General Terms and Conditions
General Terms and Conditions
Welcome to the SEIZ website. Please read the following general Terms and Conditions carefully, they govern the use of and purchase through our site.
These Terms and Conditions were created on March 4, 2009 and last amended September 14, 2010.
Acceptance of Terms
SEIZ Apparel S.L. (located in Paseo General Martínez Campos 20, 9E, 28010 Madrid, Spain, registered in the trade register of Madrid at volume 26407, page 35, sheet M-475904, registration 1 on the 9th of February 2009; CIF: B85624252 ["SEIZ"]) its successors and assigns provides its website, services and products to you, subject to the following Terms and Conditions ("T&C").
By accessing or using the SEIZ website, you signify that you have read, understood and that you accept and agree to be bound by these T&C, whether or not you are a person viewing the website, or otherwise accessing the website, or a person becoming a registered member of the SEIZ website, or a purchaser of the products described in the SEIZ website.
If you do not agree to abide by these or any future T&C, do not use or access (or continue to use or access) the SEIZ website. Deviations from these T&C are only valid on an individual case basis with explicit and written approval by SEIZ.
Our information collection, use, and disclosure practices are governed by our Privacy Policy, the terms of which are incorporated into this T&C by reference. By accepting these T&C you also indicate that you understand and consent, accept and agree to the Privacy Policy.
Proprietary Rights
Copyright – All content included on this website, such as text, designs, product images, graphics, logos, icons, images, artwork, illustrations, photographs, digital downloads, data compilations, software and any video and/or audio materials, are copyrights, trademarks, and other intellectual property owned, controlled, exclusively by SEIZ or its content suppliers and protected by international copyright laws or other intellectual property laws and treaties.
Trademarks – SEIZ is a registered trademark of Marco Seiz. Other trademarks that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SEIZ. The SEIZ website (including but not limited to its graphics, logos, page headers, button icons, scripts and service names) constitute trade dress and get-up of SEIZ. The trademarks and trade dress including get-up of SEIZ may not be used or reproduced without prior written approval from SEIZ and may not be used in connection with any product or service that is not affiliated with SEIZ, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of SEIZ, or in any manner that disparages or discredits SEIZ. This includes using the SEIZ trademark in meta tags or any other “hidden text” for the purposes of gaining a higher ranking from search engines.
License and Site Access – SEIZ grants you a personal, non-transferable and non-exclusive right and license to access and make personal use of this website. This license does not include downloading (other than browser caching), redistribution by means such as framing techniques, commercial use or resale of the websites functions or its content in its present form or derivatives of it. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the SEIZ website, not to insert any code or product or manipulate the content of the website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Any unauthorized use terminates the license granted by SEIZ.
Hyperlinks – You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SEIZ as long as the link does not portray SEIZ, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic or trademark of SEIZ or its affiliates as part of the link without express written permission.
Claims of Copyright Infringement – SEIZ respects the intellectual property rights of others and does not promote, foster or condone infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the SEIZ website, or know of someone who is making unauthorized use of the content of the SEIZ website, please notify us immediately via the contact details specified at the end of this T&C.
Prices, Payment, Gift Vouchers
Price – All prices displayed on the SEIZ website include, if nothing else is mentioned, Spanish VAT and advanced recycling fees. Prices at the time of the order apply and contractual currency is in Euro. In addition to the price of the products, you will be required to pay a delivery charge. You will be informed of the delivery charge due to us when you place your order. You can find more information about the delivery charge in the Shipment & Fees section of this T&C.
Price Adjustments – The prices displayed on the SEIZ website are in principle binding. However, errors, unexpected increases in production costs and technical changes may occur and a price adjustment may be required. In such cases, we reserve the right to cancel your order in the manner set out under the Product Orders section below.
Payment – You must pay for the products at the time you submit your order. We strive to offer various payment methods. Currently supported methods can be found in our FAQ.
Gift Vouchers – We sell gift vouchers and gift cards. They are settled at the moment when they are issued. The gift code included on the voucher has to be kept confidential as anyone in possession of the code can redeem it for goods.
Product Orders
Invitation – All information on our website is an invitation to treat only and is not an offer or unilateral contract.
Your Order – Your order represents an offer by you to purchase the products. Before you submit your order, please review your selection, check the total price of your order and correct any input errors.
