FENETE TERMS OF USE

Access and Use of the Website

Your access to and use of the websites operated by FENETE (collectively, the “Site”), including mobile-optimized versions, are subject to these Terms of Use (“Terms”), which we may update from time to time. Please read these Terms carefully before accessing or using the Site. By accessing, browsing, or using any services on this Site, or by submitting any information to FENETE, you agree to comply with and be bound by these Terms, including but not limited to the following: conducting transactions electronically, disclaimers of warranties, and limitations of liability and remedies.

We may revise these Terms at any time by updating this page. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

Definitions and Updates to Terms

The terms “we,” “us,” and “our” refer to FENETE and any of our affiliated companies, as appropriate to the context. “You” refers to any person accessing or using the Site. Both you and we may be referred to individually as a “party” and together as the “parties.”

From time to time, we may update the Site and these Terms. By accessing or using this Site after we post any changes to these Terms, you agree to the revised Terms. We encourage you to review these Terms periodically to stay informed about any updates.

FENETE reserves the right, in its sole discretion, to modify, suspend, or discontinue the Site or any part thereof, at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site. However, where possible, we will provide reasonable advance notice of any significant changes.

You acknowledge and agree that you do not have any ownership rights to the Site, and FENETE may, at its discretion, terminate your access to the Site or remove any content you have posted without prior notice. This termination may occur without liability to you, provided it is in accordance with applicable law.

FENETE Content

The content on this Site provided by FENETE or its licensors, including but not limited to graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of these elements (collectively, “FENETE Content”) is the property of FENETE and its licensors. This content is protected by applicable trademark, copyright, and other intellectual property laws. Nothing on this Site should be interpreted as granting any license or right to download, use, copy, or modify any FENETE Content, except as expressly permitted by these Terms or applicable law.

You agree not to download, display, or use any FENETE Content for any commercial or non-commercial purpose that is not authorized by FENETE. Specifically, you agree not to use FENETE Content in connection with products or services that are not those of FENETE, in any manner that may cause confusion among consumers, that disparages or discredits FENETE or its licensors, that dilutes the strength of FENETE’s or its licensors’ trademarks, or that otherwise infringes on FENETE‘s or its licensors’ intellectual property rights. You further agree not to misuse any FENETE Content that appears on this Site in any other way.

Use of the Site and Posting Policy

The following requirements apply to your use of the Site:

(a) You agree not to use any electronic communication feature of the Site for any purpose that is unlawful, abusive, invasive of another’s privacy, harassing, defamatory, obscene, threatening, hateful, or otherwise inappropriate, as determined by FENETE in its sole discretion.

(b) You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright, trademark, or any other intellectual property right (including rights of privacy and publicity) without the explicit permission of the owner of such rights.

(c) You agree not to collect or store personal data about other users in violation of applicable privacy laws.

(d) You agree not to use the Site for any commercial purpose not expressly approved in writing by FENETE.

(e) You will not upload, post, or transmit unauthorized advertising, promotional materials, or any other form of unsolicited communication through the Site.

(f) You agree not to upload or distribute any content that contains viruses, malware, or other harmful code that could interrupt, limit, or interfere with the functionality of the Site or any related system.

From time to time, certain areas of our Site may allow you to submit reviews, questions, posts, images, and other materials (“User Content”). By submitting or posting such content, you agree:

  • Not to submit or post any content that is unlawful, harmful, defamatory, obscene, threatening, harassing, abusive, hateful, racist, or otherwise inappropriate as determined by FENETE.
  • Not to submit or post any content that contains personal information about any individual without their explicit consent or violates privacy or publicity rights.
  • Not to impersonate any person or organization or misrepresent your affiliation with any entity.
  • Not to submit content that contains viruses, corrupted files, or any other harmful software or code.

Termination of Account and Removal of Content

You acknowledge that you do not have ownership rights to any account you may have with us, or to any access or use of the Site. FENETE may cancel your account and delete all associated User Content at any time, without notice, if FENETE determines that you have violated these Terms or any applicable law. FENETE is not liable for any removal of User Content and reserves the right to restrict access to the Site or terminate user accounts.

Content Moderation

FENETE reserves the right, in its sole discretion, to modify, edit, or remove any User Content or request that you modify or edit your content. If FENETE receives a complaint or notice regarding allegedly infringing content, it may act in compliance with the Dutch Copyright Act (Auteurswet) and the EU Digital Services Act, including by removing or disabling access to such content. FENETE assumes no liability for such actions.

License to User Content

By submitting or posting any User Content, you grant FENETE an irrevocable, non-exclusive, worldwide, royalty-free license to use, modify, publicly perform, display, distribute, and sublicense such content in any media now known or later developed. You waive all moral rights in and to any User Content you submit, to the extent permitted by applicable law, in favor of FENETE.

