Last updated: August 22, 2024
GENERAL TERMS OF USE of foyzo.com
1. SUBJECT
This Document constitutes the general terms and conditions or terms of use of foyzo.com and the Foyzo mobile application, which govern the rules for the use of foyzo.com and the Foyzo mobile application, including the conclusion of a purchase contract with a seller from this e-shop.
2. DETAILS OF THE ADMINISTRATOR OF THE PLATFORM www.foyzo.com
2.1. Foyzo Ltd (hereinafter referred to as “Foyzo”) is a limited company with Company number 13349554 and registered office and registered address 69 Beaufort Park, London, United Kingdom, NW11 6BX.
2.2. Foyzo Ltd administers the e-shop, in the form of the foyzo.com website, as well as the Foyzo mobile application (hereinafter referred to as the “Platform”). On the Platform, products and services of entities other than Foyzo are displayed by individual sellers on foyzo.com. The rights and obligations of an intermediary service provider are exercised/performed by Foyzo Ltd.
The website www.foyzo.com is licensed to Foyzo Ltd, a company based in the United Kingdom.
2.3. You may contact Foyzo at the above address, by telephone on +44 7392 006 006 or by email at [email protected]. More information on charges can be found in the “Contact Us” section of the Platform.
2.4. A seller on the Platform may be any person who offers goods or services to third parties for commercial purposes and has entered into a relevant contract for this with Foyzo.
3. DEFINITIONS
3.1. Customer – any person 18 years of age or older, legal person or other legal entity that meets one or more of the following conditions:
3.1.1. accesses the Content through the means of communication provided by Foyzo (electronically, by telephone, etc.) or under an existing use agreement with Foyzo and who has requested the creation and use of an Account;
3.1.2. after creating an Account on the Platform, places an order and enters into a distance purchase contract through the Foyzo eCommerce Platform with Foyzo Warehouse or another seller.
3.2. User – any person 18 years of age or older, legal person or other legal entity who has registered on the Platform and who, by completing the Account creation process, has consented to certain provisions in the Terms and Conditions section of the Platform
3.3. Seller – Foyzo Warehouse or any other person offering products or services on the Platform.
3.4. Foyzo Marketplace – Foyzo’s e-commerce platform provided to other sellers by Foyzo through which they offer their goods or services for sale
3.5. Website – the e-shop hosted on the Foyzo.com web address and its subdomains, including the Foyzo mobile application
3.6. Platform – the Foyzo website or the Foyzo mobile application
3.7. Account – a section of the Platform, formed by an email address and a password, which allows the Customer to submit an Order and which contains information about the Customer and the history of some of the Customer’s actions on the Platform (Orders, tax invoices, etc.). The Customer is responsible for ensuring that all information entered in the Account is correct, complete and up-to-date. Within the Website, an individual or legal entity is entitled to create one Account.
3.8. Favourites – a section within the Account that allows the Customer to create their own lists of Goods and Services that they wish to track in relation to potential purchases by using the service offered by Foyzo to track Goods and Services through their receipt of Commercial Messages.
3.9. List – a section in the “Favourites” section where the Customer can add products in which he is interested
3.10. My Cart – a section in the Account that allows the Customer to add Goods or Services that they wish to purchase at the time of adding them or at a later stage; in the event that the Goods and Services have not been purchased at the time of adding them by completing an Order the Customer may take advantage of Foyzo’s service of tracking Goods and Services through Foyzo’s receipt of Commercial Messages.
3.11. Order – an electronic document constituting a form of communication between Foyzo and the Customer through which the Customer indicates to the Seller, via the Platform, its desire to purchase Goods or Services from the Platform.
3.12. Pre-Order – An Order that is placed for Goods that are not in Foyzo’s or Foyzo’s Supplier’s warehouse. If you place a Pre-Order for a Good, one of our consultants will check the delivery date and contact you with more information about the availability of the Good.
3.13. Good(s) or Service(s) – any product or service or digital content found on the Platform, including products and services mentioned in the Order, which are provided by the Seller as a result of a Contract.
3.14. Campaign – any promotional message aimed at promoting the Platform, the Foyzo brand or certain Goods and/or Services which are available in limited availability, unless the commercial message expressly states otherwise, for and/or a specific period of time specified by the Seller.
3.15. Unlawful Content – any content that does not comply with applicable law or this document. For more details on the types of illegal content, and the procedure for reporting suspected potentially illegal content displayed on the Website, see the Digital Services Act section.
3.16. Contract – means the contract between the Seller and the Customer for the purchase of Goods and/or Services remotely through the Platform, based on and forming an integral part of which are these terms and conditions of use of the Platform (“the Document”).
3.17. Content
– All information on the Platform that is accessible through a connection to the Internet and the use of a device having a connection to the Internet;
– the content of any communication from the Customer to Foyzo and/or the Seller sent by electronic means and/or any other means of communication available;
– any information provided, by any means, by an employee/associate of Foyzo and/or any other Seller to the Customer by electronic or other means of remote transmission;
– information on the Platform relating to the Goods and/or Services and/or the rates applied by the Seller at any particular time;
– the information on the Platform relating to the Goods and/or Services and/or applicable tariffs from third parties with whom the Seller has entered into any form of affiliation agreement;
– data concerning the Seller on the Platform.
3.18. Commercial messages – any type of message sent via electronic communication channels (such as email, SMS, mobile device push/web push etc. ) containing general and thematic information, information about similar or relevant products to the ones being purchased, information about offers or promotions from Foyzo, another Seller or a company of the group of companies to which Foyzo belongs, information about the Goods and Services added to the “Account/My Cart” section or the “Account/Favourites” section, and other commercial messages such as market and consumer research.
3.19. Refund – the action by Foyzo to return an amount paid by the Customer as a result of cancellation, termination, refusal or failure to enter into a Purchase and Sale Agreement through the Platform.
3.20. Specifications – all characteristics and/or descriptions of the Goods and Services as set out in their description.
3.21. Review – a written evaluation by the owner or user of a product or service based on the evaluator’s personal experience and ability to make qualitative comments and express an opinion as to whether or not the product or service meets the manufacturer’s stated specifications.
3.22. Rating – a method of calculating the level of satisfaction of a customer/user with respect to a particular product. The rating is expressed in the form of stars, and each product may receive a rating from one to five stars. This level of satisfaction will always be accompanied by the review written by the Customer of a product or service.
