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Conditions of Sale

Conditions of Sale

  • Conditions of Sale

The following conditions of sale ("Conditions of Sale") is an agreement between you, the customer ("Customer"), and Madcadi Inc., a Delaware corporation and a subsidiary of IDGroup, a French company, ("Madcadi") governing the purchase, or attempted purchase, sale or receipt of any merchandise (collectively, "purchase" or "purchasing") through enfocogallery.com, including any subdomains, any embedded code or objects, and any web services (collectively, "Site"). Hereinafter, Family lifepack shall mean Madcadi, IDGroup, and all parents, subsidiaries, intermediaries and affiliates thereof and all the officers, directors, shareholders, employees and agents thereof.

We may modify these Conditions of Sale at any time, without notice. By your purchase, attempted purchase, sale or receipt of any merchandise from enfocogallery, you indicate your consent to these Conditions of Sale and hereby agree to be bound by these Conditions of Sale.

  • Terms of Use and Privacy Policy

In order to purchase merchandise from enfocogallery, you must access and use the Site, which access to and use of is governed by the Terms of Use. You will also be required to submit information, which is governed by enfocogallery's Privacy Policy. These Conditions of Sale together with the Terms of Use and the Privacy Policy govern your use of the Site and services provided on the Site.

  • Eligibility to Purchase

Purchases are available only to individuals who
(i) can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Moravská Ostrava and of the United States,
(ii) have been issued a valid credit card by a bank acceptable to Family lifepack and who have authorized Family lifepack to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase,
(iii) have a valid address to which merchandise can be delivered. In order to make purchases through the Site, you will be required to register and provide personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

  • Orders

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion. Orders may be placed for personal use only, any commercial use excluded.

All merchandise is sold on a first come, first served basis and is subject to availability. While Family lifepack cannot guarantee the availability of any product, Family lifepack makes a good faith effort to only offer merchandise for sale that is in stock and available for dispatch from our distribution center. Final stock availability is assessed at time of shipping, not at time of purchase.

Family lifepack reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Items in your shopping cart are not reserved and may be purchased by other customers.

  • Pricing Policy

Prices shown on the site are in US Dollars and are exclusive of taxes. If you are shipping within the United States, sales tax will be charged in accordance with local state legislation.

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions listed below. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

  • Payment

Payment can be made by Visa, MasterCard, American Express, PayPal and any other methods which may be clearly advertised on the site from time to time ("Payment Card"). We will not charge your Payment Card until the product is in stock. Payment will be debited and cleared from your account upon dispatch of your order by enfocogallery. All payment card holders are subject to validation checks and authorization by the card issuer. A foreign transaction fee may be charged by your card issuer.

You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

High demand can occasionally cause certain items to be sold out or run out of stock. On the occasion that an item you ordered happens to be out of stock and that your order cannot be fulfilled you will be notified by email. If the out of stock item is out of stock is not expected to come back in stock, Family lifepack will cancel the item from your order. In this case, you will receive a refund for the item or any taxes, shipping or handling charges.

We take all reasonable care to make our Site as secure as possible. All credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secured host environment. These details will be fully encrypted and only used to process card transactions which you have initiated.

  • Insurance and Delivery

Family lifepack ships to all continental states, the District of Columbia, Alaska, Hawaii, Military Addresses and U.S. Territories. All packages are insured by Family lifepack when shipped out of our warehouse. Our carrier partner might require a signature on delivery of any merchandise, including gifts, at which point responsibility for your purchased goods passes to the recipient.

Family lifepack commits to ship all items as rapidly as possible. In the event that items do not leave enfocogallery's warehouse within 30 days of the date Family lifepack accepts your order, Family lifepack shall provide to you by email the option of cancelling your order without penalty.

  • Transfer of risks and specific case

Family lifepack only controls deliveries made by members of its network. As such, the risk of loss of or damage to the goods is transferred to the consumer as soon as the goods are delivered to the address chosen by them when placing the order. In the event that the consumer appoints a third-party logistics company to take charge of the goods at the delivery point specified in the order and to transport them to another location, Family lifepack shall be released from any risk of loss or damage to the goods covered by this third party delivery. In addition, Family lifepack declines all responsibility for the non-conformity of the goods with the regulations and standards applicable in the countries to which the said deliveries are made, which are not on the official list of countries to which Family lifepack goods are distributed.

  • Tracking Your Order

You can check the current status of your shipment by signing into your account and reviewing previous orders. A shipping tracking number will also be provided to you by email once your order has been shipped.

  • Returns, refunds & exchanges

(a) GENERAL RETURN PROVISIONS
If you are not satisfied with the items ordered, you may return your items to Family lifepack within 30 days of your order delivery date for a refund of the item(s) price and taxes, yet excluding the shipping costs. All returned items are subject to a quality assurance inspection process before they are accepted for refund. We cannot accept returned products that have been worn, washed, used, altered or damaged. We reserve the right to refuse return of any item that does not meet the above return requirements as determined in our sole discretion. Shoes must be returned in their original, undamaged shoe box as this is considered part of the product. No refunds will be issued for items marked as final sale (or “Last Chance”) merchandise.

(b) RETURN BY MAIL
You can return any eligible item(s) bought on enfocogallery.com for refund within 30 days of your order delivery date by contacting our customer service at [email protected]. A return authorization form – to be included with your return – and the mailing address will be provided to you. Family lifepack does not pay for nor do we provide prepaid shipping labels. For security reasons, we recommend you ship your return via insured UPS or USPS parcel. Upon reception at our return facility, all returned items will be subject to a quality assurance inspection process before they are accepted. Once accepted, your refund will be credited back to the same method of payment used to make the original purchase on the website once the returned products are received and passed our quality insurance inspection. You will receive an email indicating the return has been processed. It will take up to 5 working days for the refunded funds to show on your statement. Once processed the return will be showing in your Family lifepack account under “My Orders & Returns.”