Ownership of User Content

You retain ownership of any intellectual property rights you hold in the User Content you submit. However, by posting User Content on the Site, you represent and warrant that you own the content or have the necessary rights to grant the license described above. Your User Content must not infringe upon the rights of third parties, including intellectual property, privacy, or contractual rights.

Indemnification

You agree to indemnify and hold FENETE, its affiliates, employees, and contractors harmless from any claims, damages, and expenses, including reasonable attorneys’ fees, arising from your violation of these Terms, including the Posting Policy, or from any content you submit, post, or transmit through the Site.

Rules for Promotions

Any sweepstakes, contests, or other promotions (collectively, “Promotions”) made available through the Site may be governed by additional rules that are separate from these Terms. If you participate in any Promotions, please review the applicable Official Rules as well as our Privacy Policy. In the event of a conflict between these Terms and the Official Rules for a Promotion, the Official Rules will take precedence.

Note: All Promotions conducted on the Site will comply with the relevant laws and regulations applicable in the Netherlands, including the Dutch Gambling Act (Wet op de kansspelen) where applicable, as well as EU consumer protection laws. FENETE reserves the right to modify or cancel Promotions as required to ensure legal compliance.

Accounts, Passwords, and Security

Certain areas of the Site may require registration or the provision of personal information to access certain features or content. If you choose not to provide the requested information, you may not be able to access all areas of the Site or participate in certain features.

If you are required to create an account or submit personal information, you agree to provide current, complete, and accurate information during the registration process. It is your responsibility to keep your registration data up-to-date, and FENETE will not be held liable for any loss resulting from your failure to do so.

During registration, you will be required to provide a valid email address and create a password. You are solely responsible for maintaining the confidentiality of your password and any other account credentials. Additionally, you are responsible for all activities that occur under your account, whether authorized by you or not. You agree to notify FENETE immediately of any unauthorized access or use of your account or password, and you agree to take reasonable steps to prevent such unauthorized use.

You agree not to share, post, or distribute your account credentials (such as your user ID or password) to any third party. FENETE will not be liable for any loss or damage that arises from unauthorized use of your password or account, whether or not you have notified us of the breach. However, once you notify FENETE of a security breach, we will take reasonable steps to secure your account and prevent further unauthorized access, but we are not liable for any delay in taking these actions.

Use of Credit Card

If you wish to purchase any product or service available through the Site, you may be asked to provide information relevant to your transaction, such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting this information, you represent and warrant that you have the legal right to use any credit card(s) provided for the transaction.

By submitting such information, you authorize FENETE or third-party service providers on our behalf to process your payment information to complete the transaction. We take appropriate steps to ensure that your personal data, including payment information, is processed securely and in compliance with the General Data Protection Regulation (GDPR). However, verification of your information may be required before acknowledging or completing your order.

Your payment data will be transmitted securely through SSL encryption or other compliant technologies, and will only be shared with third parties necessary for processing your order (e.g., payment processors, shipping services), in line with our Privacy Policy.

Terms of Sale

Shipping and Taxes
FENETE currently ships orders within the Netherlands and to select international countries. Orders in the process of being shipped cannot be modified. FENETE calculates applicable sales tax based on the shipping address at the time of purchase, in compliance with local laws and tax regulations. International customers may be subject to additional customs duties and import taxes, which are the responsibility of the customer.

For payments made via PayPal or other third-party payment services, the transaction is subject to the respective terms and conditions of those services. FENETE does not control these third-party terms, so we encourage you to review PayPal’s terms or those of the payment provider you choose.

Product Pricing and Availability
Despite our best efforts to ensure accuracy, occasional pricing errors or discrepancies may occur on the Site. The availability of products displayed on the Site is not guaranteed. FENETE reserves the right to correct errors in pricing, descriptions, or availability and to cancel any order placed under incorrect terms.

If you place an order for an item listed at an incorrect price or availability, we reserve the right to cancel the order even if you have received an order confirmation. In such a case, we will promptly notify you, and if your credit card has been charged, we will issue a refund for the full amount charged. The timing of when this refund is credited to your account depends on your bank’s policies.

Color and Product Display
We make reasonable efforts to accurately display the attributes of our products, including colors. However, due to differences in computer monitors and devices, we cannot guarantee that the color displayed on your screen will exactly match the product you receive.

Payment Terms
We accept Visa, MasterCard, and other major credit cards as specified at checkout. Separate charges for shipping and handling will be added to your total order. Title to the products you order, along with the risk of loss or damage, will pass to you once the goods are shipped from FENETE‘s facilities.