3.23. Comment – a rating or critical remark at the end of a Review or other comment by a Customer/User.
3.24. Question – a form of address from a Customer/User to other Customers/Users in order to obtain information about particular Goods or Services on the Platform.
3.25. Answer – written information that is transmitted to the Customer/Consumer who has asked a question on the Platform, on the page of a particular Good. An Answer is an explanation provided by one Customer/Subscriber to another Customer/Subscriber within a single dialogue.
3.26. The RRP is a recommended retail price for Goods which is provided by the manufacturer and/or distributor to the Seller as the Selling Price is independently formed by the Seller. The sole purpose of this information is to assist the Buyer/Customer/User in their decision to purchase the Goods. The purpose of marking this information less clearly is to avoid confusion and that the decision to buy the Goods at the Selling Price is clear
3.27. “Sale Price” represents the value of the Goods called and asked for by the Seller, clearly indicated to the Seller / Customer / User respectively. The Seller may clearly, in a conspicuous manner, indicate the value of the amount in difference between the Selling Price and the RRP and/or the value in percentage between the Selling Price and the Discounted Price.
3.28. “SEARCH ALGORITHM” The search algorithm is automated and consists of 3 components: the text match (the result representing the match between the search term and the product data), the popularity of the product on the Foyzo platform and its performance in this search (the interest of users over time in the product for the respective search).
Temporary changes (e.g. promotional period), application of filters, services offered on the Foyzo platform will not influence the calculation and application of the algorithm.
3.29. “Recommendation System” – Means the system used by Foyzo to suggest specific information on the Website or to prioritize the information displayed, including ranking or algorithmically prioritizing the Goods or Services displayed on the Website, either by default or as a result of a search. When searching the Website, search results are displayed based on the search algorithm.
4. GENERAL
4.1. The Foyzo Terms and Conditions are binding on all Customers of the Platform.
4.2 Any use of the Platform means that you have (a) carefully read the terms and conditions of use and (b) agreed to comply with them unconditionally.
4.3 Foyzo reserves the right to update and amend the Platform Terms and Conditions from time to time to reflect any changes to the way the Website operates and the Terms and Conditions or any changes to legal requirements. The document may be objected to by Customers from the moment it is published on the Platform. In the event of such a change, we will post the amended version of the Document on the Platform, so we ask you to check the contents of this Document periodically. Any transaction via the Platform shall be subject to the terms and conditions in force at the time of the conclusion of the distance contract between the Customer and the Seller.
4.4. If any of the provisions of these terms and conditions of use of the Platform are found to be invalid or unenforceable, regardless of the reason for such invalidity or unenforceability, this shall not render the remaining provisions invalid or unenforceable.
4.5. Foyzo and the Marketplace Sellers shall use reasonable efforts to maintain the accuracy of the information presented on the Platform. However, in view of possible technical errors or omissions in this information, Foyzo specifies that the images of the Products are illustrative and indicative in nature, accordingly the Products delivered may differ from the images.
4.6. It is possible that, due to limited space and the consistent structure of the information, product descriptions may sometimes be incomplete. However, Foyzo strives to provide the most relevant and important information.
4.7. All goods, including those on promotion/discount, are sold and delivered while stocks last, even if this is not explicitly stated on the Platform.
4.8. The Platform may contain links to other websites. Foyzo is not responsible for the privacy policies of websites that it does not administer, or any other information contained therein.
5. CONCLUSION OF A CONTRACT
5.1. The Customer expresses his/her wish to order and purchase Goods and/or Services through the Platform by placing an Order electronically or by telephone and which is accordingly registered by him/her or by an employee of Foyzo on his/her behalf.
5.2. Foyzo will send a notification to the Customer of the registration of the Order in its system, which shall not have the meaning of acceptance, confirmation or commitment to its execution. This notification shall be made by Foyzo electronically (email) or by telephone.
5.3. The Seller shall therefore have the right not to deliver some or all of the Goods or not to perform some or all of the Services of the Order for various objective reasons, including but not limited to running out of stock. In any event, Foyzo shall notify the Customer by email or telephone. In this situation, the Seller’s sole responsibility shall be to refund any price previously received for the Goods or Services.
5.4. The distance purchase contract between the Seller and the Customer shall be deemed to have been concluded at the time the Customer receives notification by email and/or by SMS sent to the Customer’s telephone that the Order Goods are ready for dispatch or the Service can be provided. Such message shall contain a notification that the Customer will be further notified by a courier of the exact date of delivery. Foyzo is not a party to any distance purchase contract concluded through the Platform for Goods/Services offered by Marketplace Sellers.
5.5. The Purchase Contract concluded between the Customer and the Seller consists of these General Terms and Conditions and any additional agreements between the Seller and the Customer. The warranty certificate for each Goods will either accompany it or be loaded into the relevant Customer’s Account and will be issued by the Seller or its supplier.
6. ONLINE SALE POLICY
6.1. Any Customer is permitted to access the Platform for the purpose of registering an Order.
6.2. Foyzo reserves the right, at its sole discretion, to restrict a Customer’s access to place an Order and/or to any of the available payment methods if the Customer abuses its rights in any way and this is to the detriment of Foyzo or a third party. In this situation, it is the Customer’s right to contact Foyzo’s Customer Relations Department to be informed of the reasons that have led to the application of the above measures. In such cases, Foyzo shall not be liable for any damages that the Customer has suffered or may suffer as a result of this action.
6.3. The Customer shall be entitled to post opinions on Goods and/or Services and to contact Foyzo at the addresses indicated in the “contact” section of the Platform. Posts or messages that contain profanity or inappropriate vocabulary will be removed from the Platform or ignored.
6.4. Communication with the Seller can be made by contacting him directly or at the addresses indicated on the Platform in the “Contact” section.
6.5. In the event of unusually high traffic on the Internet, Foyzo reserves the right to require Customers to manually enter captcha-type validation codes in order to protect the information published on the Platform.
6.6. Foyzo may publish advertising or promotional information about the Goods and/or Services and/or promotions offered by it or other sellers on the Platform, for a specified period of time.
