Terms and conditions

Welcome

We are delighted to welcome you to this Frucon² official online store for the brand Speck Products. Safe written derogative clause, the relations between Frucon² and its users are regulated by the present General Conditions that are understood to be accepted by the User, even if they should appear to be in conflict with one's proper or special conditions. We ask you to take the time to read these terms and conditions carefully. Unless stated otherwise herein, the relationship between Frucon², Speck Products and its Users is exclusively governed by these Terms and Conditions that are deemed read and accepted by the User. If you do not agree to these terms and conditions in their entirety, please do not use the Site.

From time to time, when you use particular services or purchase products on this Site, you may receive additional guidelines, rules and policies applicable to such services and products, all of which are hereby incorporated by reference and will apply to your use of the Site.

Frucon² and Speck Products may from time to time amend the Terms and Conditions by posting such change at the Site. Use by you after such change has been posted shall constitute acceptance of such changed terms.

The wordings used in these General Conditions were, for as far as necessary, defined in Article 17 of the General Conditions.

  1. Accuracy of content

    The information as to the products and prices, as well as the detailed order information that the User may find at the ‘Order Info Page, are drafted and communicated under reserve of amendments and corrections. Modifications to the contents take place at a regular basis without informing you explicitly about them. Frucon² and Speck Products have made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products. The weights, dimensions and volumes of the products are approximate only and we cannot guarantee that your screen’s display will accurately reflect the colour of the product on delivery.

    SpeckProducts and Frucon² cannot be held responsible for the use of this Site, included, and without limitations, its content and possible errors. The indicated information is collected to the best of our abilities and we shall not be held responsible for any erroneous display of the data.

  2. Prices

    All prices are displayed on the Site are inclusive of VAT and exclusive of forwarding charges. The currency is at all times clearly mentioned. If an error is found in the price of the products you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for the sum that has been debited from your credit card for the products.

  3. Online ordering

    You can place an order if you are an adult aged 18 or over. The ordering process consists of following steps:

    • You add the products you want to purchase to your shopping cart;

    • You choose your delivery method;

    • You enter the delivery address;

    • You enter your billing address together with the payment information;

    • You will be asked to accept the General Conditions;

    • You will now be given the opportunity to review your selection.

    After submitting your order we will send you an e-mail confirming receipt of your order. If you pay by credit card, you will receive an e-mail containing your payment status. As soon as the goods are shipped (the "Shipping Notification E-mail"), you will also receive a notification. All orders are subject to possible stock fluctuations, at the occasion of an unforeseen stock crash, we will inform you and we reserve the right to cancel an order reservation.

  4. Payment

    The payment modalities we accept are mentioned on our Site. Payment must be made in £. Please refer to the Privacy Policy posted in the Site for further information regarding internet fraud and secure payment.

    Frucon² retains title in the sold goods until we have received full payment of the price and shipping charges, and possible late payment interests and/or indemnities.

  5. Sale contract

    No sale contract will exist between you and Frucon² until Frucon² dispatches the products. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents a binding offer by you to purchase our products. The sale will only be binding on us once we have notified you by means of the Shipping Notification E-mail that the goods have been dispatched to you.

    Frucon² reserves the right to refuse an order, wholly or partially, in the following cases:

    • If the product is not available;

    • If your billing information is not correct or not verifiable;

    • If your order is flagged up by the security systems as an unusual order or an order susceptible of fraud;

    • If your bank transfer payment/reservation is not received timely;

    • If we have reason to believe you are under 18;

    • If we have reason to believe you are a reseller;

    • If there was an error in the price quote;

    • If we could not deliver to the address provided by you;

    • In the event of force majeure.

  6. Delivery restrictions - country of delivery

    Care of PO Box addresses and military APO addresses are not accepted.

    We deliver from Monday till Friday, except for bank holidays.

    Through our Site http://www.speckproducts.co.uk the products are delivered in the UK except for the 'Isle of Man' or the 'Channel Islands'.