Legal Capacity – By placing an order, you represent and warrant that you are 18 years of age or older or over the legal age of consent in your respective jurisdiction, and you have the capacity to form a binding contract.
Acceptance of your Order – Your order is accepted by us when we send you an order confirmation email with the essential order details after you have successfully placed your order on our website.
Cancellation by you – For products customized to your specifications, we cannot take cancellations of orders for which the production process has already started. Up to that moment, you have the right to cancel your order without giving us reasons. To find out whether the production process has already started, please contact us by sending us an email to shop@seizpacks.com specifying the invoice number relating to the order.
If you give our Gift Voucher out to another person, the right to cancel your order can only be exercised by you and cannot in any circumstances be exercised by the recipient of the gift.
Cancellation by SEIZ – We reserve the right to cancel your order in any of the following cases:
(a) if a price adjustment is required (as described in the Prices, Payments, Gift Vouchers section above); or
(b) if one or more constituent parts for a product become unavailable; or
(c) if your payment has not been received within 14 days after placing the order.
We will inform you as promptly as possible about these special circumstances, depending on the case above, we will offer you:
(a) the option of reconfirming your purchase at the correct price or cancelling your purchase; or
(b) the option of receiving similar products which are available or cancelling your purchase; or
(c) the option of placing a new order with us.
Reimbursement – If you opt for cancelling, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the products.
Production
Production Priority – Orders are accepted into the production queue once we have received your payment. The production queue itself follows a FIFO logic (First In – First Out). In case your order is depending on an incoming delivery it will not drop back in the queue but we will delay its production start until we have all constituent parts ready.
Production Lead Time – Orders which we can fulfill from stock normally are handed over to the delivery service within three working days after they entered the production queue. In case that we depend on incoming deliveries to fulfill your order we will indicate an estimated lead time. All lead times are thought to be estimated references only and can change without prior notice (e.g. due to simultaneous orders, production bottlenecks, supply chain failures or unplanned downtime of our computer systems). You can check product availability and estimated lead times in our online shop before placing your order and in profile settings for already placed orders.
Shipment, Fees
Pickup is not possible. SEIZ will deliver your order using an independent shipping provider to the indicated address as quickly as possible.
Delivery Charge – Depends on the chosen delivery method and on the amount of goods ordered. You can find our current rates on our shipping information page. We are entitled to partial delivery with no additional cost to you. You may be required to reimburse the shipping provider for any levies, fines, storage costs and additional delivery attempts incurred on your behalf for the delivery of the goods at your chosen destination.
Taxes, Duties – When importing goods in countries outside the European Union, import duties may arise and their level varies between customs areas. You are responsible for the orderly payment of the required duties and fees as they are not covered by our product price and shipping fees.
Shipping Destinations – We seek to deliver worldwide. You can find the current country list where we have experience on our shipping information page.
Delivery Time – You can choose between various delivery methods. The exact delivery time depends on the shipping provider’s delivery service which will handle your parcel and you agree to be bound by the shipping provider’s delivery deadlines. For some methods you can follow your order’s progress online.
Loss in Transit – As a service to you we ship all parcels as registered mail, but it may be that your local shipping provider does not support this service and in that case the traceability will unfortunately be lost at the point of handover to them. If your shipment has not arrived you may directly contact the shipment provider. In case that you need our assistance please contact us no later than 4 weeks after your shipment is scheduled to arrive.
Damages in Transit – Apparent transport damages (for example, damaged cartons) must be immediately reported to the shipping provider. They also need to be reported to us within 5 days after reception of the shipment. The goods need to remain unused.
Depending on the chosen method, the transfer can be subject to an additional terms and conditions of the service provider.
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Information on Returns Right to Return Merchandise SEIZ Service Germany Consequences of Return End of Information |
Limitation of return:
The Right to Return Merchandise does not apply to distance selling contracts for delivery of merchandise produced according to customer specifications or clearly tailored to individual needs.
Warranty
SEIZ only sells brand-new products of the highest quality. The warranty applies only where the products are used for their intended purpose as set out in, and cared for in accordance with, the user manual included in each and every order. The warranty is for a duration of 24 months from delivery date and unless otherwise noted, it covers material and production errors only. The warranty is immediately rendered invalid with improper use, mechanical damage, exposure to excess voltages, failure to follow instructions, and any intervention by unauthorized parties.
Warranty periods remain unchanged in case of replacement or repair, they begin with the original date of delivery to the shipping provider.