6.7. All prices of the Goods and/or Services on the Platform are final and are quoted in the currency that the customer chooses (Prices are automatically calculated and converted based on exchange rates by a 3th party plugin) or Automatically switched by the Geolocation function, and inclusive of VAT and any other taxes or fees required by law.
6.8. In the cases provided for by law, the price of Goods, type of electronics, advertised on the Platform include a green fee. In the event that the Customer requests details of the exact amount of the surcharge added to the price of the Goods, the Customer should contact Foyzo’s Customer Relations department.
6.9. In the case of online payments or payments by bank transfer, the Seller shall not be liable in any way for any costs in connection with fees, commissions or other additional payments incurred by the Customer or its bank in connection with the transaction itself, or in the case of currency exchange applied by the bank issuing the Customer’s card. Payment by card to the Seller via Stripe or PayPal is accepted as a local and international payment by banks and according to their rules for handling cards and card payments for this type of transaction some banks charge additional fees. The costs associated with such payments are borne by the Customer. Therefore, Foyzo recommends its customers to check with their bank for any additional fees that may be charged for on-line or bank payments.
6.10. All images placed on the Platform are only intended to give some idea of the type of Goods/Services offered and not to represent them accurately. Accordingly, it is possible that some of the images of the Goods or Services on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the relevant Goods or may give the wrong impression of the Service offered. The Seller shall not be liable for such discrepancies.
6.11. After 14 (fourteen) days from the time of purchase of a Good or Service, the Customer may be asked to review the Good or Service purchased. This request will be sent to the email address through which the Customer has registered his Account. By giving a review, the Customer contributes to better informing other possible Customers and is actively involved in the development of new services and in the more detailed description of the features of the Products.
7. MISUSE AND CORRECTIVE MEASURES
7.1. Access for the purpose of using the Website and placing an Order is permitted to any Customer/Consumer as long as he/she uses the Website in accordance with this Document and applicable laws.
7.2. Misuse of the Website or for purposes other than those expressly permitted by Foyzo is prohibited and Foyzo will not be liable for any damages caused by unauthorized use. Specifically, the following actions are prohibited:
- failure to comply with payment obligations or any obligations to Sellers or Foyzo;
- placing Orders for purposes other than the purchase of Goods or Services;
- providing false, inaccurate, outdated information when creating an Account, including providing a false identity in any way (e.g., by using an email address, name, alias, or otherwise);
- the creation of multiple Accounts by the same person or entity;
- failure to maintain the confidentiality of Account login credentials,
- taking actions that are illegal, immoral, against public order or other acts or omissions that violate applicable laws,
- using any type of external software tool that may disrupt the normal operation of the Website,
- attempting to interfere with the operation of the hosting servers or the Website in any way;
- appropriating, copying, decompiling or attempting to discover the source code of the website or its contents;
- using any robot, algorithm or other automated means to read the source code or to extract data from the website;
- attempting to test or scan for vulnerabilities in any system on the Website, accessing non-public servers or services on the Website without permission, including attempting to interfere with the operation of the hosting servers or the Website in any way;
- posting content that glorifies, promotes, encourages or incites terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, illegal organizations, self-harm, suicide, torture, cruelty to animals, justification of war crimes, sexual exploitation of children and/or adults, cultures or other illegal content,
- taking any action capable of damaging the interests of Foyzo, directly or indirectly, in any way, including but not limited to, formulating offensive statements directly or indirectly directed against Foyzo, its employees its representatives or its partners, such as and in relation to the IT system provided by Foyzo, taking public positions that may have a negative impact on Foyzo or the services provided by it;
- using the Website for any illegal or unauthorized purpose or engaging in, encouraging or promoting illegal activity or violating this Document, or any other conduct or activity on the Website that could reasonably be expected to harm Foyzo, other Customers/Referrers, Vendors or other third parties (such as confidentiality, confidential information or intellectual property).
7.3. For good cause, in the event of non-compliance with the provisions of this document or the law, Foyzo reserves the right to implement one or more remedies, such as:
- suspension or termination of an Account or restriction in any other way of access to the Website or to the Website’s functionalities (e.g. in the case of repeated or serious violations, such as providing false information when creating an Account, using another person’s personal data);
- restricting or suspending a Customer/Customer’s access to place Orders (e.g. in case of frequent placing of false Orders which are later cancelled);
- restricting a Customer/Consumer’s access to some of the accepted payment methods (e.g. in the case of multiple Orders being placed for which the selected payment method proves to have insufficient funds to fulfil the Orders);
- suspension of visibility or deletion of Comments, Questions, Reviews or other posted information (for example, if they contain abusive, offensive or discriminatory remarks, respectively in a situation where the Foyzo Product Review Policy is not being followed);
- suspension of a Customer’s/User’s ability to post Reviews/Comments/Questions or Answers in the Customer Questions and Answers and Reviews sections (e.g., in the event of repeated violations of this Document, including the Foyzo Product Review Policy).
7.4. In addition to the corrective measures above, Foyzo may suspend the processing of notifications or complaints sent through the Website pursuant to Article 23.2 or of complaints sent through the internal complaint handling system against persons who frequently send notifications, complaints or complaints that are manifestly unfounded or excessive, especially due to their repetitive nature (e.g., for harassment purposes, whose content does not correspond to a real situation, etc.).
7.5. To detect violations, Foyzo may use software or automated technology, or checks may be carried out manually by a person. In each situation, the decision regarding the violation and/or the application of a corrective measure is made by a person.
7.6. All examples provided by Foyzo in this document, including those related to the types of prohibited actions or corrective measures, are purely illustrative in nature. Remedies adopted by Foyzo may vary from case to case, depending on each situation, adapting to the specific characteristics of each case.
7.7. Remedial measures will be proportionate and take into account the interests of the persons concerned, all relevant facts and circumstances arising from the information available to Foyzo, including:
- frequency of breaches – the absolute number of items of unlawful content or of apparently unfounded notifications or complaints sent in a given time period and the relative proportion of this number in relation to the total number of information provided or notifications sent in a given time interval (for example, in the case of 3 breaches committed within a 6-month period, more restrictive remedies such as suspension or account closure will be applied compared to a case where the 3 breaches were committed within a time of 2 years;
- the severity of the violation, including, if applicable, the nature of the illegal content and its consequences (e.g., in the case of serious charges such as incitement to terrorism, pimping, abuse, etc., Foyzo will be able to apply more restrictive remedies such as suspension or account termination);
- if identifiable, the intent of the person who committed the violation (e.g., in the event that certain Comments, Questions or Reviews are left for the sole purpose of damaging Foyzo’s or a Seller’s image).