    Please use http://www.speckproducts.fr for products to be delivered in Monaco, Corsica and mainland France (except overseas territories).

    Please use http://www.speckproducts.de for products to be delivered in Germany.

    Please use http://www.speckproducts.eu for products to be delivered in Denmark, Finland and Sweden.

    Please use http://www.speckproducts.com for products to be delivered in the United States.

  7. Delivery

    We will use all reasonable efforts to deliver the products ordered within the timescales indicated on the individual order confirmation to the User. Such timescales are not guaranteed delivery times and should not be relied upon. Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be recovered from the User.

    All goods will be dispatched from Frucon². If your product is not delivered within the specified timescale, please contact us with your client number or order number.

    We only ship via a professional courier. We always require someone to sign off for delivery. You accept that a delivery is signed off for by a person other than the User, provided that such person is present at the indicated address and an adult of 18 years or over. If there is no one present at the time of delivery, you will be asked to contact our courier service to arrange an alternative delivery date, or the goods may be delivered to a nearby pick-up point and a message will be left at your door.

  8. Defective product or wrong delivery

    You must check whether your shipment is correct upon delivery. If there are discrepancies or problems with your order, please follow the returns procedure described under clause below, but for faulty goods or goods being returned due to our error we will also refund any cost incurred in returning the item. Subject to availability, we will send you a new Shipping Notification E-mail and we will automatically and immediately ship to you at our own costs the correct replacement product.

  9. Return form

    Please follow the procedure described in this clause below if you are to return any products under the clause above or as a result of incorrect products being delivered or in any other circumstances that Speck Products agrees with you for a return to be made. You may also use this process for the statutory withdrawal/cancellation mentioned in the clause below.

    1. If you wish to return your product, make sure the date is within the stipulated 30 days after the original purchase date.

    2. Please make sure the product is safely packed in its original box. Open the return form to start the return process.

    3. Here you will be asked to enter your order code.

    4. Next, select the product you’re returning and the reason for return, plus your address.

    5. On the next page, click on the link to choose a drop off point near you to bring your returned product.

    6. On the same page, you’ll find the PDF link to download the return label. N.B. This label consists of 2 pages – please print out both and attach the label from the first page to the box you’re returning.

    7. Bring your product to the drop off point as soon as possible and no later than 14 calendar days from the date you notified us of your return request. Please make sure you take along the second page of the printed label and ask for a signature/stamp. This acts as your customer receipt.

    8. In the event that you have not respected all of the return requirements, we will advise you by email within 14 days to clarify why we have not been able to approve it.

    Only goods purchased online on the Site can be returned. As for any other return, we advise you to contact the store where you have purchased the goods.

  10. Distance selling – right of retraction/cancellation

    You have no right of retraction/cancellation for the supply of goods made to the customer’s specifications or clearly personalized.

    Right to cancel

    You have the right to retract/cancel from the sale contract within 30 days without giving any reason.

    The retraction/cancellation period will expire:
    (i) after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products; or
    (ii) in the case of a sales contract relating to multiple products ordered by you in one order and delivered separately, after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the products.

    To exercise the right of retraction/cancellation, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).

    You may use the model cancellation form but it is not obligatory. You can also electronically fill in and submit any other clear statement on our website using the return form (and we encourage you to use the return form for more efficiency in processing the retractions/cancellation). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay.

    To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

    Effects of cancellation

    If you retract/cancel from the sale contract, we will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

    We make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling from you.

    We will make the reimbursement without undue delay and not later than 30 days from the day on which we are informed about your decision to withdraw from this contract.

    We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

    We will collect the goods in the manner described in the Return Form, and bear the costs related thereto. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods. You should not yourself send back the goods in a manner other than set forth in the Return Form; if you may do so anyhow, you are doing so at your own cost and risk.

  11. Limitation of liability

    The terms and conditions of this sale contract do not affect your statutory rights. We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Site, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence or willful misconduct.