Order Confirmation and Acceptance
After you place an order, you will receive an email acknowledging receipt of your order. This acknowledgment does not constitute acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, pricing errors, or suspicion of fraud. You will be notified if your order is canceled, and any charges to your credit card will be refunded in full.

Legal Compliance
By placing an order, you represent that you are in compliance with all applicable local, state, federal, and international laws related to the purchase, possession, and use of the products you order. FENETE is not responsible for your compliance with laws specific to your jurisdiction, and it is your responsibility to ensure the lawful use and possession of the products ordered.

Representations and Limitations of Liability

To the fullest extent permitted by applicable law, FENETE makes no representations or warranties regarding the reliability, availability, accuracy, or functionality of the Site, FENETE Content, User Content, or any features or services available on the Site. FENETE disclaims all liability for any service failures, and you agree that any reliance on the Site’s material or systems is at your own risk. FENETE makes no guarantees concerning the duration or preservation of any FENETE Content or User Content posted or available on the Site.

User Content provided by third parties is not endorsed, verified, or guaranteed by FENETE, and should not be considered as such. You agree not to create or disseminate information, including but not limited to advertisements, press releases, or marketing materials, that suggest an endorsement by FENETE without prior written approval from FENETE.

This Site is provided on an “as is, as available” basis. To the fullest extent permitted by law, FENETE makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. No warranties are made with respect to the quality, content, functionality, or performance of the Site, or the products and services available through it.

Limitation of Liability

Under no circumstances, including but not limited to negligence, shall FENETE (including its officers, directors, employees, suppliers, or contractors) be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from your use of, or inability to use, the Site or any products or services offered on the Site. These include, but are not limited to, damages arising from:

  • Errors, interruptions, or delays in service.
  • Loss of data or unauthorized access to the Site’s systems or records.
  • Loss of profits, goodwill, or business reputation.
  • Damage to your hardware or software systems.

In addition, FENETE will not be liable for any damage resulting from your use of, or inability to use, third-party websites linked from this Site, even if FENETE has been advised of the possibility of such damages.

Exclusions and Limitations

Some jurisdictions do not allow limitations on implied warranties or the exclusion of liability for certain types of damages. In such cases, the liability of FENETE shall be limited to the maximum extent permitted by applicable law. However, to the extent allowed under Dutch and EU consumer protection laws, these exclusions and limitations of liability shall apply.

Notice of Defects

In compliance with Dutch and EU consumer protection laws, you are entitled to notify us of any defects or issues with the products you purchase from our Site. You must inform us of any defects within two months from the date you discover the defect, or as otherwise stipulated by applicable consumer laws.

Jurisdiction and Legal Compliance

The Site is controlled and operated by FENETE from within the European Union (EU). It is intended solely for use by individuals located in the EU and is not intended to subject FENETE to the laws or jurisdiction of any country outside the EU.

FENETE reserves the right to limit the availability of the Site, in whole or in part, to any person, geographic area, or jurisdiction at any time and at its sole discretion.

Any disputes arising out of or related to the use of the Site or these Terms shall be governed by the laws of the Netherlands, without regard to its conflict of law principles. You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Amsterdam, the Netherlands, and you consent to the jurisdiction of and venue in such courts.

Products and services described on this Site are available only in jurisdictions where they may legally be offered for sale. This Site does not constitute an offer or solicitation in any jurisdiction where such an offer cannot legally be made, or to any individual to whom it would be unlawful to make such a solicitation.

Third Party Websites

This Site may contain hyperlinks to websites not maintained by or related to FENETE (collectively, “Third Party Websites”). These hyperlinks are provided as a convenience to you and do not imply any endorsement or affiliation with these Third Party Websites. FENETE does not review, control, or monitor the content, completeness, or accuracy of any information found on these Third Party Websites and makes no representations or warranties regarding them.

When you click on a hyperlink to a Third Party Website, you leave the Site and your interactions with that Third Party Website are governed by its terms of service and privacy policy. FENETE is not responsible for the collection, use, or handling of your personal information by these Third Party Websites. We strongly encourage you to review the privacy policies and terms of service of any Third Party Website you visit.

By using this Site, you acknowledge and agree that FENETE shall not be liable for any damages or losses incurred as a result of your use of or reliance on any Third Party Websites, including any information, content, products, or services available through such sites. Your use of any Third Party Websites is at your own risk.

Dispute Resolution Including Binding Arbitration

For purposes of this Dispute Resolution section, references to “FENETE” or “we” include our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as FENETE’s officers, agents, employees, licensors, predecessors in interest, successors, and assigns.

