Terms And Conditions
1. This website is owned and operated by Excite Foundry, 85 Great Portland Street, W1W 7LT, London, UK. Excite Foundry is the supplier of the goods featured on this website. The use of this website is governed by the policies, terms and conditions (the “terms”) set forth below. You should only access and use this website once you have read, accepted, and agreed to comply with the terms. Your use of this website including for the purposes of placing an order, registering an account or signing up to receive our emails is deemed to be your acceptance of the terms. If you do not agree with any of the terms, DO NOT access or use this website.
2. You can create an account on our website to make purchases from this website. You can also make purchases without registering. Details for subscriptions are as follows: The Subscription Agreement (called "Subscription") for a recurring delivery will be concluded for three (3) or six (6) months for a number of three (3) deliveries. Both parties can cancel the subscription by giving notice (e-mail sufficient) at least 14 days before the end of the subscription period.
The right to terminate for good cause remains unaffected. If no notice is given or if a notice of termination is not given in due time, the subscription will be extended for a further month with a cancelation period of 14 days before the end of the subscription period.
The termination notice requires at least the text form to be effective. The cancellation of the customer can be made in the customer account, or by e-mail: firstname.lastname@example.org
By placing a Subscription order, you authorize Excite Foundry to automatically place and ship an order for your selected subscription item(s), on a scheduled date each month.
Your Subscribe and Save order's final total may vary due to changes in price, tax rates, Customs, duties fees, and/or shipping costs. Your order total will include: Sales tax, if applicable, will be applied to each Subscribe and Save order.
Shipping cost will be applied based on the shipping method you selected on your initial Subscribe and Save order, e.g.: if you selected Express Mail shipping on your original order, this shipping method will be used for all subsequent Subscribe and Save orders. Your actual shipping cost will be the current rate, for your shipping method.
3. By agreeing to these Terms of Service, you represent that you are at least 18 years old. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
5. The product descriptions in the our online shop do not constitute binding offers on the part of us, but merely serve the purpose of submitting a binding offer by you (the customer).
6. You may submit the offer by the online order form integrated into our online shop. In doing so, after having entered your personal data and by clicking the button purchase the order process, you submit a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
7. We may accept your offer within seven days - by transferring a written order confirmation or an order conformation in written form (e-mail); insofar receipt of order confirmation by you is decisive, or - by delivering ordered goods to you; insofar receipt of goods by you is decisive, or - by requesting you to pay after you placed your order. Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should we not accept your offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that you are no longer bound by your statement of intent.
The period for acceptance of the offer shall start on the day after you have sent the offer and ends on expiry of the seventh day following the sending of the offer.
8. The contract's content will be stored by us and will be sent to you in writing including these Terms and Service and your information (for example via e-mail or letter) after you have submitted your order. In addition, the contract's content will be stored on our website and can be found by you in the customer login via the password-protected customer account, provided you have created a customer account in the online shop prior to submitting the order.
You can correct all the data entered via the usual keyboard and mouse function prior to submitting your binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
9. The contractual language is in English.
10. Order processing and contacting usually takes place via e-mail and automated order processing. It is your responsibility to ensure that the e-mail address you provide for the order processing is accurate so that e- mails sent by us can be received at this address. Particularly, it is your responsibility, if SPAM filters are used, to ensure that all e-mails sent by us or by third parties commissioned by us with the order processing can be delivered.
11. For subscriptions and savings view the terms and conditions under clause 2 of these terms and conditions.
13. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
14. We make no warranty or representations about the accuracy, reliability, completeness or timeliness of the content on this website. The content of this website may contain inaccuracies or typographical errors. We have no liability for any errors or omissions and your use of this website and the content is at your own risk.
15. The terms of this website are legally binding. We reserve the right to make changes to this website and its terms at any time. You will be bound by the amended terms from the time that we post the updated terms on this website. You should visit this page before each access or use of this website and periodically to review the terms.
16. We are not liable for any losses or damages caused by this website or any website linked to or from this website. All statutory or implied terms, conditions or warranties concerning the quality or condition of this website, or any goods, information, service, material, advice or recommendation supplied by us to you through this website, are excluded to the fullest extent permitted by law. If we breach any term, condition or warranty which cannot lawfully be excluded at law, our liability for a breach of the applicable term, condition or warranty is Excite Foundry to either, at our election: (a) the resupply of the goods you have purchased through this website on the purchase order in respect of which the claim arises; or (b) payment of the amount you paid us for those goods. We will not be under any liability to you or any other person for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage (including indirect or consequential loss or damage,) however caused (including due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these terms. We do not warrant that any of the functions contained in this website or your access to this website will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.