    We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the sale contract for:

    (a) any losses which are not foreseeable by both parties to the sale contract at the time such sale contract is formed arising in connection with the supply of the products and related service or their use by you;
    (b) any losses which are not caused by any breach by us;
    (c) business or trade losses.

    Our entire liability in connection with the sale contract will not exceed the purchase price of the products in question.

    Speck Products is under a legal duty to supply the ordered products that are in conformity with the sale contract.

  12. Warranty

    Please read our warranty information document.

  13. Use limitations and intellectual property rights

    Frucon² prepared this Site together with Speck Products for your personal and non-commercial use.

    All brand names, product names and titles used on the Site are trademarks or trade names of Speck Products or third party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as they may constitute an infringement of the holders' rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of Speck Products or its suppliers. You are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. You are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain Speck Product's prior written consent.

  14. Use of information and suggestions by you regarding this site

    In the event you provide to Speck Products or post any material, information, suggestions or comments on or through the Site about the Site, the way in which Speck Products conducts its business, or the operation of the Site, Speck Products reserves the right to use such material, information, suggestions or comments in its discretion, with no compensation or credit to you. You hereby grant to Speck Products a non-exclusive, perpetual, worldwide, royalty free license to utilize and publish such information and material, in whole or in part. However, use by Speck Products of information by which you may be identified (such as your name, address, social security number and telephone number), will be governed by the Site's Privacy Policy, discussed below.

  15. Use of your suggestions regarding new products, features or processes

    (a) A submission will not in any way establish a confidential relationship nor will it place Speck Products or Frucon² in the position of receiving a submission in trust and Speck Products shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.

    (b) Speck Products shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.

    (c) No obligation is assumed by Speck Products or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by Speck Products and by you, and then Speck Products's obligations shall be only as expressed in that written agreement.

  16. Privacy policy

    We consider your privacy as very important and we want to be sure you are aware of and agree with the way in which we may use your personal information. You can find our Privacy Policy on http://www.speckproducts.eu By placing an order on the Site you consent to the collection, use and transfer of your personal data under the terms of the Privacy Policy.

  17. Definitions

    Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:

      • Terms and Conditions: these terms and conditions and all its additions or updates.

      • Order: the result of the ordering process as described in article 4 of the Terms and Conditions.

      • Frucon²: Frucon², public limited liability company, incorporated under Belgian law (so-called NV), having its registered office at 8850 Ardooie (Belgium), Pittemsestraat 58d, Company Registry number Kortrijk 0806.661.106; Frucon² is responsible for the technical support of the functioning of the Site, the order processing, and the payment handling.

      • User: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order.

      • Speck Products: Speculative Product Design, LLC. A California Limited Liability Company doing business as SPECK,177 Bovet Road, Suite 200, San Mateo, CA 94402 Speck Products is responsible for the design and production of the products on this site, and all product warranty.

      • Site: a collection of webpages grouped together under the address of http://www.speckproducts.eu.

  18. Governing law

    Any dispute regarding the validity, the interpretation and/or the execution of the Terms and Conditions is solely governed by the laws of Belgium and the Belgian courts. This clause does not affect your statutory rights. The User agrees that in the event of a dispute with respect to the use of the Site, electronic evidence (e.g. e-mails, back-ups, etc.) can be used as valid evidence.

    If any of the Terms and Conditions may be declared null and void or not applicable, the other terms and conditions will remain valid and the portion declared null and void will remain applicable within the boundaries set by law.

  19. Online dispute resolution rights

    The official Online Dispute Resolution site for you is located here.

  20. Entire agreement

    These Terms and Conditions supersede all prior terms applied with the User.

    For any questions, remarks or technical issues with respect to this Site, please contact us.

    These terms and conditions were last updated on September 5th, 2016.

  21. Questions, complaints, or comments

    If you have technical problems in accessing information on the Site, please contact technical helpdesk.

    Email: customercare@speckproducts.eu or call +46 850 535 269



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