GENERAL SECTION and AREA OF VALIDITY
5. In order to use the services made available by our Website customers must be over 18 years of age.
6. Different, conflicting or additional standard terms do not become part of our contracts. These different, conflicting or additional standard terms are only applicable if we accept them individually and in written form.
7. Trugly is not party to a contract between our sellers and their customers. However TRUGLY only acts as a broker between our Models and their customers. Therefore TRUGLY is not responsible for the quality, nature, public morality and lawfulness of the goods in commercial interaction. Warranty claims, claims for compensation and similar liability claims will therefore not be satisfied by TRUGLY.
8. TRUGLY selects our sellers and their goods carefully. Our selection criteria are the highest reasonable for a thorough merchant. TRUGLY strives to present and describe the products as exactly as possible.
9. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not our Website, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
CONCLUSION OF A CONTRACT
1. Our online shop is to be considered only as an offer to the customers to make an order. This offer to make an order is subject to change and non-binding. We therefore reserve the right of amendments.
2. The customer makes our sellers (and not TRUGLY) an order by ordering a product in our online shop. This order is binding. For this order these standard terms are applicable. All orders depend on the availability of the product and the confirmation of the price. The customer confirms the truthful and complete declaration of his (or her) personal and factual information by ordering a product.
3. TRUGLY will confirm the receipt of the electronic order by sending an E-Mail to the customer immediately. This confirmation of receipt is to be considered as a binding acceptance only if TRUGLY does not (partially) reject the order with another Email within six working days.
5. TRUGLY and our sellers are entitled to deny the order of our customers within six working days after receipt of the order. TRUGLY and our sellers are not obliged to accept the order.
6. TRUGLY reserves the right of rescission of a contract in case of non- or not correct delivery from our sellers.
7. In case of non-availability or just partial availability of the product TRUGLY will inform the customer immediately. In case of only partial availability the not involved part of the service will still be binding for all parties of the contract.
8. The duration of delivery depends on the availability of the products. For this reason we are not able to guarantee any delivery time.
RESERVATION OF PROPERTY
1. TRUGLY and our sellers reserve us the right of our property as long as the purchase price is not completely paid.
2. The products are for personal use only. The customer is not allowed to resell or publish the products anywhere else (e.g. uploading it to any video platform is prohibited). We reserve to take legal actions in such cases.
1. If the customer purchases a product on the website, TRUGLY provides different payment opportunities. TRUGLY accepts different type of credit cards , Bitcoins, etc. We reserve the right not to provide every single payment opportunity in any cases and on the other hand to provide additional payment opportunities in other cases.
3. The prices shown on www.fajour.com are non-binding and can therefore change.
4. The prices shown on www.fajour.com are in US Dollars and do not include any VAT (value added tax). It may happen that VAT arises depending on applicable laws. We will inform you about that at the checkout.
5. Products must be paid immediately and are non-refundable. We do not offer any refunds, unless otherwise required by law.
DISCLAIMER of WARRANTY
CUSTOMERS EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. NEITHER TRUGLY, ITS MODELS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT TRUGLY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH TRUGLY.
TRUGLY’S SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
LIMITATION and RELEASE of LIABILITY
TRUGLY CANNOT BE HELD LIABLE FOR ANY DAMAGES OR CLAIMS CAUSED BY ANY OFFERED SERVICES.
TRUGLY IS NOT LIABLE FOR PERSONAL INJURIES.
TRUGLY IS NOT LIABLE FOR MERE PECUNIARY LOSSES. TRUGLY IS THEREFORE ALSO NOT LIABLE FOR LOST PROFIT.
TRUGLY IS NOT LIABLE FOR ITEMS AND CONTENTS UPLOADED BY USERS. IF OUR MOBILE APPLICATIONS OR THE WEBSITE IS LINKED TO ANOTHER WEBSITE TRUGLY IS NOT LIABLE FOR THE ITEMS AND CONTENTS SHOWN THERE. AS SOON AS TRUGLY IS INFORMED OF ILLEGAL CONTENTS ON EXTERNAL WEBSITES TRUGLY WILL LOCK ACCESS TO THESE WEBSITES. TRUGLY IS NOT OBLIGED TO ACTIVELY MONITOR ALL SERVICES IF THEY COMPLY WITH ALL LEGISLATION WORLDWIDE. THIS IS THE RESPONSIBILITY OF THE USER ACCESSING OUR SERVICE.
TRUGLY IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMARTPHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TRUGLY CANNOT BE HELD LIABLE FOR ANY DAMAGES OR CLAIMS WHICH OCCUR FROM SYSTEM OR SOFTWARE ERRORS.
ALL LIMITATIONS OF LIABILITY INCLUDE TRUGLY’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBCONTRACTORS OR LICENSORS.
SHOULD A COUNTRY DOES NOT ALLOW A COMPLETE EXCLUSION OR LIMITATION OF LIABILITY, THEN LIABILITY IS LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW.
All content included on the mobile applications and the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the exclusive property of TRUGLY, its affiliates or its content suppliers and is protected by international copyright laws as well as by any relevant national law concerning copyright, authors rights and database right laws. The compilation of all content on mobile applications and the website is the exclusive property of TRUGLY and its affiliates and is protected by American and international copyright and database right laws. All software used on mobile applications and the website is the property of TRUGLY, our affiliates or our software suppliers and is protected by international copyright and authors’ rights laws.
It is therefore understood that all intellectual property rights concerning any information, content, materials, data or processes contained on our mobile applications and the website belong to TRUGLY, its affiliates and/or its content suppliers. All such intellectual property rights of TRUGLY, its affiliates and/or its content suppliers are hereby reserved.
You may not systematically extract and/or re-utilise parts of the contents of mobile applications and the website without TRUGLY’s explicit written approval. You also may not create and/or publish your own database that features substantial (e.g. user content) parts of our mobile applications and website without TRUGLY’s explicit written consent.
Except where explicitly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured in our mobile applications and website are in no way associated, linked or affiliated with TRUGLY and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured in our mobile applications and on the website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and/or services and it is in no way an assertion that such products or services are provided with the endorsement of the respective brand owner.
The contents of this presentation are put on visual display on the internet and can, for personal (private) uses, be downloaded and copied. If you should have the intention of using the contents for business or other purposes, you are obliged to obtain prior approval of TRUGLY.
CHOICE of LAW CLAUSE and FORUM
Exclusively American law and the laws of the State of Delaware are applicable for all of our legal transactions. The rules of the UN Convention on Contracts for the international Sale of Goods are not applicable.
Favorable and obligatory rights of users are not limited due to this choice of law clause.
You submit to the exclusive jurisdiction of the American courts or, alternatively and at the discretion of the Agent at any other court, to settle any dispute which may arise under these standard terms.
If individual regulations of our contracts – including these standard terms – do not come into force, the validity of the contract in the totality is not affected. The non-binding rules will be replaced by commercial rules if the other party is a company.