Terms

Last updated on May 10th 2022.

InfinityFX ("We", "Us" and "Our") is an e-commerce platform (the "Service") operated on all websites owned by InfinityFX Ltd. ("InfinityFX"). These aforementioned websites include, but are not limited to, infinity-fx.com, infinity-fx.net, infinityfx.net, infinity-fx.eu, infinityfx.eu, infinity-fx.nl, infinityfx.nl, infinity-fx.store and infinityfx.store. These terms ("Terms"), including additonal terms and/or policies referred to herein, apply to all users (collectively or individually, "You", "User" and "Customer") of the service and are effective immediately as of use.

Please read these terms carefully when using the service and make sure you have understood and agree to these terms. If you do not agree to these terms, please refrain from any further use of the service.

Index

  1. 01 Introduction
  2. 02 Intellectual property
  3. 03 Products
  4. 04 Providing products
  5. 05 Returns and refunds
  6. 06 Payment
  7. 07 Data
  8. 08 Termination
  9. 09 Governing law
  10. 10 Disclaimers
  11. 11 Contact

1. Introduction

These terms are fully applicable and affect the users usage of the service. By agreeing to these terms you acknowledge to be at least the age of majority in your country of residence, or have the consent of a person at least the age of consent in your respective country of residence. All digital media used for the service is provided by and property of InfinityFX, unless specified otherwise. Furthermore the service allows users to purchase physical goods, including but not limited to clothing (the "Product"). Your use of the service and our products are governed by these terms and may not be used in a way that violate any laws in your jurisdiction. InfinityFX reserves the right to terminate your use of our service and products in the event of a breach or violation of any of these terms.

2. Intellectual property

The name InfinityFX, the InfinityFX logo and all other media provived by InfinityFX are property of InfinityFX Ltd., unless specified otherwise (the "Content"). This content is intellectual property of InfinityFX, an acknowledged partner or is otherwise explicitly stated to be the property of a third-party. Any and all content used for the service or any of our products are protected by copyright and/or different trademarks. Unauthorized use of any intellectual property may violate copyright, trademark and/or other laws and will result in the immediate termination of your use of this service and these terms with you.

The user is restricted from using any of the aforementioned content outside of the original environment or intended purpose, without proper consent or acknowledgement from us. Any content provided by us may be used by third-parties for advertising or promotion purposes on the basis they have rightfull permission.

3. Products

3.1 Overview

The products sold through the service may be made available exclusively through InfinityFX or any acknowledged partners. The availability of these products may be limited in quantity and is subject to return in accordance with our return policy. We reserve the right, but are not obligated, to limit the sales of our products or use of our service to any individual, geograhpic region or jurisdiction. We may exercise this right on case-by-case basis. We make all reasonable efforts to present our products as accurately to real-life as possible, with regard to color, shape and size. Despite this we make no guarantee or warrenty as to the accuracy of these products with respect to your expectations.

When purchasing one or multiple products through our service these may fall under a single payment (the "Order").

3.2 Modification and variance

We reserves the right to make minor modifications to any of our products. These may be made where necessary to comply with relevant laws and/or regulatory requirements, or to implement technical adjustments or improvements, which do not affect your use of the product. Furthermore any product and it's packaging may vary from depicted imagery within our quality standards for the respective product.

3.3 Pricing

Our products are sold internationally and pricing may be represented in a currency which is subject to user-interaction. When a purchase is made using a currency different from the displayed currency at the moment of checkout, a conversion is done using the respsective exchange-rate at the moment of payment. We will make all reasonable efforts to insure these exchange-rates are as accurate as possible, with regards to the national exchange-rates published monthly under the jurisdiction of the Netherlands. Despite this we offer no strict guarantee or warranty as to the accuracy of the used exchange-rates, as these may vary within a reasonable amount from influence beyond our control.

Prices listed on the service may be including or excluding various taxes, including, but not limited to, value added tax ("VAT"). All prices, including, but not limited to, product prices and shipping costs may be subject to to change without prior notice.

3.4 Prohibited uses

You are prohibited from using our products and as extension our service for any of the following prohibited uses: Any unlawful use cases, that may violate any international, federal, state or local laws and regulations; A use case that may infringe upon or violate intellectual property rights; Using our products to harass, abuse, insult, harm, defame, slander or discriminate based on gender, sexual orientation, religion, ethnicity, race, age or disability; To spread or convey false or misleading information, or otherwise be involved in malicious or fraudulent activity; For any obscene or immoral purposes. Use our products and as an extension the service for any prohibited uses may rusult in immediate termination of these terms and your use of the service.

