terms of use
Last updated: September 15th, 2024
OVERVIEW
Studio Wonderland BV, with registered office at Prins Boudewijnlaan 75, 2600 Berchem, Belgium, listed with the CBE (Crossroads Bank of Enterprises) under number BE 0727.952.633, sells clothing and accessories under the GOFLUO brand (the “Products”).
This e-commerce websites www.gofluo.com (the “Sites”) are operated by GOFLUO. Throughout the Sites, the terms “we”, “us” and “our” refer to GOFLUO. GOFLUO offers these Sites, including all information, tools and services to you, the “Customer”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Sites and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all Customers of the Sites. If you do not agree to all these Terms, then you may not access the Sites.
You can contact us at support@gofluo.com, if you experience any problems with the Sites or your order.
Any new features or tools which are added to the current Sites shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Sites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – CAPACITY IN LAW AND ACCEPTANCE
Anyone wishing to buy the Products from GOFLUO on the Sites must have the legal capacity or otherwise purchase the Products through their lawful representatives.
The Customer accepts these Terms of Use expressly through the ordering process by clicking on a tick or putting a cross against the words “I accept the Terms of Use and Privacy Policy”.
SECTION 2 - PRODUCTS
The Products offered for sale on the Sites are those that appear on the Sites at the moment at which the Customer visits them and which are indicated as being sold by GOFLUO.
Products are offered for sale within the limits of available stocks and only for the purchase of customary amount for private use. We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
Should one or more Products of an order not be available, we will inform the Customer via e-mail or in writing thereof. In such case, the Customer will be promptly reimbursed, in the same means of payment as the Customer used for the original transaction. The promptness of the refund can vary depending on the type of payment chosen by the Customer. In case of a payment by credit card, the refund will appear on the next following monthly statement for that credit card. Should the Customer find the refund is taking an abnormal length of time, she/he shall contact his/her bank.
All Products offered for sale on the Sites are described in good faith and conscientiously and as accurately as is possible. The photographs on the Sites accompanying the Products are as accurate as possible but cannot ensure a perfect depiction of any given Product. GOFLUO cannot accept any liability for any minor errors or differences which may appear in the descriptions or photographs of the Products, including slight variations in colours and dimensions. All descriptions of Products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time.
SECTION 3 – PRICES
The applicable prices are the ones shown on the Sites at the moment the Customer places the order. Prices may vary from one Site to another, in accordance with any local peculiarities of the country/territory each website serves. Unless otherwise stated, the prices quoted are total prices that include value added tax. For deliveries to the United States of America and Canada, the prices quoted are the total prices excluding states taxes.
Product and service prices do not include delivery and shipping costs, which will be charged separately, on top of the purchase price, as specified on the respective Sites. Any discount to which the Customer is entitled will be deducted from the price separately. For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
In case of manifest error in the indication on the Sites of the price of any Product that the Customer has ordered, GOFLUO will inform the Customer thereof as soon as possible and give the Customer the possibility to replace an order at the correct price. In any case GOFLUO will cancel the initial order and refund the Customer for this order.
GOFLUO reserves the right to modify the selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the order confirmation email, which are the prices that applied at the time of purchase.
SECTION 4 - CONCLUSION OF CONTRACT
The following applies to all types of Products. All information on our Sites is an invitation to purchase only. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within 6 working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
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If Product(s) are shown on the Sites but are not or no longer available;
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If we are unable to obtain authorisation of your payment;
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If shipping restrictions apply to a product;
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If product(s) shown on our Sites contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;
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If we are unable to process your order due to technical reasons;
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If we know or reasonably suspect an order was fraudulent or made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
SECTION 5 – ORDERING
To place an order, the Customer goes to the Product of his/her choice, chooses the color and size he/she wishes to receive and then clicks on ‘add to cart’. The said Products will be added to its shopping cart.
The Customer may freely modify the order as long as the Products are in the shopping bag. The price of the Products will be automatically displayed in the shopping bag.
Once the Customer has finished making its selection and wishes to validate the content of its shopping bag and confirm its order, the Customer must identify itself. Existing Customers can identify themselves by logging in, new Customers must fill in the necessary fields to create a Customer account.
The Customer must also select a delivery and payment method and will enter its billing and delivery address.
Before proceeding to payment, and placing the order, the Customer must accept both the Privacy Policy and Terms of Use, by ticking the checkbox provided.
Then the total amount of the order to be paid, plus the transportation costs, will be clearly stated.
The Customer will be redirected to a trusted payment provider Shopify Payments, which will securely process the payment.
Once the payment process is completed, the Customer will see an order confirmation page and will receive, in parallel, a confirmation email sent to the provided email address. All contractual details of the order will be communicated to the Customer in the language the Customer selected and confirmed their order in.
At that point, the order can no longer be modified by the Customer.
The Customer can choose to print the order confirmation page. Nevertheless, the Customer will also receive an order confirmation by email.
The Customer will receive an email from our logistic partner when his/her order is dispatched.
Products will remain GOFLUO’s property until the respective Customer pays for the Product in full, i.e. until she/he pays the purchase price and all costs in full.
Data registered GOFLUO’s IT systems, those of its hosting partners or Internet payment partners shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.
