Introduction
These terms and conditions set out the terms and conditions between you, the customer, and Fetish Square, governing the use of our website and any products sold, being:
- digital products (photographs, video)
- physical objects (toys, art pieces, leather products, …)
- tickets (entrance to events, parties, shows, …)
Your use of the Fetish Square website, and purchase of any of the products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use the website or purchase products.
License and Use
“digital products”: Your purchase of products constitutes us granting to you of a non-exclusive, non-sublicensable, non-transferable license to access that product on this website, for the purpose of your own personal use and reference. You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation. The availability of the digital products for viewing will be at least 3 months after your purchase.
“physical objects”: By purchasing a physical object, you gain ownership over the product, and the use of the product is your and only your responseability. The standard warranty of 1 year is applicable in case the product is unused and undamaged.
“tickets”: By purchasing a ticket for an event, you agree to all the specific rules that apply to the event. Since there are different rules for different events, they will be made clear in the ticket description if they are deviant of normal social behaviour. In all cases, the organisation of the event has the final say and can, and will, forbid further acces to the event if the ticket holder does not comply with the regulations, directions, or code of conduct. In no circumstances will this entitel you to a refund. Tickets can be downloaded, and are preferaably shown at the entrance of the event in a digital format (the pdf on your smartphone) but you can print them as well.
Intellectual Property
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain the sole and exclusive property of Fetish Square. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Refunds and Chargebacks
“digital products”: Once a digital product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of the products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter prices from time to time.
“physical objects”: Once a physical object has been purchased by you, you gain ownership of the product. In compliance with the regulations on ecommerce, you have a 14 rights to cancel your order.
– In case the product has not been shipped yet (out of stock) the cancellation of your order will be carried out, and you’ll get a full refund for the products that you want to cancel.
– In case the product has been shipped, or already has arrived, the product must meet these condition:
* the product must be returned within 2 days of your cancellation.
* the returned product will be shipped at your expense, and needs to be packed and shipped with minimum the same standards as it was shipped to you.
* the product has to be undamaged, and should not show any signs of use, wear or be damaged in any other way.
Failure to meet these requirements will make the product nog elligible for a (full) refund.
Warranties and Liability
We make every effort to ensure that our products are accurate, authoritaive and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages. The products are to be used only by people who have sufficient knwoledge on how to use them, and therefore you agree to indemnify us against all claims, resulting form physical, psychological or any other effect the product has on you or on the people you use it with. The proper use of the products is always the responseability of the user of the product, and no respenseability whatsoever can be claimed from Fetish Square.
General
These terms and conditions constitute the entire agreement and understanding between you and Fetish Square for the supply of products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to me by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Belgian law and both us and you irrevocably submit to the exclusive jurisdiction of the Belgian courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
Contacting
Please do not hesitate to contact me regarding any matter relating to this Downloadable Digital Products Terms and Conditions of Sale Policy via email: mail@fetish-square.com
“Fetish Square” is a brand of Tim Denis.
Tim Denis
Nijlense Steenweg 126
2270 Herenthout
Belgium
mail@fetish-square.com
+32 472 07 11 68
Please note that this is NOT a visiting address, and you can never visit the address without prior mutual agreement.
BTW/VAT: BE0877.006.692.
Sole person business. This is a small enterprise.
Special VAT rules may apply.