(c) GIFT ORDERS
Gifts purchased on enfocogallery.com can be returned by the gift recipient who will received a gift card to be used on enfocogallery.com.

(d) RETURNING SHOES
All shoes should be tried on a carpeted surface before wear. Shoes should be returned in their original, undamaged shoe box as this is considered part of the product. Shoes that are returned without boxes or in damaged boxes may not be accepted and may be sent back to the customer without a refund. Customers shall be liable for all shipping costs associated with the return and rejection of all damaged shoes.

(e) SOILED OR USED MERCHANDISE
Upon reception at our return facility, all returned items will be subject to a quality assurance inspection process before they are accepted. We cannot accept returned products that have been worn, used, altered or damaged. A return may not be accepted if it is soiled or shows evidence of wear and tear, and may be sent back to the customer without a refund. We reserve the right to refuse return of any item that does not meet the above return requirements as determined in our sole discretion. Customers shall be liable for all shipping costs associated with the return and rejection of such soiled or used merchandise.

(f) ISSUES WITH RECEIVED ORDER
In the event that you received a different item from what you initially ordered (different size or color) or the order received is otherwise defective, you may return the merchandise following the general return provisions listed above in section 9-a within 30 days for a full refund including all shipping costs. Note that this does not apply if Family lifepack correctly delivered to you the size ordered, but this size did not fit as expected. In this case, you may return this for a refund of the purchase price excluding original shipping costs. In case of a defective item, if the defect is shown to be a manufacturer's defect, you have up to 90 days to return the item.

  • E-gift card

You may spend your e-gift card at once or more, on enfocogallery.com. The e-gift card can be completed with another means of payment. Nominative, your e-gift card cannot be exchanged, returned or credited on a bank account and will not lead to a refund even in case of loss, theft, deterioration or expiration. Any refund asked of items bought with an e-gift card will automatically result in a new e-gift card credited with the amount supposed to be refunded. Valid for a year starting the date of shipping/sending of the e-gift card.

  • enfocogallery Reward Program

(a) THE PARTIES
Between Madcadi, Inc. hereinafter referred to as "Catimini", and any person wishing to join the Family lifepack reward program, hereinafter referred to as the "Beneficiary".

(b) ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
The Beneficiary acknowledges having read and accepted the general conditions of use of the Family lifepack reward program. These terms and conditions are available on the website www.enfocogallery.com. Family lifepack reserves the right to modify at any time the general terms and conditions of use of its reward program and/or promotional offers linked to the reward program, or to terminate it. Should any rewards, rights or compensatory item not have been redeemed prior to an event of termination or applicable modification, a member shall not have a right to any compensation whatsoever. Points accruing under the reward program have no cash value and may not be transferred.

(c) PRINCIPLES TO BE RESPECTED
Any fraud or abuse in the accumulation of reward points by the Beneficiary may result in the immediate loss of points as well as the cancellation of benefits issued. Family lifepack also reserves the right to claim from the Beneficiary who has been guilty of fraud in the reward program, the return of any sum that has been wrongfully received by the Beneficiary, subject to any legal proceedings that may result, including criminal proceedings.

(e) LOYALTY BENEFITS AND ACCUMULATION OF POINTS
Purchases made on www.enfocogallery.com allow you to accumulate points, at the rate of 10 points = 1 EUR purchase.
A purchase is equivalent to a checkout or payment validation of an order on www.enfocogallery.com under the following conditions:
- a purchase is taken into account regardless of the method of payment used (credit card or Paypal)
- A purchase made with a gift card will not accrue points, but a purchase of a gift card will accrue points.
- When a purchase is made on our website, Reward points will be credited to the customer's account at the time the order is shipped.
When the 2500 points threshold is reached, you can immediately redeem your points for a ten (10) EUR gift card that can be used within three (3) months from its date of issue. Failure to use the points within the three (3) month period shall cause the points to be cancelled. Any excess points earned will be accumulated with subsequent purchases. The points balance can be consulted on the website in the My Account / Earn ♥ Rewards area.

(l) PERSONAL DATA
The Beneficiary's personal data is collected and processed by enfocogallery to send advantages and communications linked to the Reward Program. It may also be processed to identify possible loyalty fraud.
enfocogallery, concerned about the protection of personal data, undertakes to ensure the best level of protection for the user's personal data in accordance with US personal data law.
At any time, you have the right to access, rectify, delete and oppose data concerning you. To exercise these rights, simply write indicating your surname, first name, address to: enfocogallery Customer Service, (+420)333497987 or by contacting us by email: [email protected].

  • Images

Family lifepack has made every effort to display as accurately as possible products that appear on the Site. Nonetheless, due to lighting conditions, differences in monitor types and display settings, merchandise colors, materials and patterns may appear slightly different than they actually are. Family lifepack is not responsible for such visual differences.

  • Limitations on Liability

Family lifepack will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. In the absence of gross negligence or negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

  • Dispute Resolution and Binding Arbitration

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Moravská Ostrava without giving effect to any choice or conflict of law provision or rule (whether of the State of Moravská Ostrava or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Moravská Ostrava.

  • Governing Law and Jurisdiction

YOU AND CATIMINI ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CATIMINI WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  • Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  • No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of enfocogallery.

  • No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected] ; or (ii) by personal delivery, overnight courier, or registered or certified mail to enfocogallery Janovského 2423/4, Moravská Ostrava, 702 00. We may update the email number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  • Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  • Entire Agreement

These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Last update May 20th 2021