policy
We may from time to time need to amend this policy, due to changes in regulations and to keep up with new developments and possibilities on the internet. We therefore reserve the right at our discretion to make these changes and ask you to check this page periodically, as you are bound by these changes when visiting our website. The local FUTUROLA websites, accessible through the FUTUROLA.com site have similar privacy policies in place, but there could be some differences due to local regulations. We therefore encourage you to read the privacy policy of each FUTUROLA site you visit.
How you can contact us
If you have any questions or comments relating to our website and/or the privacy policy, please send an email to Info@futurola.com or write to us: Future Holding B.V., 8 Gyroscoopweg 2M
1042 AB Amsterdam, The Netherlands.
Your consent
By using the FUTUROLA websites you signify that you agree to the terms of this Privacy Policy as well as to our Terms and Conditions. If you do not agree with the terms of our Privacy Policy and our Terms and Conditions please do not provide us with personal information and leave this website.
Online policy
The Privacy Policy does not extend to anything that is inherent in the operation of the internet, and therefore beyond FUTUROLA' control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through our website and not to information collected offline.
PLEASE READ THESE TERMS AND CONDITIONS carefully before using this website (‘the Site’). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety please leave the Site.
Ownership of content
The Site is owned and operated by Future Holding B.V.. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Future Holding B.V. and/or its group companies (hereinafter in this document ‘FUTUROLA’), its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with FUTUROLA, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of the relevant member of the FUTUROLA group of companies or its licensors unless otherwise expressly agreed.
Copyright and Trademarks
Copyright
The copyright in all Content is and remains owned by FUTUROLA. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of FUTUROLA. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by FUTUROLA. FUTUROLA does not transfer title of the Software to you. You own the medium on which the Software is recorded, but FUTUROLA retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Trademarks
All trademarks, service marks and trade names of FUTUROLA used herein (including but not limited to: the word mark "FUTUROLA", "the FUTUROLA logo") are trademarks or registered trademarks of FUTUROLA or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify FUTUROLA trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without FUTUROLA's prior written consent. The use of FUTUROLA trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of FUTUROLA.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by FUTUROLA. FUTUROLA does not transfer title to the Software to you. You own the medium on which the Software is recorded, but FUTUROLA retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED 'AS IS' AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
FUTUROLA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. FUTUROLA DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
FUTUROLA RESERVICES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
Limitation of liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER FUTUROLA, NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF FUTUROLA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Links to third parties
For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside FUTUROLA’ service and off the FUTUROLA Site and are beyond FUTUROLA’s control. This includes links to partners that may use FUTUROLA's logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although FUTUROLA seeks to protect the integrity of its Site, FUTUROLA is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
Misuse of the Site
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Participation Disclaimer
From time to time FUTUROLA makes it possible to view and distribute content generated by you, for instance through e-postings and sending postcards to others persons. If you make use of this you acknowledge that FUTUROLA only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users. FUTUROLA reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to FUTUROLA.
Miscellaneous
Unsolicited ideas
FUTUROLA maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") from persons external to FUTUROLA. You should therefore not post any Materials on the Site or send these to FUTUROLA by e-mail or otherwise.
How you can contact us
If you have any questions or comments about the Site or any of our services, please send an email to Info@futurola.com or write to us: Future Holding B.V., Gyroscoopweg 2M, 1042 AB Amsterdam, The Netherlands.
Changes to the terms
FUTUROLA reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the FUTUROLA Privacy Policy) will mean you accept those changes.
Purchases
When we make it possible to order products via the Site, please also read the terms and conditions that will apply to those purchases. You can find these terms and conditions on the page where you can place your order.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the Netherlands and the parties hereby submit to the non-exclusive jurisdiction of the Dutch Courts. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
TERMS AND CONDITIONS FUTUROLA WEBSHOP
Terms and Conditions www.futurola.com webshop
Scope of the Terms
These General Terms and Conditions exclusively apply to all business relations between a customer (hereinafter referred to as the “Customer“) and Future Holding B.V. (hereinafter referred to as “FUTUROLA“) relating to products offered by FUTUROLA and purchased by the Customer through the website as defined below. The laws of the Netherlands shall apply and the United Nations Convention on Contracts for the International Sale of Goods is excluded.