17. You indemnify Excite Foundry and hold it harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these terms, your access and/or use of this website or reliance on its contents or information received through it by you or any person accessing any content through you.
18. We will from time to time publish links to third party websites on this website. Content, hyperlinks or information held on those other sites are not under our control. We do not endorse any material on any linked sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose, or any other aspect of the material on any linked sites. We do not warrant that the material on any linked sites does not infringe intellectual property rights of any other person. Any dealings you have with a linked site are at your own risk. We accept no liability for any act, omission or default, whether negligent or otherwise, or any loss or damage occasioned by such negligent act or omission, of any service provider or third party in respect to a linked site.
19. The content of this website including all information, text, graphics, names, logos, trademarks, brands, designs, software and advertisements ("content") are the property of Excite Foundry or an alternative owner and are protected by copyright, trademark and other intellectual property rights, unless expressly indicated otherwise on this website. You may access and display these pages on a computer or a monitor, and print out for your personal, non-commercial use any page or part of any page of this website. All other use, copying or reproduction (including reproduction or display on any other website) of any part of this website is prohibited unless expressly stated otherwise and rights not expressly granted herein are reserved. You must not use this website in any manner or for any purpose which is unlawful, or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in this website should be construed as a licence or right of use of any trademark or copyrighted material displayed on the website without the express written permission of the owner of the trademark or copyright.
20. Our refund policy lasts 14 days. If 14 days have gone by since your receipt of the product, unfortunately we cannot offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging and the seal on top of the boxes cannot be broken or opened. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. All types of goods not bought on our website are exempt from being returned.
To complete your return, send an email with a clearly stated refund request to email@example.com. Once we receive your refund request, we give clear instructions how to send the goods back.
21. All orders are dispatched on the same day if ordered before 12 noon CET. Orders placed over the weekend are dispatched on Mondays.
Shipping costs and partners can be found here.
CUSTOMS CLEARANCE: Please be aware that delays may be imposed by your country’s customs clearance. Any fees charged by your customs are the sole responsibility of the buyer.
22. DELAYED OR LOST ORDERS: A parcel is considered lost after it has been in the postal system for a period of 21 working days for international orders. Although orders normally take much less than that we are unable to dispatch a replacement until this period of time has elapsed. We cannot be held responsible for any direct or indirect loss or damage incurred by a customer due to delayed or lack of delivery of goods regardless of the method of delivery.
If you’re not in: If you are not present at the time of delivery, a delivery note will be left asking you to contact the courier directly in order to arrange re-delivery at a convenient time or pick it up in person from the specified location. You will then have 21 days until the parcel is returned back to us as undeliverable. We do not resend packages that are returned to us as undeliverable. We will refund you for the value of the products ordered but not for the delivery charge.
23. WRONG OR INCOMPLETE ADDRESS: If your package is returned to us due to an incorrect or incomplete address, you must pay all delivery cost to re-deliver your order to a corrected address. We are not responsible for the loss of your order if the address provided at checkout is incomplete or incorrect.
24. REFERRAL PROGRAMS AND DISCOUNT CODES
24.1 We offer referral programs, vouchers and discount codes (hereinafter "discounts"). There is no right to receive such vouchers / discounts. The value of the vouchers / discounts depends on the current conditions of the voucher / discount at the time of issue.
24.2 Our discounts are only valid for a certain time. The expiry period can be found in the corresponding discount campaign. If a discount does not include a specific expiration date, it can be redeemed at the latest by the end of the third year after the date of issue; after that the discount is no longer valid.
24.3 Our discounts are subject to the following conditions, unless they contain different agreements:
a.Our discounts are not transferable;
b.A discount must be redeemed when ordering. Subsequent crediting is not possible;
c.Different discounts or discount types cannot be combined.
24.4 Discounts can only be redeemed in the country for which they are granted.
24.5 We implement discount programs like this under the motto "in good faith", which we set an example for and also expect from the participants. We reserve the right to withhold credits or prices if we get the impression that customers are violating this intention or behaving in a manner contrary to the intentions of this program. In order to clarify this: Sales, application, publication, mass mailing, payment or commercial offering of referral links is not permitted, which is why we do not provide any consideration or commitments for such links.
- Misleading or harassing content
- Self-portrayals on social media
- Paying or offering incentives against using your link
- YouTube channels
- Informational or fan websites
- Share on social media
25. The construction validity and performance of these Conditions shall be governed by UK and You agree to submit to the exclusive jurisdiction of the UK, in the event of legal proceedings arising from any dispute; The language of any dispute resolution procedure or any proceedings will be German.
October 15, 2022