7.8. Corrective measures will be taken with prior notice to the person on whom they are applied. However, in exceptional cases where the nature of the breach so requires, Foyzo may take remedial measures without prior notice. Foyzo will promptly inform the affected person of:
- the corrective measure and, where applicable, the duration for which it applies;
- the reasons and facts underlying the corrective measure, including whether it is the result of voluntary action by Foyzo or the result of a notification received by Foyzo;
- as the case may be, information from which it can be seen whether corrective action has been taken in respect of illegal content detected or identified by automated means;
- the facts and legal basis or relevant provisions of this document on which the corrective measure is based, as the case may be;
- information on the remedies available.
The foregoing information will not be provided if the provision of the information by Foyzo would constitute a violation of, or a failure to comply with, the law or an order of a governmental authority, or if the provision of the information would impede an investigation.
7.9. In any of these cases, the person concerned may contact Foyzo’s customer relations department via virtual assistant (real-time chat) to inform himself of the reasons that led to the application of the above measures.
8. USE OF SUBCONTRACTORS
8.1. The Seller shall be entitled to use subcontractors for the performance of its obligations under the distance purchase contract concluded via the Platform without having to notify or obtain the Customer’s consent thereto. The respective Seller shall be liable for the actions of such subcontractors as its own.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
9.1. The Content as defined in the chapter “Definitions”, including but not limited to logos, any graphic images or lettering, commercial symbols, dynamic symbols, text and/or multimedia content on the Platform, are the exclusive property of Foyzo.
9.2. Foyzo owns and retains all intellectual property rights relating in any way to the Platform, whether its own or obtained by contractual license or otherwise lawfully.
9.3. Nothing in the distance contract between Foyzo and the Customer shall be deemed to be permission by Foyzo for the latter to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Platform or descriptions of the Products or Services, including by introducing any content external to the Platform, removing the signs indicating Foyzo’s proprietary rights The Customer may not also transfer, sell, distribute any material created by reproducing (copying), modifying or publishing the Content, except with the express consent of Foyzo.
9.4. The Customer may copy, transfer and/or use the Content only for personal, non-commercial purposes and only in cases where this does not conflict with what is provided for in this chapter of this Document.
9.5. The Customer shall only be entitled to use the Content for commercial purposes if and only if it has obtained Foyzo’s written consent to do so and only for that part of the Content, in the manner and to the extent of its use and within the time limits for which such consent is expressly given. Any subsequent or different use of the Content shall be deemed a breach of this agreement between Foyzo and the Customer and a violation of the intellectual property rights of Foyzo, which shall be entitled to hold the Customer liable therefor.
9.6. The mere sending to the Customer or referencing by Foyzo of the Content or parts thereof shall not be deemed to be consent by Foyzo to allow the Customer to use the Content or parts thereof for its own purposes other than for its personal use, regardless of the medium of communication used by Foyzo.
9.7. Any use of the Content for purposes other than those expressly permitted in these terms and conditions or other express written consent given by Foyzo is prohibited.
10. ORDER
10.1. The Customer may place Orders on the Platform by adding the desired Goods and/or Services to My Shopping Cart, following the steps set out on the Platform to complete and submit the relevant Order.
10.2. Any Goods and/or Services added to My Shopping Cart may be purchased if available. Adding Goods and/or Services to My Cart without the Order being completed does not result in the Order being registered and the Goods/Services being automatically reserved.
10.3. By confirming the Order, Foyzo confirms delivery of only one item of the relevant Goods in the registered Order. The remaining units of the model of Goods in question will be further confirmed or declined depending on quantities available. Registration of the Order does not constitute confirmation of the Order.
10.4. The Customer undertakes and shall be responsible for ensuring that all details provided to Foyzo in connection with the Order are true, complete and accurate at the date of dispatch of the Order. The Customer authorises Foyzo to provide such data to the relevant Marketplace Seller where the Order contains Goods/Services of the latter.
10.5. By submitting the Order, the Customer authorises Foyzo and/or the Marketplace Seller to contact the Customer in any way possible when required in connection with the Order placed or the Contract entered into.
10.6. The Seller shall be entitled to refuse to execute (cancel) the Order placed by the Customer, for which it shall notify the Customer. Cancellation of an Order shall not give rise to any liability or consequential obligation of either party to the other in connection therewith and accordingly neither party shall be entitled to claim compensation from the other for cancellation in the following cases:
– Non-acceptance by the Customer’s Issuing Bank of the online payment transaction;
– the execution of the monetary transaction which does not result in funds being credited to the Seller’s account for on-line payments
– the data provided by the Customer in the Platform is incomplete and/or incorrect.
10.7. The Customer shall exercise the right to withdraw from the distance contract within the time limit provided by the relevant Seller, which may not be shorter than the statutory time limit. This period shall commence from the date of conclusion of the Service Contract and the date of receipt of the Goods purchased by the Customer or a third party.
10.8. The Customer may contact Foyzo Wherehouse at [email protected] or at the telephone numbers indicated on the Website in connection with the cancellation of the contract concluded remotely. The Customer may also return the Good(s) by completing Foyzo’s electronic form. At Foyzo we want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items and by law you have the right to cancel the purchase of most items within 14 days without giving any reason. You also have statutory rights where goods are not as described, not fit for purpose or not of satisfactory quality.
If you are a consumer (i.e. you are not a business), You have the statutory right to cancel your order for any reason within 14 days beginning with the day you receive the item, to exercise your cancellation right please contact us at [email protected].
You can return most products from the Foyzo website within 14 days of the day you receive the item. All goods contained in your order must be returned in their original condition (together with all packaging and labelling), and show no signs of use or damage. Understandably, things like food and Alcoholic beverages whose actual value is dependent on fluctuations in the market which the supplier cannot control, custom-made goods, perishable items and items that are sealed for personal hygiene reasons where they have been unsealed, Handmade items, Goods which may deteriorate or expire rapidly, A service, if the supplier has fully performed it and you accepted when you placed your order that the supplier could start to deliver it, and that you could not cancel it once delivery had started, jewellery worn in a piercing are excluded from this policy. Audio-visual products are excluded if unsealed or already downloaded. If you used the product more than necessary for checking it, we can reduce or even refuse reimbursement.