The applicability of conditions of the Customer, if any, is explicitly excluded. Provisions that deviate from these General Terms and Conditions can be invoked by the Customer only if and to the extent that these provisions are accepted by FUTUROLA in writing.
Conclusion of the Contract
Orders placed by the Customer via the website http://www.futurola.com (hereinafter referred to as the “Website”) for the products offered by FUTUROLA through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by e-mail by FUTUROLA to the Customer. The e-mail by means of which FUTUROLA confirms the receipt of the order to the Customer shall not qualify as confirmation of the order. The contract partner of the Customer is Future Holding B.V. Gyroscoopweg 2M, 1042 AB Amsterdam, The Netherlands, registered at the Chamber of Commerce of Amsterdam under # 33246530.
FUTUROLA shall be free to engage the services of third parties for the performance of its obligations under a sales contract. FUTUROLA decides at its sole discretion whether or not to accept any order. Should FUTUROLA not show any reaction with 10 business days after the order has been placed, then the order is deemed to have been rejected. All information provided by FUTUROLA, whether through electronic intermittence or by telephone, shall be as accurate as reasonably possible. However, FUTUROLA shall not be liable for any error. More specifically, delivery data shall be indicative only and the images of products offered on the Website are for illustration purposes only and FUTUROLA shall not be bound thereby in any way whatsoever. FUTUROLA reserves the right to deliver products that are equal in quality, price and/or function instead of the products ordered by the Customer.
Price and costs
The price of a product as shown on the Website (hereinafter referred to as the “Purchase Price”) is inclusive of applicable taxes but exclusive of shipping costs. FUTUROLA reserves the right to change the Purchase Price of any of the products offered at any time. Costs which may arise due to customs duties or customs clearance are borne by the Customer.
Power to dissolve, filing of complaints
The Customer has a right to dissolve the sales contract as per the terms set forth below. The Customer is not obliged to include the reason for dissolving the sales contract. The dissolution shall be made in writing or by return of the products within fourteen (14) days of receipt of the products by the Customer to FUTUROLA. The Customer bears the direct costs and risks of the returned products. A right of dissolution does not exist with regard to products made according to the Customer’s specifications, which are personalized or which are not suitable for return due to their nature and/or constitution. If the Customer exercises his/her right of dissolution, (s)he is obliged to return the products as soon as reasonably possible but at least within fourteen (14) days of the dissolution. FUTUROLA has the right to set off any depreciation of products returned in case of (mis)use of the products. This is not applicable if the depreciation is the sole result of the examination of the products. The return of the products shall, as much as possible, include the original packaging, and shall be done to the address:
Future Holding B.V.
Attn. Sales Department
Gyroscoopweg 2M
1042 AB Amsterdam
The Netherlands.
In case of an effective return, payments already received are to be refunded. In case a Customer wishes to file a written complaint regarding any part of concluding or executing a sales contract following an order made by Customer via the Website, Customer is entitled to do so at the following address:
Future Holding B.V.
Attn. Customer Service
Gyroscoopweg 2M
1042 AB Amsterdam
The Netherlands.
In case a Customer wishes to file a verbal complaint regarding any part of concluding or executing a sales contract following an order made by Customer via the Website, Customer is entitled to do so at the following telephone number: +31 (0)20 68 11 319.
Delivery Time
Delivery is made to the address stipulated by the Customer. FUTUROLA reserves the right to deliver products ordered partially.
Methods of Payment
Payment can be effected by the following credit cards: American Express, MasterCard and VISA as well as by means of iDEAL or PayPal. Products shall only be dispatched to the Customer after full payment has been received by FUTUROLA. If the Customer does not pay any amount s/he owes pursuant to the foregoing, s/he is in default without notice. As soon as the Customer is in default on any payment, all FUTUROLA' remaining claims on the Customer are due, and the Customer is immediately in default without notice with respect to those claims. As from the day on which the Customer is in default, s/he owes to FUTUROLA a late interest of 1.5% per month or part of a month during which the default continues.
Reservation of Title
All products delivered by FUTUROLA remain the property of FUTUROLA until such time as the Customer has paid in full all amounts owed to FUTUROLA in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.