4. Providing products

4.1 Overview

After confirmation of your order we will start processing your order, after which we will ship you your order. You will receive a confirmation email of the moment when your order starts shipping. In this previously mentioned email, as well, is an indication of when your order will be delivered at your delivery address. As soon as your order gets delivered, the purchased products falling under the order are the sole responsbility of the customer, marking the respective order as complete ("Completed order").

4.2 Delivery

We make reasonable efforts to deliver your order in a timely manner, indicative of the estimated delivery time. Despite this we offer no guarantee or warranty your order will be delivered within the estimated delivery window. In the event your order gets delayed due to circumstances beyond our own control, we will try to notify you of the delay as soon as possible, however we can not be held liable for any delays arising out of circumstances beyond our own control.

If your order is unable to be deliverd to you, due to no one being available at the delivery address at the time of delivery, you will be notified by the delivery company of the delivery attempt and the possibilites for a rearrangement or alternative delivery location. If the delivery company is unable to rearrange a delivery and we are unable to contact you regarding this matter, your order may be returned to us. In this case you may be elligable for a partial or full refund.

4.3 Suspension

In the event the user violates these terms, or any part of it, prior to an order being completed, we reserve the right to suspend the supply of the respective non-completed order. Under certain circumstances the user may be eligable to a refund of the previously mentioned order, however InfinityFX is not obligated to refund any non-completed order when the user is found to be in violation of these terms.

Additonally we reserve the right to cancel any non-completed order and therefore suspend the supply of the respective order in any of the following cases:

(a) One or more products falling under the abovementioned order are out of stock or we are otherwise unable to meet demand.

(b) One or more products falling under the abovementioned order need to undergo changes as outlined in section 3.2.

In any of the abovementioned additonal cases the user will always be entitled to a refund.

5. Returns and refunds

You the customer are entitled to a legal 14 day return period, which we extend to a further 30 day window in which you have the right to return any purchased product falling under a completed order ("Return period"). In some, but not all instances of a return occuring the user will be eligable for refund of the costs of the returned products (This may exclude any or all delivery costs, resulting from the initial delivery or the return shipment). To see the full extend of the conditions that may apply to your right to return a product, please refer to our return policy. When exercising your right to return any purchased product within the respective return period, you are obligated to ship us these products within 7 days from notifying us about you wanting to return the aforementioned products. After we receive the returned products, you will be notified about the outcome of your refund request within 2 to 4 working days. If you are found to be eligable to a full or partial refund, this will be done within 2 working weeks from us notifying you about the outcome. Any refund will be made via the original payment method used during purchase of the products in question. In the event you are unable to receive the refund amount via the original payment method and we are unable to contact you regarding this issue within 1 month from the first refund attempt by us, your right to a refund may be withdrawn.

6. Payment

6.1 Overview

When placing an order the final cost of your order will be as defined during placement of your order. After succesfull payment of the previously defined amount, all products falling under the respective order now belong to the customer, furthermore after you receive an order confirmation email from us, the respective order becomes binding ("Confirmed order"), under the conditions layed out in these terms. If however the user is found to be in violation of these terms prior to order completion, or these terms get otherwise terminated by either party prior to order completion, the aforementioned order may get cancelled. If this is due to a violation of these terms, you may not be eligable to a refund of the respective order. Additonally we may exercise our right to cancel any non-completed order as outlined in section 4.3.

6.2 Facilitating payment

On the service we facilitate payment through various payment methods. We make our best efforts to present you with payment options best suited to your recognized payment method. Despite this we make no guarantee that we will be able to facilitate a payment method, through the service, that is suited to you. If you are unable to make a payment through our service, this might result in us being unable to confirm your order. If you are unable to pay the cost of your order, prior to your order being confirmed, this may result in your order getting cancelled.

To facilitate different payment methods to a wide audience, we use Stripe In. ("Stripe") to collect and process any payment and any respective payment information. When placing an order through the service, you agree to let Stripe collect and process any current or future payments, as well as, facilitate any future refunds when applicable. By placing an order through the service you are agreeing to Stripe's terms of service and their privacy policy, as to govern your use of their payment services and to an extend ours. InfinityFX is not responsible for any payments and/or transactions made through the service as these are exclusively handled by Stripe.