Please note that this returns policy doesn’t affect your statutory rights and therefore doesn’t affect your right of cancellation as described above.
Note: Please note that, as set out in our Return and Refund Policy, a returned item must be in the same condition in which it was received. This means that new items must be returned in the exact condition in which you received it (including all accessories). Refunds for returned items that are not received in this condition, may be reduced or even refused.
If your contract is cancelled in full, we will provide you with a refund for the item(s) within 14 (fourteen) working days of our receipt. You must pay the cost of returning the product(s). We are not obliged to give you a refund until we receive the product(s) back from you. We strongly recommend that you send the products using a secure or traceable method – i.e. Recorded/Special Delivery – and that you retain your proof of postage. If you have paid a delivery charge upon your order, we will also refund the standard delivery charge to you. Please note, if you have used one of our quicker delivery’s options, we will only refund the standard delivery charge.
10.9. The terms and conditions for the return of Goods to Marketplace Sellers vary and are set out and available on each Seller’s info page.
10.10. The Seller undertakes to refund the price paid for the Contract concluded at a distance from which the Customer has withdrawn within 14 (fourteen) working days from the date on which it has received proof from the Customer that the latter has returned the relevant Goods. The amount will be refunded as follows without incurring any additional cost to the Customer using the same means of payment used by the Customer in the original transaction, unless the Customer and the Seller has expressly agreed to use another means of payment.
10.11. The Seller shall be entitled to delay the refund in the event of cancellation of a Contract until receipt of the Goods sold or proof that they have been dispatched, if the Seller has not offered to collect the Goods itself, whichever is the earlier.
10.12. Only Customers who are consumers within the meaning of the Consumer Protection Act in respect of Goods offered by Marketplace Sellers and all Customers in respect of Goods offered by Foyzo shall have the right to cancel the distance contract and return Goods, provided that the following conditions are met (1) where more than one unit of a particular make and model of Goods has been ordered, the packaging of only one product has been unsealed and the others returned to the Seller sealed; (2) where the order is of products purchased in a bundle at a package price, then all products comprising the bundle will be returned; (3) where the product/order has been received with a gift, the accompanying products, the said gift or accompanying products will also be returned.
10.13. With the creation of an Account, the Customer has the possibility to use a section (tab) called “Favorites”, in which the Customer can create Lists. These lists can be public or private. Public Lists will be visible to all third parties with whom the Customer has shared them on social networks, as well as to all Customers with Accounts on the Platform. Private lists will only be visible to the Customer who created them. The Customer will determine which lists are public and which are private. He may change the status of any List at any time.
11. GOODS/SERVICES FOR WHICH THE CUSTOMER HAS NO RIGHT OF REFUSAL
11.1 The Customer has no right to cancel the Contract in the following cases:
– In the case of services where the service has been fully provided and performance has commenced with the Customer’s express prior consent and acknowledgement that he knows he will lose his right of withdrawal once the Contract has been fully performed by the Seller;
– in the case of the delivery of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the Seller and which may occur during the period for exercising the right of withdrawal;
– for the delivery of goods made to the Customer’s order or in accordance with the Customer’s individual requirements;
– in the case of delivery of goods which by their nature may deteriorate or have a short shelf life;
– the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
– the delivery of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;
– the delivery of sealed sound or video recordings or sealed computer software which have been unsealed after delivery;
– in the case of the supply of digital content which is not delivered in a tangible medium, where performance has commenced with the express consent of the Customer, who has acknowledged that he knows that he will thereby forfeit his right of withdrawal.
12. CONFIDENTIALITY
12.1. The Customer agrees that by providing any of its personal or other data to Foyzo, it agrees that it may be used by the latter for the following purposes by Foyzo: (1) maintaining the Customer’s account, including registering orders, shipping ordered products, fulfilling ordered services, billing, resolving disputes with Customers regarding their Orders or handling their requests; (2) sending Commercial Messages, periodic notifications by e-mail or SMS; (3) conducting market research, tracking and monitoring sales and customer/user behavior.
12.2 Customer agrees to grant Foyzo unlimited access to any materials and information it sends to Seller through or in connection with the Platform, whether or not Customer has placed an Order and transacted through the Platform. Foyzo shall have the right to use, reproduce, publish, modify, transmit and distribute such information or materials. The Customer expressly agrees that Foyzo shall be free to use and process for its own purposes the ideas, concepts or know-how that the Customer has provided to it in any way through or in connection with the Platform or the actions/inactions that the Customer has carried out through or in connection with the Platform. Foyzo shall have no obligation to keep the information so obtained confidential to the extent that it is not required to do so by applicable law.
12.3. By submitting his/her data to Foyzo (including e-mail address), the Customer expressly consents to be contacted by Foyzo or third parties who are couriers, Marketplace sellers, partners of Foyzo and are marketing service providers, governmental, municipal or non-governmental agencies or companies in the field of insurance or financial services, where this is provided for by specific legislation, as well as other companies with which Foyzo may develop joint programs to market the Goods and/or Services, etc.
13. COMMERCIAL COMMUNICATIONS
13.1. At the moment the Customer creates an account on the Platform, he/she has the possibility to express his/her consent to receive Commercial Communications.
13.2. The Customer may opt-out of consent given to the Seller to receive Commercial Communications, which opt-out may be expressed at any time by changing the settings in their Account in “My Subscriptions” or by contacting the Seller.
13.3. Opting out of receiving Commercial Communications does not automatically constitute a waiver of consent to this Contract.
13.4. After adding Goods or Services in the following section in the Account:
13.4.1. “My Cart”, the Seller will notify the Customer / User of:
– Change of price of the Goods or Services in the “My Cart” section.
