Terms & Conditions

Before using the QIFESH.com website (The Website), please review all of the terms included below, as the terms and conditions 

for the use (Use Terms), the terms and conditions of (The Terms), and additional terms, together with the privacy policy, govern your (customer, you, your, or similar terms) use of the website and any purchases that you make or attempt to make. 

If you do not agree to these terms please exit and do not use the website.

1. GENERAL REMARKS

This website is published by Audentis BV, a company registered in The Netherlands under Chamber of Commerce number: 74063014 with its head office in Amsterdam. The website is available on www.QIFESH.com. Remember that you can always contact us by e-mail: info@qifesh.com.

2. INTELLECTUAL PROPERTY

This Website is the exclusive property of QIFESH, and QIFESH is solely entitled to use and operate the individual and intellectual property rights covering the Website. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is Copyright © 2018 QIFESH, ALL RIGHTS RESERVED. 

The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of QIFESH and is protected. All software used on the Website is the property of QIFESH or its software suppliers and is protected. 

The QIFESH trademark, and all the brand and non-brand marks, and in general all other trademarks, illustrations, images and logotypes that appear on the QIFESH products, their accessories or their packaging, whether or not they are registered, are and shall remain the exclusive property of QIFESH. 

Any reproduction in whole or in part, modification or use of these trademarks, illustrations, images and logotypes for any reason and by any means whatsoever including, without limitation, in a manner that is likely to cause confusion among consumers or in a manner that disparages or discredits QIFESH, is strictly prohibited. 

Any combination or use of the QIFESH trademarks, illustrations, images and logotypes in conjunction with any other trademark, symbol, logotype and more generally any distinctive sign that is intended to form a composite logo is strictly prohibited. 

The use of all or part of the Website, in particular by means of downloading, reproducing, printing, electronically copying, distributing, republishing, displaying, performing or transmitting for purposes other than personal and private use for a non-commercial purpose is strictly prohibited. 

Hyperlinks to our Website may only be created with our written, prior consent. Such consent may be withdrawn at any time. We cannot be held responsible for the content of any websites linked to our Website.

3. PRODUCTS

The QIFESH products featured on the Website are representative of QIFESH’s collection. However, not all QIFESH products are featured on the Website. Not all products featured on the Website are available in the shops. The style, designs, models, colors and prices of the QIFESH products featured on the Website may be modified without prior notice. 

The QIFESH products on the Website can be ordered and delivered in world wide. The products available on the Website are for consumers only, that is, any natural person not acting in the exercise of a profession or business. 

All Products are supplied according to their availability at the time of the Order. Items in the Customer’s shopping cart are not reserved and may be purchased by other Customers until the confirmation of the Order. 

QIFESH guarantees the authenticity of all products purchased on the Website. The original QIFESH products are sold exclusively through selected resellers and the websites www.QIFESH.com & www.QIFESH-OUTLET.com. QIFESH offers the possibility to check if a retailer is authentic on www.QIFESH.com/pages/stores. QIFESH cannot warrant that the goods purchased from other sources will not be counterfeit, tampered with, second-hand or from dubious origins.

4. PRICE

All prices on the Website are indicated in the applicable currency and include VAT and exclude applicable Taxes according to of the Territory the billing and delivery addresses. 

Shipment and delivery fees are not included, unless stated otherwise during the purchase process. Shipping costs are dependent upon the shipping destination and the type of delivery selected during the purchase procedure. Shipping costs will be on the order checkout page and in the Order Confirmation. 

QIFESH is committed to having correct pricing information on the website, but cannot guarantee that no errors occur. In the event that the price of a product is incorrect, QIFESH will provide the customer the option to order the product at the correct price or to cancel the order. If QIFESH fails to contact the customer, the order will be considered cancelled.

5. PURCHASE AGREEMENT & PAYMENT

The purchase agreement entered into by the Parties, is considered closed and the Parties are duly contracted at the time the Customer’s Order properly passes and after QIFESH has received the confirmation of the payment. The Order that has been received by QIFESH is only binding if the entire purchase procedure has been followed properly and correctly, without any errors on the Website. QIFESH is not responsible for any errors caused by a technical failure due to the Internet connection of the Customer. 