SECTION 6 – DELIVERY
We will deliver the Products to the delivery address as stated by the Customer during the ordering process and following the procedures of the local logistic partner. We can only deliver to a home or office address. We will confirm this to you by an email when informing you that the products are ready for you to pick up. If a delivery attempt is unsuccessful and the Customer does not collect the package from the address indicated by the courier service within fifteen days, it shall be returned to GOFLUO. in that case, GOFLUO shall only return the package to the Customer when the package has been received in return (or if returned by the courier service in the event of loss), and the delivery costs of the second delivery shall be borne by the Customer, even if the courier service has not left a notification.
Shipment of orders will take place on business days, not being a public holiday. Delivery times are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery time is exceeded does not entitle you to compensation.
We are entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
The risks of loss and/or damage of the Products shall be transferred to the Customer at the time the Products are delivered to the Customer.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
SECTION 7 - RIGHT OF WITHDRAWAL
Consumers are generally entitled to a right of withdrawal, without the need to provide any reason. Further information on the right of cancellation can be found in the GOFLUO's Return and Refund policy.
SECTION 8 – WARRANTY
In case of defective or non-conforming goods, the Customer should contact customer support at support@gofluo.com. The Customer is entitled to a statutory warranty of two years for the goods as described below.
Upon receiving the defective Product, we will, either repair the defect or replace the Product with a defect-free Product (the “Additional Performance”). The Customer must allow GOFLUO a reasonable opportunity and timeframe to perform the Additional Performance before submitting other warranty claims. If the Additional Performance fails, the Customer may choose to either receive a price reduction according to statutory provisions or terminate the contract.
Service options and availability may vary by country. You may be responsible for shipping and handling charges if the product cannot be serviced in the country it is in. If seeking service outside the original purchase country, you must comply with import/export laws and cover associated duties and taxes. We reserve the right to change the method by which GOFLUO may provide Services to you, and your GOFLUO Product’s eligibility to receive a particular method of service.
The right to termination is excluded if the delivered Products only slightly deviate from the agreed quality or if the contractual or normal use of the Products is only slightly impaired.
Customers must immediately contact Customer Service if they wish to invoke the statutory warranty. In any case, they must inform GOFLUO in writing of the non-conformity within two months after discovering the defect via Customer Service. Failure to do so may result in the warranty claim being voided.
The warranty does not apply to Products that are intentionally or negligently damaged by the Customer, nor to damage resulting from accidents, wear and tear, transportation, or improper use.
For any questions or to initiate a warranty claim, please contact us at support@gofluo.com.
SECTION 9 – SALES FOR PRIVATE PURPOSES
All acts that may negatively affect Customer service are forbidden, including i.e. relabeling the Products, exporting them outside the European Union for commercial purposes. The sale of Products is for private purposes only, and exclusively reserved to private individuals. In no case may the Sites be used by professional Customers, regardless of the method of the marketing of the Products. The Products are offered for sale only for the purchase of usual amounts placed by average customers.
GOFLUO reserves the right to suspend or even refuse to fulfill an order with a Customer if there is a prima facie indication that the order is placed by a professional Customer. The costs incurred by GOFLUO for the verification of compliance of prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement.
SECTION 10 - DISCOUNTS AND DISCOUNT CODES
On a regular basis, we are running special promotions and temporary discount offers which are activated by making use of discount codes and/or by participating in a specified activity or event. These discount codes grant a discount amount or a discount percentage.
The use of any discounts and discount codes are subject to our Discount Terms and Conditions.
SECTION 11 - THIRD-PARTY LINKS
Certain content, Products and services available via our Sites may include materials from third-parties.
Third-party links on our Sites may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Sites, or the Internet. We reserve the right to terminate your use of the Sites for violating any of the prohibited uses.
SECTION 15 - LIABILITY
To the extent legally permitted, GOFLUO cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Sites or of their being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Sites including being hacked or computer viruses.
GOFLUO cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.
SECTION 16 - INTELLECTUAL PROPERTY
For the purpose of this Section, “Intellectual Property Rights” means the Brand, and all rights in and to copyrights, trademarks, design, know-how and registered domain names, including, but not limited to the domain name “GOFLUO” or any translation and/or representation thereof or any related words, as well as all texts, databases containing data published on the Sites, the layout, look and feel, and graphic design of the Sites, the sales catalogue, photos, images, videos and music on the Sites which are subject to protection under copyrights, database rights, trademark rights, patent rights or any other form of intellectual property right.
The Customer is aware of the existence of these Intellectual Property Rights and commits to respect at all times such Intellectual Property Rights. GOFLUO is and remains at all times the exclusive owner of such Intellectual property Rights.
The Customer can therefore not copy, publish, imitate, exploit or use GOFLUO’s’s Intellectual Property Rights in any other way in any form whatsoever without GOFLUO’s's prior written consent. Such consent must be obtained in writing, unless GOFLUO has granted a right to share certain aspects of the Intellectual Property rights via social networks. In such case the grant of rights is limited to the specific elements of the Intellectual Property Rights identified by GOFLUO, to ways of use and social networks for which GOFLUO has made it possible to share them; in any case such grant of right is unexclusive only. Unauthorized use of Intellectual Property Rights may constitute a breach of copyright, trademark or other intellectual property laws and may be subject to criminal or civil charges and penalties.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless GOFLUO and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - GOVERNING LAW and JURISDICTION
These Terms of Use and any claim or dispute related thereto shall be governed by and construed in accordance with the laws of Belgium. Should any disputes arise between the Parties concerning the purchase of Products under these Terms of Use, the courts of the judicial district of Antwerp, Belgium will have exclusive jurisdiction to hear the case.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at info@gofluo.com.