– Recommendations for Goods that are similar to those added in the “My Cart” section
– The availability of Goods in the “My Cart” section
13.4.2 “Favourites”, the Seller will notify the Customer / User of:
– Price change of Goods or Services added to the “Favourites” section
– Recommendations for Goods or Services similar to those added in the “Favourites” section
– Availability of Goods
13.4. Following the purchase of Goods or Services, Foyzo will send the Customer commercial messages regarding:
– Suggestions for Goods or Services recommended to be used in conjunction with the purchased Good or Service
The Customer may unsubscribe at any time from receiving Commercial Communications in accordance with Article 13.2 above by clicking on the unsubscribe link published in the Commercial Communications received by Foyzo or by contacting Foyzo for this purpose.
In addition, we may use your data for market and consumer research. We do not use data collected in the context of market and consumer research for advertising purposes. Detailed information (especially regarding the evaluation of your publications) can be found in the context of the respective survey or where you make your publications. Your responses to consumer surveys are not sent to third parties, nor are they published. You may object to the use of your market research data at any time free of charge by clicking on the unsubscribe link posted in each communication or by contacting Foyzo.
14. BILLING – PAYMENT
14.1. The prices of the Goods and Services advertised on the Platform are final and include VAT as well as all other taxes and charges provided for in the applicable legislation.
14.2 The price, method of payment and payment term for invoices are set out in each Order.
14.3 The Customer is obliged to provide all information necessary for the issue of the invoice.
14.4. The Seller will issue an invoice to the Customer for the Goods ordered and delivered / Services provided based on the information provided by the Customer.
14.5. Foyzo shall issue an invoice for each payment under an Order through which the Customer has purchased Goods and/or Services offered on the Platform by Foyzo Warehouse. The Customer shall be entitled to receive such invoice electronically by uploading it to its Account. In the event that such payment documents are unavailable for more than forty-eight (48) hours in the Account, please notify us at the email address: [email protected].
14.6. Foyzo does not issue or send invoices for purchases or other payments related to purchases of Goods and/or Services offered by Marketplace Sellers who are required to do so under applicable law.
14.7. In order to properly compile the invoice for the relevant Order, the Customer/User is obliged to continuously update his/her account details. He/she shall review the information set out in the relevant Order to ensure that it is complete, correct and accurate.
14.8. The Customer will have a record of the invoices issued to it by Foyzo in its Account and may store or archive them at any time.
15. DELIVERY OF GOODS
15.1. The Seller undertakes to deliver the ordered and purchased Goods himself or through a courier company to an address indicated by the Customer, which address should be easily accessible, or to an office of the courier company, depending on the Customer’s choice. In the case of delivery to a door, the Customer must indicate the floor to which the Products are to be delivered in the address field on the foyzo.com electronic form designated for this purpose. Otherwise, the delivery will be made to the building indicated as the delivery address if there is access to the building.
15.2. The Seller will ensure that the Goods are properly packed and that the accompanying documents are sent. If by any chance the shipment does not contain a document required to accompany the product ordered, then please contact us at [email protected] and we will do our best to provide it as soon as possible.
15.3. Foyzo will deliver the Goods and provide the Services internationally.
The delivery terms for the Products offered by Foyzo Warehouse are made through a courier company to an address indicated by the Customer, which address should be easily accessible, or to an office of the courier company, depending on the Customer’s choice. In the case of delivery to a door, the Customer must indicate the floor to which the Products are to be delivered in the address field on the foyzo.com electronic form designated for this purpose. Otherwise, the delivery will be made to the building indicated as the delivery address if there is access to the building. Foyzo will ensure that the Goods are properly packed and that the accompanying documents are sent. If by any chance the shipment does not contain a document required to accompany the product ordered, then please contact us at [email protected] and we will do our best to provide it as soon as possible.
15.4. The terms and price of delivery of the Goods of a Foyzo Warehouse and Marketplace Seller will be brought to the attention of Customers on the relevant page of each such Seller on the Platform.
15.5. The price of delivery, where available, will be visible once the desired Product(s) is placed in the basket and the delivery method is chosen.
15.6. International delivery:
1) Sellers shall deliver to the countries set out on each seller’s Seller Shop page. However, there are restrictions and higher charges for the delivery of some Products for certain countries. The customer shall review and agree to such restrictions or additional charges before ordering Products.
2) These orders may be subject to import duties and taxes which are applied when the delivery reaches its destination country. In all cases the buyer is responsible for payment of any import duties and taxes.
3) The customer must comply with all applicable laws and regulations in the country of delivery. The seller will not be liable or responsible if the customer breaks any such law or regulation.
16. WARRANTIES
16.1. The Seller shall offer all Goods on the Platform with a guarantee of conformity of the Goods with the Contract in accordance with applicable law. Exceptions are certain categories of Goods which by their nature cannot have a warranty. Each Seller shall be solely responsible for the conformity of the Goods/Services offered by it with the Contract.
16.2. In respect of Goods sold and supplied by Foyzo Warehouse, warranty certificates are issued by the manufacturer or issued by Foyzo.
16.3. In respect of Goods sold and supplied by Marketplace Sellers, via the Platform, the Customer shall obtain on delivery of any Goods that have a warranty, a warranty certificate with full details of the service centre that provides the repair within the warranty period. The warranty of Goods that are purchased from Marketplace Sellers through Foyzo is provided by the authorized repair facility that is designated by the Seller. Marketplace Sellers are solely and independently responsible for the availability of legally required documentation to accompany the Goods purchased from them and for providing warranty service.
16.4. Warranty certificates issued by Foyzo itself will be sent to the Customer in electronic format to the email address provided by the Customer.
16.5 The Customer must update the details in his Account regularly and review them before each order, as the Seller will use them when completing and issuing the warranty certificate.
16.6. The conditions of use, handling and transportation of an unpacked Product are the same as those of the manufacturer’s packed Products and enjoy the same benefits unless otherwise stated on the Goods page.
16.7. The repair/refurbishment of Goods outside the warranty period or within that period, but where the Seller’s obligation to bring the Goods into conformity with the Contract for Sale has ceased for whatever reason, shall be payable by the Customer and shall be carried out within a time agreed between the parties.
17. TRANSFER OF TITLE
17.1. Ownership of the Goods shall be transferred by the Seller on delivery to the Customer, following payment by the Customer.
18. WRITING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
18.1. Customers/Customers have the opportunity to write Reviews, Comments, Questions and Answers about the Goods and Services sold on the Website.
18.1.1 Writing Reviews, Comments, Questions and Answers can be done from the Customer, under “Customer Questions and Answers” and “Reviews”. The information written may be both positive and negative and must relate to the features and use of a Good or Service.