Jurisdiction
All disputes existing or arising between parties shall be heard exclusively by the competent court of the Netherlands, unless the law provides for a mandatory other forum.
Maintenance of products
The washing and maintenance instructions indicated on the tags of the products are pointed out to the Customer. FUTUROLA does not bear costs or compensate any damage occurring to products due to improper handling.
The Duty to Inform in Accordance with the Battery Directive
Some products sold by FUTUROLA contain batteries. Batteries may not be disposed of in domestic waste. The Customer is obliged by law to dispose safely of all batteries. Batteries can be returned, for instance, to public collecting points or to places where batteries are sold.
Liability
FUTUROLA is never obliged to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of FUTUROLA or its own employees. FUTUROLA’ liability for loss of profits, consequential or indirect damages is, however, at all times excluded, except in the case of intention on the part of FUTUROLA itself. In all cases in which FUTUROLA is obliged to pay compensation for damages, this will never be higher than, at its option, either the invoice value of the product delivered to which or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of FUTUROLA, the amount that is actually paid out by the insurer with respect thereto. Any claim towards FUTUROLA, except those recognized by FUTUROLA, lapses after a period of six (6) months from the time the claim arose.
Force majeure
FUTUROLA is entitled to invoke force majeure if the implementation of the agreement is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout, delay in the provision to FUTUROLA of parts, goods or services ordered from third parties other than by circumstances to be imputed to FUTUROLA, accidents and interruptions of business operations. In the case of force majeure on the part of FUTUROLA, its obligations are suspended. If the force majeure lasts longer than three months, FUTUROLA and the Customer are both authorized to rescind the non-feasible parts of the agreement by a written declaration.
Intellectual Property
The Customer acknowledges that FUTUROLA is and remains the sole and exclusive owner of all trade names, brand names, domain names, patents, copyrights, database rights, registered and unregistered designs and other proprietary trademarks of FUTUROLA. The Customer will in no event be granted FUTUROLA’s proprietary rights. In particular, the Customer shall not register or use FUTUROLA’ proprietary rights in any manner whatsoever.
PRIVACY POLICY FUTUROLA
Privacy Policy
FUTURE HOLDING B.V. and/or its group companies (hereinafter in this document ‘FUTUROLA’, “we” and “us”), its licensors and/or its content providers respect the privacy of the visitors to the FUTUROLA.com website and the local websites connected with it, and take great care to protect your information. This privacy policy tells you what information we collect from you, how we may use it and the steps we take to ensure that it is protected.
What kind of information do we collect?
There are cases where FUTUROLA may ask you for personal information, such as your name, address, date of birth, gender, email address, etc. We do this for instance when you register for contests/promotions, respond to communication such as e-mail, and for services that require registration or subscription. If you would like to be on our mailing list, we will ask you to actively opt-in. We might also collect personal information from you about a third party, for instance if the website allows you to sent an e-postcard, in which case we need to know the name and e-mail address of the recipient. That information will only be used for the specific purpose (delivering the e-postcard) and FUTUROLA will not further contact the third party unless the third party contacts us.
We use 'cookies' to gather information about your visits to our website and enhance your experience. You can find more information on how we use cookies in the section. When you visit our website we collect so called ‘click stream’ data (server address, domain name etc). This information can be combined with information you have provided to us (for instance by registering), which will enable us to analyze and better customize your visits
Use of Visitors’ Information
All personal information that we obtain about you will be recorded, used and protected by us in accordance with current data protection legislation and this privacy policy. We will primarily use your personal information to provide products and services to you and, for example: To send you information/materials via e-mail or text-messages about products, offers and news we think could interest you. This information may relate to products, offers and news of FUTUROLA and/or its licensees or carefully selected commercial partners. We only send you this if you have opted-in to receive FUTUROLA e-mails and/or text messages. In case you do not want to receive any e-mails and/or text messages from us anymore, or if you want to modify your personal data or want your personal data to be deleted from our database, we refer you to the 'Opt-out, delete or modify personal information' section below To analyze visits to the website and learn about the interests of our visitors in aggregate and also on personal level to better understand your interest and need, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
Who manages Visitors’ Information
The global and local websites of FUTUROLA and the information collected, are managed and controlled by FUTUROLA (Gyroscoopweg 2M, 1042 AB Amsterdam, The Netherlands.). The servers that make the global and local websites of FUTUROLA available are located in the Netherlands. If you are located outside the Netherlands, please note that the information you provide will be transferred to the Netherlands and by submitting the information you authorize this transfer. FUTUROLA has entered into an agreement with the hosting company in the Netherlands to provide sufficient safeguards for the protection of your data. Personal information will be handled in accordance with current data protection legislation and this Privacy Policy.