Customers can pay for the Products and corresponding delivery costs by iDeal, PayPal, Bancontact and credit card (VISA, MasterCard, American Express, Maestro, Carte Bleue, V-PAY, Bankort, Nordea). 

Transactions are charged to the Customer's credit card after checking all the data and upon receipt of the authorization provided by the issuing company and upon acceptance of the Order by QIFESH.

6. SHIPPING AND DELIVERY

The ordered Product(s) will be shipped to the customer within 1-5 business days, between Monday and Friday, excluding local, national and public holidays, after the confirmation of the order. QIFESH will send the Customer, upon shipment of Order, a further confirmation email. 

The shipping and delivery terms indicated in these T&C, on the Website or otherwise communicated by QIFESH are indicative and not guaranteed. If QIFESH is unable to meet the (estimated) shipping date, QIFESH will notify the Customer accordingly. QIFESH shall not be liable for any damages and costs arising out or in connection with delayed delivery. However, QIFESH strives to deliver the ordered Product(s), except in cases of force majeure, within a maximum period of thirty (30) days after the Customer has placed an order on the website. Unless the waiting time is otherwise indicated on the Website or confirmation e-mail. 

The Product(s) purchased on the Website will be delivered exclusively to the address indicated on the credit card for security reasons, unless indicated otherwise by the Customer. Deliveries can not be delivered to PO Boxes; these orders will not be processed. 

If the shipping address is located outside the European Union, the Customer shall be responsible for assuring that the ordered Product(s) can be lawfully imported. 

For the delivery of the Product(s), the Customer or the authorized person needs to be at the address as indicated in the order. For security reasons the recipient’s signature is required. If the courier offers the delivery to the customer, the Customer must verify: that the number of boxes is equal to the number specified in the shipping documents; that the packaging is not damaged, wet or has any other damage. All damage to the packaging or to the products or any deviation between the actual number of boxes delivered and the number of boxes indicated on the transportation document, must be reported immediately by written note on the delivery documents from the courier company. Once the Customer has signed the transport document of the courier company and no objection has been raised by the Customer, he/she may not object to the external characteristics of the delivered goods. 

The shipping and delivery costs are free in a selected number of European countries. The shipping and delivery expenses for the rest of the world will be based on the destination and the nature of the requested shipping method.

QIFESH retains the full and unconditional ownership of the ordered Product(s) until the Product(s) as well as all other claims of QIFESH are paid in full. The Customer shall in no event have a right of retention with regard to the Product. QIFESH is entitled to repossess the Product if the Customer fails to fulfill any of its obligations under the Agreement and/or if QIFESH infers from the Customer's behavior or communication that the he/she will fail to fulfill any of its obligations under the Agreement. 

All risks in connection with the Product shall pass to the Customer when the Product is delivered at the shipping address specified in the Order. If the Customer refuses or fails to take and/or accept delivery of the ordered Product, the Customer will be charged the actual costs of shipping the Product back to QIFESH.

7. RETURNS & EXCHANGE

The Customer has the right to withdraw from the Agreement and can return the purchased Product(s) within 14 days after delivery without giving any reason. The withdrawal period will expire after 14 days from the day on which the Customer (or a third party indicated by the Customer other than the carrier) received his or her order and the order has to be received by us within 14 days after order delivery. Each delivery contains simple instructions to return the products. 

Products must be returned in a saleable condition meaning that they must be unused with all delivered accessories and in their original packaging with garment tags and any other security devices or seals still attached and intact. You send the product at own risk and expense, without undue delay and in any event no later than14 days from the day on which the Customer acquired physical possession of the ordered Product(s). QIFESH will carry out a reimbursement within 7 days using the same means of payment as the Customer used for the initial transaction. The return cost is waived for orders from €150,-. 

QIFESH reserves the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with. Service for damaged Products by fault of customer is not covered by the warranty and QIFESH cannot be held responsible. 

Online orders cannot be returned at retailers and vice versa. 

If the Customer wishes to exchange a Product, he/she needs to follow the procedure as described on the returns page.

8. DISCLAIMER

The content of this Website may contain inaccuracies or typographical errors. QIFESH shall not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Website. It is up to you to assess the information and any other content available on or through the Website. The Website and the information and products appearing on it are liable to be modified at any time, possibly without further notice or advance warning. 