18.1.2 Upon registration of a Review/Comment/Question/Response on the Platform, Customers grant Foyzo a non-exclusive, perpetual, royalty-free, territorially unrestricted license and right to use, reproduce, modify, adapt, publish, translate, distribute and display such content.
18.1.3 Each Customer, at the time of posting a Review/Comment/Question/Response in the aforementioned sections, undertakes to comply with the following rules:
- refer only to the characteristics and/or the use of a specific product or service, avoiding information related to aspects that may change (e.g. price or promotional offers);
- use appropriate language that does not contain abusive language or language that may affect the rights of a third party;
- post properly entered content on the Platform as follows: each question shall be posted in the “Customer Questions and Answers” section and each Review shall be posted in the “Reviews” section;
- to ensure that the information they enter is realistic, correct, not misleading and in accordance with applicable laws, including respecting the rights of others – e.g. copyright, intellectual property rights, licensing rights or other proprietary, advertising or confidentiality rights;
- use this service only to communicate or obtain further details about a particular good or service from the Platform without making references to other businesses that promote the sale and purchase of goods and/or services;
- not provide or request, in any manner or form, personal data (contact details, delivery or residence address, telephone numbers, email addresses, first and/or last names, etc.) or any other information that may lead to the disclosure of such personal data;
- not to publish information and/or details regarding URLs (links/links) from other websites that conduct the same or similar business as Foyzo;
- not to enter Reviews/Comments/Questions/Responses that contain material of an advertising nature;
- not to use Reviews/Comments/Questions/Responses as a means of communication with the Seller, the contact details of the Seller published on the Platform will be used for this purpose.
18.1.4 In addition to the critical realistic assessment, at the time of publication of a Review, the Customer should add a Rating for the relevant product or service. The Reviews, together with their respective Ratings, will affect the overall Rating of the Product or Service, which will be expressed by a figure close to the Goods. Thus, a Review that is accompanied by a high Rating results in an increase in the overall Rating, and a Review that is accompanied by a low Rating results in a decrease in the overall Rating.
Customers who post Reviews to which they attach photo or video files will abide by the following rules:
- the uploaded files will contain images and/or videos about the product or service for which they write the Reviews, making sure that the uploaded files do not infringe the copyrights of third parties;
- the uploaded files do not contain violence, content inappropriate for children, obscene language or other content that offends another person/group based on race or ethnicity, religion, disability, gender, age, military service, sexual or political orientation or contain any other form of discrimination;
- uploaded files do not contain information relating to other persons;
- the uploaded files do not contain URLs or watermarks to other sites that conduct the same or similar business as Foyzo.
18.1.5 When a Customer reports that a Review/Comment/Question or Response has inadequate content, that content is carefully reviewed by Foyzo to determine whether it violates the Platform Terms of Use. Posted text, photos or videos are removed from the Platform only after verification by Foyzo.
18.2. TYPES OF REVIEWS
18.2.1 Reviews are annotated on the relevant page of the Platform as “verified owner” – the review is posted by a Customer who has purchased the Goods/Services via the Foyzo Platform
18.2.2 The Customer may express the rating in text
18.2.3 By posting a review, the Customer agrees to the Foyzo Terms and Conditions.
18.3. PRODUCT/SERVICE CLASSIFICATION
18.3.1 Foyzo allows you to publish rankings in 5 different categories on the product pages of the Platform:
- NOT RECOMMENDED -: 1 star
- LOW – : 2 stars
- MEDIUM – : 3 stars
- GOOD – : 4 stars
- EXCELLENT -: 5 stars
18.3.2 The Customer is free to determine the category in this ranking.
18.4. PRINCIPLES OF MODERATION
All published reviews must be correct. The use of messages that are or may be deemed illegal, obscene, hurtful, unethical, threatening to public order, inappropriate, or in any other way inconsistent with the interests of Foyzo and other customers is prohibited.
18.4.1. Foyzo will post both positive and negative reviews. To moderate reviews, Foyzo may use software or automated technology, or the review may be done manually by a person. In any case, the decision to post or remove a review is made by a person. Foyzo will only remove Reviews that contravene this Policy, the Terms and Conditions or applicable law.
18.4.2. Foyzo notifies Customers and Users that Foyzo only guarantees for an “Foyzo Customer Review” that the review was submitted by a Customer who purchased the Goods/Service through the Platform. Please ensure that you take this into account when reading the reviews.
18.5. REVIEW ORDER
18.5.1 Readers have the opportunity to order the rankings according to the following preferences:
a. Most recent or most popular;
b. Ratings – all reviews, or 5-star reviews, or 4-star reviews, or 3-star reviews, or 2-star reviews, 1-star reviews;
c. Confirmed purchase only
18.5.2 The Client/User is free to choose the preferred sorting of reviews.
18.6. SHOWING THE REVIEWS ON THE PRODUCT PAGE:
18.6.1 Based on the published rankings, Foyzo will determine an average score for the relevant product page, which will be calculated using the following methodology. Based on the rankings made by Customers / Users the system will display the average score as a figure and as a star.
18.7. In the event that Foyzo finds a repeated violation of these Terms of Use, Foyzo reserves the right to restrict the Customer’s ability to post Reviews/Comments/Questions and Answers in the “Customer Questions and Answers” and “Reviews” section.
18.8. Regarding complaints and complaints relating to the Goods and/or Services purchased, Customers have the complaints form available here. Each Customer may also make their complaint by completing the standard form to facilitate the exercise of the right of withdrawal under the Consumer Protection Act and emailing it. The form can be copied from here:
STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
To ………………………
/trader’s name/
……………………………………………………………………..
/address/
I hereby give notice that I withdraw from the contract concluded by me for the purchase of the following goods/services:
…………………………………………………. /product description/
The goods were ordered at ………………….
Goods have been received at …………………. /indicate the date of receipt by the user/
………………………………………………………………………../user-name/
……………………………………………………………. /address of the user/
………………. …………………………….
/date/ /user’s signature/
18. RESPONSIBILITY
19.1 Foyzo offers the services of the information society within the website. Specifically, the Website provides Users/Customers with specific digital tools to collect/display offers for Goods and Services and transact with Sellers. None of the Website’s functionality can be equated with Foyzo’s knowledge of Content provided by Users/Customers/Sellers (except where the Seller is Foyzo itself).