Protection of visitors’ information
In order to protect the information you provide to us by visiting our website we have implemented various security measures. Your personal information is contained behind secured networks and is only accessible by a limited number of people, who have special access rights and are required to keep the information confidential. Please keep in mind though that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While FUTUROLA strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
Childrens’ privacy
FUTUROLA encourages parents and guardians to spend time online with their children and to participate in the activities offered with the multitude of sites the World Wide Web (WWW) offers. When a child tries to submit his/her registration he/she will be asked to submit the same kind of information as indicated in the above section ‘Information we collect from visitors’. Furthermore the information provided by the child and gathered (for instance through the use of cookies) during his/her visit may be used as indicated in the said above section. FUTUROLA is committed to protect the privacy of children and has no intention of collecting personal data from children under the age of 18. If you are a child under the age of 18 and you try to submit your registration, the registration will be rejected and we will inform you that we do not accept registrations from children under 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.
Third Parties
Disclosing personal information to third parties
Other than to the companies belonging to the FUTUROLA Group for the purposes set out above, and except as described below we do not sell, trade or otherwise transfer your personal information to third parties without informing you in advance and in accordance with applicable data protection law. All members of the FUTUROLA Group value the privacy and protection of your personal information and have similar privacy policies in place. Your data may be transferred to web site hosting partners and other parties who assist us in designing and operating the website, executing services (for instance prize fulfillment) or help us analyze collected data. These parties will only use your data for the purpose of carrying out the work as indicated and will be required to keep the information confidential. We will also release personal data if such is required by law.
Links to Third Parties
For your convenience and to improve the usage of the website we insert links to third parties, for which this privacy policy does not apply. These links take you outside our service and off the FUTUROLA site and are beyond our control. This includes links from partners that may use FUTUROLA' logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although we seek to protect the integrity of our site, FUTUROLA is not responsible and cannot be held liable for the content and activities of these sites. Your visit/access to these sites is therefore entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information.
Use of cookies
A cookie is a small string of information that the website that you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used to remember for instance your user name and password. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (like internet explorer). There are also software products available that can manage cookies for you. Please be aware though that when you have set your computer to reject cookies, it can limit the functionality of the website you visit and it’s possible then that you do not have access to some of the features on the website.
Opt-out, delete or modify personal information
You may cancel your registration at any time, and you can choose to opt-out of receiving any e-mails and/or text messages from FUTUROLA. Additionally you can choose to have all your personal information deleted from our database. If you want to opt-out, delete or modify your personal information, please visit the registration page. We encourage you promptly to update your personal information if it changes.
Changes to the policy and how to contact us
Changes to the policy
We may from time to time need to amend this policy, due to changes in regulations and to keep up with new developments and possibilities on the internet. We therefore reserve the right at our discretion to make these changes and ask you to check this page periodically, as you are bound by these changes when visiting our website. The local FUTUROLA websites, accessible through the FUTUROLA.com site have similar privacy policies in place, but there could be some differences due to local regulations. We therefore encourage you to read the privacy policy of each FUTUROLA site you visit.
How you can contact us
If you have any questions or comments relating to our website and/or the privacy policy, please send an email to Info@futurola.com or write to us: Future Holding B.V., 8 Gyroscoopweg 2M
1042 AB Amsterdam, The Netherlands.
Your consent
By using the FUTUROLA websites you signify that you agree to the terms of this Privacy Policy as well as to our Terms and Conditions. If you do not agree with the terms of our Privacy Policy and our Terms and Conditions please do not provide us with personal information and leave this website.
Online policy
The Privacy Policy does not extend to anything that is inherent in the operation of the internet, and therefore beyond FUTUROLA' control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through our website and not to information collected offline.