The visitor is informed that the access of this Website may be interrupted at any time for maintenance, security reasons or any other technical constraint. You agree not to circumvent or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any content or enforce limitations on use of the Website or the content therein. You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any 

requirements, procedures, policies or regulations of networks connected to the Website, including by using any device, software or routine to bypass robot exclusion headers.

9. GUARANTEES

This Website and its contents are provided "as is" and "within the limit of their availability". QIFESH shall not be held liable and provides no guarantee of any kind, whether express or implied, including any guarantee as to the title or the absence of malevolent programs (such as viruses, worms or Trojan horses) or implied guarantee as to merchantability (trade value) or suitability for a particular use, and expressly disclaims all liability and all guarantee. 

QIFESH shall bear no liability and cannot guarantee that the information contained on the Website is accurate, complete or up-to-date, that the Website contains no defect or that any such defect shall be corrected. By using this Website, you agree to do so at your own risk and assume full responsibility for any inability to use the Website, any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the Website, and you agree to hold QIFESH harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Website. In cases where the applicable law does not permit the exclusion of implied guarantees, some or possibly all of the disclaimer clauses mentioned above may not apply to you.

10. LIMITATION OF LIABILITY

QIFESH will not be liable for any damages of any kind arising out of or in connection with your use of the Website. Where permitted by law, this is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. To the extent permitted by law, the limitations on QIFESH's liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms of use, you willingly agree (or, if you are a minor, your parent or legal 

guardian willingly agrees) that you have relinquished your right to seek these damages from QIFESH and that this is a reasonable allocation of risk. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, some or even all of the limitations mentioned above may not apply to you. 

Where permitted by law, you agree to defend, indemnify and hold harmless QIFESH (and its officers, directors, agents, subsidiaries, affiliates, employees and third party service providers) from all claims, demands, losses, liabilities, costs and expenses of every kind or nature, known or unknown, including reasonable legal fees, arising out of (a) your use of and access to the Website, (b) your violation of this Terms of Use, and (c) your violation of any law or the rights of a third party (including, without limitation, any intellectual property or privacy right). The provisions of this section (6) will survive the termination of these Terms of Use and your use of the Website.

11. CHOICE OF LAW

The Website is created, controlled and operated by QIFESH from the Netherlands. As such these Terms of Use are governed by and subject to Dutch law, without giving effect to any principles of conflicts of laws. In the event that they are translated into one or more other languages, only the Dutch text shall be binding in the event of a dispute. Any disputes which may arise under these Terms and Conditions concerning their validity, interpretation, performance, termination and various consequences will be brought before the Dutch courts for adjudication. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. FRAUD PROTECTION PROGRAM

As part of our order processing procedures, we will screen all orders received at www.QIFESH.com for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

13. PRIVACY

By using the Website, the Customer is providing certain personal data to QIFESH. QIFESH will process personal details of the Customer in accordance with the privacy statements as specified below. 

QIFESH uses the following data to process orders: Name and address, telephone number, billing address, e-mail address and payment details. 

The Customer’s privacy is of great importance to QIFESH. Therefor the processing of Customer’s personal data is done with the utmost care and in compliance with the requirements laid down by the Dutch Personal Data Protection Act (DPDA). QIFESH will not provide any personal data to third parties without the Customer’s permission. This privacy statement was last amended on the 17th of February 2018. 

QIFESH has a newsletter to inform those interested of QIFESH’s products. The Customer’s email address will be added to the list of subscribers with his/her explicit consent only. Each newsletter 

contains a link to unsubscribe from the newsletter. 

When you visit our Website, we may, subject to your choices, install various cookies on your Terminal to enable us to recognize your Terminal's browser during the validity period of the cookie concerned. Cookies are small text files that can be read by a webserver in the domain that put the cookie on the Customer’s hard drive. Cookies are used to store the Customer’s preferences and settings. 

To compile analytics, such as how often users visit the Website and what pages they visit when they do so, QIFESH uses Google Analytics. Google Analytics collects the IP address assigned to the Customer’s on the date he/she visits the website. QIFESH only uses the information from Google Analytics to maintain and improve the Website’s technical performance.

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