19.2. If the Content violates any law or this Document, Foyzo will take the actions detailed in this Document to detect and remove the Content by implementing appropriate corrective measures.
19.3. Foyzo is not responsible for the conduct of Users/Customers/Sellers or any other person on the Website, their Content on the Website, or for the improper performance of sales contracts and transactions conducted through the Website, or for the consequences of actions taken by Users/Customers/Sellers or third parties, who violate the provisions of this Document and applicable regulations if, despite exercising due diligence, Foyzo did not know or could not have known of the illegality of their actions/inactions and therefore did not take immediate measures to remedy the violation or its consequences. At the same time, Foyzo is not responsible for the quality, safety and legality of the Goods or Services sold on the Website by other Sellers, the Sellers’ ability to sell, the Customers’ ability to pay, or the truthfulness and accuracy of the data provided by them on the Website (e.g., offers regarding Goods or Services, Reviews/Comments/Questions/Responses, correspondence as part of discussions through the Website or in connection with transactions made through the Website, etc.
19. PROCESSING OF PERSONAL DATA
20.1. Please note that in order to access and use the Website, your personal data is processed by Foyzo in accordance with its own Privacy Policy, which forms an integral part of this document.
20.2. In addition, in the event that you become a Customer and the Seller of the Goods/Services purchased is not Foyzo Warehouse but one of the Marketplace Sellers, your personal data will also be processed by it in accordance with its own Privacy Policy. In this regard, the Foyzo website clearly informs in the interface dedicated to the Goods and/or Services to be purchased, which is the person who has the status of Seller, with the text “Sold by:”. When you access this section, you will be able to see more details about the Seller’s policies.
20.3. Please refer to the privacy policy which forms part of this Document.
20. USE OF COOKIES
Please review the Cookie Policy which forms part of this Document.
21. OTHER SPECIAL CONDITIONS FOR FOYZO MARKETPLACE
22.1. Products and services of third parties, other than Foyzo Warehouse, are published on the Foyzo Marketplace Platform as sellers on the Platform. The contract for these goods or services is concluded between the marketplace seller and the customer. Customer rights related to the purchase can be exercised directly to the Marketplace sellers. Foyzo is not responsible for and assumes no liability for invitations, offers and contracts concluded on foyzo.com that do not originate from Foyzo Warehouse or for the non-conclusion or termination of such contracts, in particular for the quality, safety and legal compliance of the Marketplace goods. Foyzo have the rights and obligations of an intermediary service provider to mediate or intervene in any consumer disputes between Customer and Marketplace seller.
22.2. None of the functionality of the Platform shall be equated with Foyzo’s knowledge of the Content provided by Customer/Customers/Marketplace Sellers (unless the Seller is Foyzo Warehouse itself). If the Content violates any law or this document, Foyzo will take the steps described in this document to identify and remove the Content by implementing appropriate remedial measures
22. FORCE MAJEURE
23.1. Neither party shall be liable for any failure to perform its contractual obligations if such failure is due to a Force Majeure Event. A Force Majeure Event is an unforeseeable event beyond the control of the parties which cannot be avoided.
23.2. If, within 14 (fourteen) days of the date of the relevant event, it does not cease, either party shall be entitled to notify the other party that it is terminating the Contract without liability to the other for any damages it may have suffered.
23. APPLICABLE LAW – JURISDICTION. WHISTLEBLOWING AND COMPLAINTS. INTERNAL COMPLAINTS SYSTEM. ALTERNATIVE DISPUTE RESOLUTION.
24.1. For alerts or complaints related to the Goods and/or Services purchased, the functionalities of the Website or illegal content, Customer/Customers or other interested parties have at any time the possibility to submit the relevant complaint through the contact form available on the Website: https://www.foyzo.com/contact-us. In order to submit a notification or complaint, it is necessary to complete the relevant form, including all the fields indicated as mandatory. Foyzo will inform the person who submitted the notification or complaint of its acceptance and, where applicable, of the decision taken, provided that contact details are provided. The maximum time limit for dealing with complaints or notifications is 30 calendar days from the date of receipt.
If Customer/Customers or other interested parties:
– do not receive a response from the Seller after 30 days; or
– receive a response from the Seller after that period; or
– you are dissatisfied with the manner in which the notification/complaint has been handled by the Seller;
may appeal through the alternative dispute resolution procedures under the provisions of the Consumer Protection Act and subsequently to the competent courts.
24.2 For complaints regarding corrective measures taken by Foyzo pursuant to this Customer/User Document, in addition to the alternative dispute resolution procedures under the provisions of the Consumer Protection Act and subsequently to the competent courts, Foyzo shall provide an internal complaint handling system accessible via the contact form available at: https://www.foyzo.com/contact-us. Complaints may be lodged within a maximum of 6 months from the communication of the remedial decision by Foyzo. More details on the functioning of this internal system can be found in the section “Digital Services Act”
24.3. United Kingdom legislation is applicable to this contract. By accepting these General Terms and Conditions, the Customer understands and agrees that Foyzo may assign all of its rights and obligations arising under the Document to another company or third party that is part of Foyzo’s corporate group. Any disputes arising between Foyzo and Customers will be resolved amicably or, if this is not possible, the disputes will be resolved before the competent courts. Purchase and sale contracts concluded between a Customer and a Marketplace Seller via the Platform shall be resolved by the competent court in accordance with United Kingdom law, unless otherwise agreed by the parties.
24.4. Information on whistleblower protection under the “Whistleblower Protection Act”.
24. RECOMMENDATION SYSTEM
25.1. The Website uses certain algorithms to classify, arrange, sort and display information, including Goods and Services on the Website, as a result of search or by default, which determine the display in a non-arbitrary manner. In the case of Campaigns, the order in which Goods are displayed on the Website is established based on several criteria, such as price reduction, availability, user interest. During a Campaign, Offers may change their positions compared to those they had at the beginning of the Campaign, depending on their performance. The recommendation system used on the Website works based on some basic parameters, which can be reviewed in the Recommendation System and Promotion Guide on the Foyzo platform. In the case of a search on the Website, information is displayed based on the search algorithm.