Terms & Conditions

 

ONLINE SHOP TERMS

Theflyshades.com is an online company owned by Igor Gutierrez, based in Germany under Nr. 06434006 – Steuernummer: 00382360090 – EU VAT ID: DE300473481. The following Terms, together with our Privacy Policy and Website Use Terms apply to your access to and use of our online shop and the supply of goods ordered via our shop. By ordering goods from our online shop, you acknowledge that you have read, understood and agree to be bound by these Terms and the other documents referred to.

Buyers

You may buy goods offered online by us by completing the order form available on our website. To buy goods via our website, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading. You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.

Orders

You must register with our website to be able to make purchases from our online store. Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us, at our discretion.

Special offers

We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.

Prices

All prices are in EUROS. Prices include product taxes unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.

Payment

The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will commence once payment has been processed/validated. We accept payment by Visa, MasterCard and American Express. We also may accept wire transfers and Paypal payments. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us. Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.

Errors

From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.

Availability

All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.

Delivery/Shipping

We ship worldwide. We charge a fixed cost of €12 withing European deliveries (as varied from time to time and subject to a surcharge for large orders). For other destinations, shipping cost is determined by destination, weight and shipping method. To find out the shipping charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering. At times we may not be able to deliver to a P.O. Box.

We use all reasonable efforts to dispatch orders within 3 business days of the purchase date. Most orders should arrive within 5 to 15 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive by emailing info@theflyshades.com. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.

We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery.

If you choose to sign for your item you will generally need to be available between 9.00am and 5:00pm to receive the delivery. You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.

Free Shipping Promotion

From time to time, we may offer free shipping promotions or similar. During the stated period of the promotion, the express terms of any specific promotion override these Terms other than the Special offers and Error sections. You must pay any return freight costs on change of mind purchases; however we will cover redelivery costs for exchanges for the first exchange. Faulty items will be replaced with the same item originally purchased where still available. For faulty items that cannot be replaced, a full refund will be offered; we will pay all freight charges on faulty items.

Damage

If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.

Risk

Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.

Title

Goods ordered by you remain our property until you pay for them in full.

Product warranties

To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.

Returns

In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:

1. The items are returned within 30 days of the purchase date and the original sales receipt is present.

2. Items must be in original condition as purchased, with all labels/tickets attached. Product must not have been worn.

Returns/exchanges can be sent to:

(ASK US FOR RETURN / EXCHANGE ADDRESS FIRST)

If you return items to us that do not comply with the above requirements, we will return them to you at your cost.

Packing problems

Please check your items against your receipt. If there are any discrepancies please email [info@theflyshades.com] as soon as possible and within 30 days of purchase date.

To obtain a refund via OUR online store, please send us an email and notify us about this first. If we consider your claim valid, post the order back to us with a copy of the email. Promptly after we receive your return package your refund/exchange will be processed and new item sent back out to you (where available) or we will credit your credit card, excluding delivery charges (unless goods are faulty or not as ordered). You will be charged an additional fee for redelivery. Do not re-use our courier bag.

Contacting us

You can contact us by email:

· By emailing us at [info@theflyshades.com]

Notices to you

We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.

Entire Agreement

These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

Alterations

We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.

Privacy Policy

Privacy Notice

Theflyshades.com respect your concerns about privacy. This Privacy Notice describes the types of personal information we collect, how we use the information, with whom we share it, and the choices you can make about our collection, use and disclosure of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.

The phrase “personal information” refers to information by which you or the device you are using to connect to the Internet can be identified.

Information We Collect

We may obtain personal information about you from various sources, mainly by emailing us or communicate with us through social media.

The types of personal information we may obtain include:

* Your contact information (such as name, postal and email address, or phone number)
* Username and password for the account you may establish on our site
* Shipping information (including the shipping address and phone number)
* Demographic information (such as age, date of birth and gender)
* Information you provide by interacting with us through social media, including photographs
* Shopping behavior and preferences, and a record of the purchases you make on our website

How We Use the Information We Collect

We may use the information we obtain about you to:

* Register you for membership at our website, and manage and maintain your account on the site
* Provide products or services you request
* Process, validate, confirm, verify, deliver and track your purchases
* Maintain a record of the purchases you make on our site
* Respond to your questions and comments and provide customer support
* Communicate with you about our products, services and offer you products and services we believe may be of interest to you
* Enable you to communicate with us through our social networks and other interactive media
* Enforce our Website Terms of Use and Terms and Conditions
* Comply with applicable legal requirements and industry standards and our policies

In addition to the data uses described above, we may use the information collected through cookies and other automated means to uniquely identify the electronic shopping basket you may create on our site and enable you to retrieve shopping baskets you previously created. We also may use cookies to identify and authenticate visitors.

We do not sell or otherwise disclose personal information about you, except as described in this Privacy Notice.

We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell, merge or transfer all or a portion of our business or assets. Following such a sale, merger or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

We maintain administrative, technical and physical safeguards designed to assist us in protecting the personal information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use Secure Sockets Layer encryption to protect certain of your purchase information while in transit.

Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.

To further protect yourself, you should safeguard your THEFLYSHADES.COM account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our sites.

Updates to this Privacy Notice

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our website to notify you of any significant changes to our Privacy Notice and indicate at the bottom of the notice when it was most recently updated.

How to Contact Us

If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at info@theflyshades.com

Igor Gutierrez (Theflyshades)
Sodener Strasse, 21
61476 – Kronberg
Germany

Effective Date: January 28, 2015