Figsay
This website is operated by Figsay. The terms “we” and “our” within the site refer to Figsay. Figsay offers you this website, including all information, tools, and services available on it, under the condition that you, as a user, agree to all of the terms, conditions, disclosures, and warnings stated here.
By visiting our site and/or purchasing from us, you agree to be bound by the following terms and conditions (“Terms”), which include additional terms, conditions, and disclosures referenced herein and/or available via hyperlink. These Terms apply to all users of the Site, including but not limited to visitors, suppliers, customers, and others.
Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the website or its services. Continued use of the site after any changes are posted signifies your acceptance of those changes.
Section 1: Online Store Terms and Conditions
By accepting these Terms, you confirm that you are of legal age in your state or country, or that you have authorization for any minors under your care to use this site.
You are prohibited from distributing harmful software such as viruses or malicious code. Violating any part of these Terms will result in the immediate termination of your right to use the services.
Section 2: Terms and Conditions
All trademarks on this website belong to their respective owners. We reserve the right to deny service to anyone at any time, for any reason.
Payment card information is always encrypted during transfer over networks. Your content (except payment card data) may be transmitted unencrypted across different networks.
You agree not to copy, sell, resell, or exploit any part of the Service without our express written permission.
Section 3: Definitions
- Deposit: Sums paid by the customer when purchasing pre-order. This deposit is non-refundable if the customer cancels the order or pre-order.
- Product Description: All details that define a product, including dimensions, weight, materials, etc.
- Order: A purchase made for a product in stock.
- Pre-order: A purchase for a product that is not yet in stock, either under production or to be produced. Production time is approximate and may vary.
- Price: The amount to be paid by the customer for the product, not including shipping costs to eligible destinations (EU, USA, Canada, Australia, except remote areas).
Section 4: Terms and Conditions of Sale
By placing an order, you acknowledge that you have read and agree to these Terms. Orders are processed after payment and once shipped, a tracking code will be provided. Delays in production or delivery are not grounds for cancellation.
All products are non-returnable, non-exchangeable, and non-refundable once purchased. Any payments made go directly to the manufacturer for production or to reserve the product.
Section 5: Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information on the site is inaccurate or incomplete. The materials are provided as a reference and should not be relied upon exclusively.
We reserve the right to change the content at any time without obligation to update the site.
Section 6: Changes to the Service
We reserve the right to modify or discontinue the Service without notice at any time. We are not liable for any modifications or suspensions of service.
Section 7: Prices
Prices are displayed in the default currency and may change based on offers, promotions, or external factors like shipping. Delivery charges apply depending on the delivery destination.
Section 8: Information About Products or Services
Some products are available exclusively online and may have limited quantities. We strive for accurate representation, but images may differ from the final product. Changes to product specifications may occur to improve quality.
Section 9: Pre-order
Pre-orders are made based on product prototypes and may vary slightly from the final manufactured product. Shipping times are approximate, and product availability can change without notice. Pre-orders are not refundable unless the product is unavailable.
Section 10: Billing and Account Information
We reserve the right to limit or cancel orders at our discretion. You agree to provide accurate, current, and complete information for purchases and keep your account details up to date. Changes to the shipping address may not guarantee delivery.
Section 11 – Payment Methods
Some means of payment are tied to additional conditions and/or may incur additional fees. All payments are handled independently by third-party services. Therefore, this website does not collect payment data (such as payment card numbers) but receives a notification once the payment is successful. In the event that payment made by any of the available means fails or is rejected by the payment service provider, the website owner is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the user.
Until payment of the full purchase price is received, the user does not acquire ownership and rights of use of the products ordered. The order is payable on the day of said order by secure payment, according to the payment methods offered on the site by paying the displayed amount. Any shipping charges shall be billed separately and shall be payable by the customer upon receipt by the customer, if any, of an invoice for such shipping charges and/or request for balance of the order or pre-order. All credit and debit card transactions are charged at the time of purchase. We may occasionally offer special payment terms. As soon as new payment methods are offered, they will be the subject of a description amending the general terms and conditions.