To the fullest extent permitted by applicable law, you and FENETE agree to arbitrate any dispute, controversy, or claim arising out of or relating to the Site, access or use of the Site, these Terms, the Privacy Policy, and/or your relationship with FENETE (collectively, “Dispute”). This includes, but is not limited to:

  1. Claims that arose before the existence of these or any prior Terms (including, but not limited to, claims related to advertising);
  2. Claims currently the subject of purported class action litigation in which you are not a member of a certified class;
  3. Claims that may arise after the termination of these Terms.

The term Dispute shall be interpreted broadly.

Notwithstanding the foregoing, either you or FENETE may elect to have a claim heard in small claims court, provided the case qualifies for that court and proceeds on an individual (non-class, non-representative) basis.

Both parties agree that these Terms reflect a transaction in interstate commerce; thus, the Federal Arbitration Act governs the interpretation and enforceability of these arbitration provisions. These arbitration provisions shall survive the termination of these Terms.

Mandatory Informal Dispute Resolution Process

FENETE is committed to resolving any issues that may arise through customer service. In the unlikely event that a Dispute cannot be resolved through customer service, both parties agree to engage in good faith in this mandatory informal dispute resolution process for sixty (60) days (which can be extended by mutual agreement) before initiating arbitration or a small claims court proceeding.

To commence this process, either party must send the other a written notice (“Notice”) that includes the following information:

  1. The claimant’s name, address, phone number, and email address;
  2. A detailed description of the nature and basis of the claims, including information about any underlying transaction;
  3. A detailed description of the nature and basis of the relief sought, including any damages sought (and a calculation for them);
  4. The personal signature of the claimant.

If a Notice is incomplete, the process will not commence until all required information is provided.

If you send us a Notice, it should be sent to: FENETE Jacques Oppenheimstraat 20-3,1063PS, Amsterdam. If we send you a Notice, it will be sent to the contact information we have on file for you.

The party sending the Notice must provide the other party sixty (60) days after receipt of the Notice (with all required information) to investigate and seek to resolve the claim. If the party receiving the Notice requests an individualized settlement discussion by phone call or video during this period, both parties agree to personally participate (with counsel, if represented). This discussion may take place, if necessary, after the sixty (60) day period has ended.

Any applicable limitations period (including statute of limitations) will be tolled from the time a Notice is received until completion of this process. An arbitration proceeding may not commence until after the Mandatory Informal Dispute Resolution Process has concluded.

All provisions of the Mandatory Informal Dispute Resolution Process are essential to ensure that both you and FENETE have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. Additionally, unless prohibited by applicable law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with such an arbitration. If arbitration is pending, it must be administratively terminated without prejudice.

Class Action Waiver and Jury Trial Waiver

You and FENETE agree that, to the fullest extent permitted by applicable law:

Individual Claims Only: Each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity. Neither party may participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that:

You and FENETE may not bring a claim on behalf of a class or group.

You may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor, or in another similar capacity for an individual who cannot otherwise bring their own individual claim.

You and FENETE may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. However, you or FENETE may participate in a class-wide settlement.

Jury Trial Waiver: To the fullest extent permitted by applicable law, both parties also agree to waive any right to a trial by jury.

Miscellaneous

No Partnership: Both you and FENETE acknowledge and agree that no partnership is formed, and neither party has the power or authority to obligate or bind the other.

Personal Information: On certain areas of our Site, you may provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

Force Majeure: The failure of FENETE to comply with these Terms due to acts of God, war, fire, riot, terrorism, earthquakes, actions of federal, state, or local governmental authorities, or any other reason beyond FENETE’s reasonable control shall not be deemed a breach of these Terms.

No Waiver of Rights: If FENETE fails to act with respect to your breach or anyone else’s breach on any occasion, this does not waive its right to act with respect to future or similar breaches.

Severability: Except as specifically provided herein, if any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Binding Agreement: These Terms constitute a binding agreement between you and FENETE, accepted by you upon your access to or use of the Site or your account. These Terms constitute the entire agreement between you and FENETE regarding your access to or use of the Site and your account.

Capacity: By accessing or using the Site, you represent that you are capable of entering into a binding agreement and that you agree to be bound by these Terms.

Breach of Terms: If you breach any provision of these Terms or our Privacy Policy, you may no longer use the Site. FENETE may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity.

Post-Termination Effect: If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use.

Exclusive Remedy: If you are dissatisfied with the Site, these Terms, or our Privacy Policy, your sole and exclusive remedy is to discontinue accessing or using the Site.

Survival of Provisions: The FENETE Content, Representations, Limitations of Liability, Indemnity, Jurisdiction, and Miscellaneous provisions in this agreement shall survive any termination of this agreement.