InfinityFX is not liable for any issues arising out of, or in any way connected to the handeling of payments and/or transactions between you and Stripe. You are solely responsible for any current and furture payments and/or transactions made through Stripe, we are not liable for loss or damage from errant, invalid or failed payments and/or transactions processed through Stripe. Stripe is subject to changes that may affect the use of their service and/or our services. You are solely responsbile for taking notice of any revision or changes to Stripe's terms. Continued use of any part of the service that requires payment constitutes your continued agreement to Stripe's terms.

7. Data

7.1 Collection

When using the service we may collect and store user information that has been shared with us willingly. This collected information may consist of any personal information used to identify, locate or contact a certain individual ("Personal data"). Any collected personal data will not be shared with or sold to any direct or third-parties.

We may also collect and store any generic non-identifying information ("Generic data"). Any collected generic data will not be shared with or sold to any third-parties. We may solely use generic data to improve the service and it's user experience.

We may collect data, personal and generic, via the use of cookies. To understand what cookies are and to what extend we use cookies, please make sure to read our cookie policy. We will take all reasonable and appropriate measures to protect any collected information, personal and generic, from unauthorized access. For a full and detailed explanation as to how we collect, process, store and use your information, please refer to our privacy policy.

7.2 User account

Through our service it is possible to create a personal account ("Account", "IFX ID"), to gain access to certain features or area's. To maintain the confidentiality of your account, you are solely responsible for maintaining and securing any information that can be used to gain access to your account.

7.3 Accuracy and completeness

Throughout your use of the service you are obligated to provide InfinityFX only with, truthful, accurate and complete information, whenever necessary. You are required to keep this aforementioned information accurate and complete at all times. If any of the aforementioned information is found to be illegitimate, inaccurate or incomplete at any point in time, we reserve the right to terminate your use of the service and these terms with you. Providing us with incomplete, inaccurate or illegitimate personal information, including but not limited to payment information or delivery information, may result in immediate termination of these terms and the suspense of our products to you, as defined in section 4.3.

8. Termination

8.1 Our right to termination

In the event the user violates these terms or any part of it, we reserve the right to terminate and/or restrict access to any part of the service. Termination may also lead to the suspense of our supply of products to you, as defined in section 4.3. We further reserve the right to terminate our services with you, without prior notice, when you are found to be in violation of any of the following:

(a) You have provided us with incomplete, inaccurate or illegitimate information, during your use of the service.

(b) You have not payed the amount due for completion of your order, prior to receiving your order confirmation email from us.

8.2 Your right to termination

You have the right to terminate these terms with us, which you can do so by contacting us via support@infinity-fx.com. Your termination of these terms will result in the immediate termination of and/or restriction to any part of the service, or the service as a whole. In addition termination may lead to the suspense of our supply of products to you. If your desire to terminate these terms with us is a direct result from us breaching these terms or have a legal right to do so, any and all payed for non-completed orders will always be refunded in full. In all other cases InfinityFX is not obligated to refund any non-completed orders.

9. Governing law

These terms will be governed by and interpreted in accordance with federal laws of The Netherlands. By using the service you submit to the non-exclusive jurisdiction and federal courts of The Netherlands for the resolution of any disputes.

10. Disclaimers

10.1 Warrenties

We will use reasonable efforts to provide the user with a reliable and satisfactory service. Despite this we make no representation or warrenty as to the completeness or accuracy of the service. The service is provided as is, we expresses no representations or warranties, of any kind related to any part of the service or the contents provided on it. No content on the service shall be interpreted as advising you. We are not obligated to correct any errors and otherwise support the service. We reserve the right to suspend or discontinue the service without prior notice. Any products provided through the service are provided as is and come without any representations or warranties, unless explicitly stated by us.

10.2 Limitation of liability

In no event including negligence (unless otherwise required by applicable law) shall InfinityFX, nor any of its partners or employees, be held liable for anything arising out of or in any way connected with your use of the service.

10.3 Indemnification

Your use of the service constitutes your agreement to indemnify to the fullest extent InfinityFX, its affiliates and their respective employess from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising out of or in any way related to your breach of any of the provisions of these terms.

10.4 Revisability

InfinityFX is permitted to revise these terms at any time as it sees fit. You shall be notified of any revisions made in a timely manner prior to these revisions taking effect. It is your own responsibility to take note of these revisions, continued use of the service constitutes the users continued agreement to these terms.

10.5 Severability

If any provision of these terms is invalid at any point then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any other part or provision of these terms.

11. Contact

If you have any questions regarding these terms or anything related to your use of the service, feel free to contact us at contact@infinity-fx.com.