- Full payment: during an order or pre-order, full payment will be offered to individual customers. You can choose to pay for the product in full and wait until production is complete if it was not already ready. After a check of your address, the customer will be informed if there are any shipping costs, which they must pay before they can ship the product.
- Deposit payment: during a pre-order, deposit payment will be offered to individual customers. You can choose to pay deposit to reserve the item. The balance will be asked after production is complete, once we are ready to ship it and add any shipping costs. When asked for the balance if the customer does not respond or pay within seven (7) days of notification, we reserve the right to cancel the pre-order and not refund what has already been paid.
Section 12 – Product Availability The unavailability of a product is in principle indicated by a “sold out” or “out of stock” badge. The customer may also be informed when a product becomes available again by signing up for the waiting list. In any case, if the unavailability was not indicated when the order was placed, we will endeavor to inform the customer as soon as possible if the product is no longer available. In the event that a product is unavailable, we may, if the parties agree, offer an alternative product. If the customer decides to cancel his/her order or pre-order due to an unavailable product, he/she will get a refund of all amounts paid for the unavailable product no later than fourteen (14) days after the cancellation is confirmed.
Section 13 – Waiting List
For limited edition products that are sold out, customers can sign up for the waiting list. This does not constitute a pre-order. Figsay will notify customers if the product becomes available again. However, products marked as “Sold Out” may be resold before waiting list validation.
Section 14 – Delivery Times
Delivery times depend on the product and its production timeline. Pre-order items will be shipped within 30 days of full payment, subject to availability. Delivery times are approximate and may be affected by production delays or unforeseen circumstances. If delivery is delayed beyond 36 months, a full refund will be issued.
Section 15 – Delivery Terms
Products are shipped directly from our warehouses, and may be delivered in multiple packages. All shipments are tracked, and customers will be notified upon shipment. Shipping charges are calculated at checkout.
- Shipping Address: Ensure your address is correct before shipment. If you need to change your address after shipment, additional shipping charges may apply.
- International Orders: Import taxes and customs fees are the responsibility of the customer.
Section 16 – Retention of Title Clause
Products remain the property of Figsay until payment in full is received. Upon delivery, risks of loss or damage transfer to the customer.
Section 17 – Optional Tools
Figsay may offer third-party tools for use on the site. We have no control over these tools, and use is at your own risk.
Section 18 – Third-party Links
Figsay may link to third-party websites. We are not responsible for the content or accuracy of these sites, and customers should review the policies of third parties before making any purchases.
Section 19 – Comments, Feedback and Other Submitted Materials
By submitting any materials (such as comments, feedback, suggestions, ideas, or proposals) to Figsay, whether requested or unsolicited, you grant us a worldwide, irrevocable, and royalty-free license to use, modify, publish, distribute, and otherwise utilize these materials in any form, media, or technology now known or later developed. Figsay is not obligated to maintain confidentiality regarding your submissions and may freely use them for marketing, promotional, or operational purposes without compensation or further consent from you.
You agree not to submit materials that violate the rights of third parties, including privacy rights or intellectual property rights. You also agree not to submit harmful or illegal content, including viruses, malware, or material that could disrupt the website or our services. You are solely responsible for the accuracy, legality, and appropriateness of your submissions.
Figsay reserves the right to monitor, edit, or remove any content that we, in our sole discretion, deem inappropriate, offensive, or in violation of these Terms of Service.
Section 20 – Protection of Personal Information
Figsay collects and processes personal information in compliance with applicable privacy laws and regulations, excluding financial data. We use personal information solely for processing orders, communications, and improving the customer experience. This information is not shared with third parties except where necessary for fulfilling orders and providing services related to your transaction.
You have the right to access, correct, or delete your personal data at any time. For any requests regarding your personal information, please contact our customer support. For detailed information on how your data is handled, please review our Privacy Policy.
Section 21 – Errors, Inaccuracies, and Omissions
Figsay strives to ensure the accuracy of all information displayed on our website, including product descriptions, prices, and availability. However, errors may occur from time to time. If we identify any errors in your order, including incorrect pricing or stock availability, we reserve the right to cancel or update your order. We are under no obligation to update the information and may do so without prior notice.
We do not guarantee that our website is free of errors or that it will operate uninterrupted. We are not responsible for any inaccuracies or omissions in the information provided.
Section 22 – Prohibited Uses
You may only use Figsay’s website and services for lawful purposes. Any misuse, including attempting to gain unauthorized access to the website or engage in illegal activities, will result in the immediate termination of your access to the site and services. We may report such activities to relevant authorities.
Section 23 – Disclaimer of Warranties and Limitation of Liability
Figsay does not guarantee that access to our website or services will be uninterrupted, secure, or error-free. We make no warranties regarding the accuracy, reliability, or suitability of the information or services provided.
By using our website and services, you accept all risks associated with their use. Figsay and its affiliates will not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to lost profits, data loss, or business interruptions, arising from your use of the website or the purchase of products. Our liability will be limited to the extent permitted by law.
Section 24 – Liability
Figsay’s liability shall not be incurred for any default or improper performance of contractual obligations attributable to the customer, particularly when placing an order or pre-order. We are not responsible for any anomalies related to delivery, such as damaged packages, missing products, or broken items. In cases where the delivered product does not comply with the laws of the delivery country, our liability will not apply.
Both parties are exempt from liability in the event of non-performance or delay due to a force majeure event. This includes, but is not limited to:
- Requests for changes
- Production delays in factories
- Delays by carriers
- Cybersecurity incidents or hacker attacks
- Unavailability of materials, supplies, or equipment
- Disruptions in electronic communication networks
Section 25 – Indemnification
By using our services, you agree to indemnify, defend, and hold harmless Figsay, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any claim, demand, or legal action, including reasonable attorney’s fees, resulting from your breach of these Terms and Conditions or any other documents incorporated herein.
Section 26 – Termination
The obligations and liabilities of both parties that were incurred prior to the termination of this Agreement shall continue to apply after termination for all purposes.
These Terms and Conditions of Service will remain in effect until terminated by either you or Figsay. You may terminate your use of our site and these Terms and Conditions of Service at any time by discontinuing your use of our website.
If, in Figsay’s sole discretion, we believe you have violated any part of these Terms and Conditions, we may terminate this Agreement without prior notice. You will remain liable for any amounts owed up until the date of termination, and Figsay may deny you access to the Services (or any part thereof) as a result.
Section 27 – Entire Agreement
Failure by either party to exercise or enforce any right or provision of these Terms and Conditions of Service does not waive that right or provision.
These Terms and Conditions of Service, along with any notices or operating rules posted by Figsay on our website or in connection with the Services, represent the entire agreement between you and Figsay regarding your use of the Services. They supersede any previous agreements, communications, or proposals, whether oral or written, between you and Figsay (including any previous versions of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions will not be construed against the party that drafted them.
Section 28 – Nullity
If any provision of these Terms and Conditions is deemed null or unenforceable by a court of law, the remaining provisions will continue in full force and effect. The invalidity of any one clause will not affect the validity of the others.
Section 29 – Cookies
In compliance with applicable data protection laws, Figsay uses “cookies” on our website. By continuing to use our website, you consent to the use of cookies as described in our Privacy Policy.
Section 30 – Applicable Law
These Terms and Conditions of Service, as well as any agreements under which we provide services to you, shall be governed by and interpreted in accordance with the laws of the country in which Figsay operates. We do not guarantee that our website complies with the laws of other jurisdictions.
Section 31 – Changes to the Terms and Conditions of Service
You can review the latest version of these Terms and Conditions at any time on this page.
Figsay reserves the right to update, modify, or replace any part of these Terms and Conditions at our sole discretion. We will post the changes on our website, and it is your responsibility to check periodically for updates. By continuing to use or access our website and services after changes are posted, you accept those changes.
Section 32 – Useful Links
- Privacy Policy
- Returns and Refunds Policy
- FAQ General FAQs
- Installment Payments FAQs
- Shipping FAQs
- FAQ After-Sales Service FAQs
Section 33 – CONTACT US
For more information about these Terms and Conditions of Service, if you have questions, or if you wish to file a complaint, please contact us through our Contact Information page.