For products for which SEIZ acts as reseller, we grant you the power of attorney to exercise warranty rights directly towards the original manufacturer. In addition, we offer to act as intermediary to forward products and help resolve disputes.
Repairs and replacements outside of warranty agreement are possible but will be at your expense. A cost estimate for the options repair, return unrepaired and dispose will be submitted before incurring such costs.
Notwithstanding the above, SEIZ’s warranty does not affect any additional rights purchasers may have under European Union regulations and directives governing the sale of consumer goods.
Return of Goods under Warranty
For returns after the expiration of the Right to Return Merchandise period, please contact us by sending an email to returns@seizpacks.com as the first step. You may consult our Returns page which will assist you in the return process.
Your Options – You can choose between refund, replacement or reparation of the product, but SEIZ reserves the right to overrule such choice in case it would result in disproportional costs as long as no significant disadvantage arises to you. In case of refunds, payments or re-credits are made within 30 days after the returned products have been received by us. In case of replacement, we reserve the right to replace a particular product with an equivalent should it no longer be available.
Obligations – You remain owner of the product until we receive the complete return shipment with any related accessories or user manuals. A copy of the invoice also needs to be enclosed. You are responsible for the adequate transportation. You bear the burden of proof for the dispatch of the returned products. For your protection, we recommend that you use a recorded delivery service. In case you received a wrong delivery the goods have to stay unused and need to be returned promptly. Please make sure that no other objects are included in the return shipment as we cannot accept liability or guarantee the return of such objects to you.
Costs – All fees and charges are nonrefundable. Return shipment fees, including insurance in case you choose to have one, are at your expense. If you fail to return the products as required under these T&C, the reduction in value is at your expense and may result in reduced refund, partial repair / replacement or addtional payment for full repair / replacement. We reserve the right to charge a handling fee in case that no shortcoming or defect can be established.
Market and Consumer Research
From time to time, as a benefit to our customers, we will conduct market or consumer research in relation to various aspects of our products and services, including but not limited to options for product promotions, features, delivery, and pricing. We reserve the right to include you in, or exclude you from, any or all of such market or consumer research without any prior notice to you at our sole and absolute discretion.
Registration and Your Account
Registration – In order to participate in our design forum or to receive our newsletters, you must be a registered user. You must provide SEIZ with your date of birth, country of residence, a screen name, a valid email address and a password of your choice during the registration process. Any further data is provided optionally by you. Additional personal data is required from you to fulfill orders, but this can be done without registering on our site. You agree to provide true, accurate and current information about yourself as prompted by the registration form, and maintain and promptly update the registration data to keep it true, accurate and current. You can update your screen name at any time, as often as desired, to identify yourself in connection with your posted Content. You always have the opportunity to supply your real name as screen name, but by doing so you are choosing to disclose your identity in connection with your comments and reviews on our website.
Account Access – You are responsible for maintaining the confidentiality of the password and account and for restricting access to your computer or mobile device. When visiting from a public or shared computer or from an unprotected mobile device you should log out at the completion of each visit. You agree to accept full responsibility for all activities that occur under your account or password. You agree to immediately notify SEIZ of any unauthorized use of your password or account or any other breach of security.
Minimum Age – If you are under 13, you may use our site only with the involvement of a parent or guardian. Users less than the age of 13 are strictly prohibited from creating a user account on our website.
Feedback, Comments and Reviews
Content – We permit you to post content to our website such as comments and reviews in form of text, messages, photographs, graphics, general data and/or information, multimedia presentations or other materials; you may also send content as email via the website, questionnaires and other communications; and submit content in form of suggestions, feedback, ideas, concepts, questions, techniques or other information to SEIZ ("Content”).
Use – By submitting a comment or review, you understand and are permitting that all information provided in your comment or review will be posted on our website together with your screen name and country of residence given at sign up; further you acknowledge that such Content is not included directly in your account, and may remain after the termination of your account. By posting any Content on our site or submitting Content to us, you grant SEIZ and its affiliates a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, and fully sub licensable right to use, reproduce, distribute, modify, adapt, translate, display and publish the Content in any media, software or technology of any kind now existing or developed in the future. SEIZ is under no obligation to respond, acknowledge or otherwise compensate for any Content provided by users.
Code of Conduct – You agree to use our website in a diligent, proper and lawful manner and to abstain from an intentionally or unintentionally violation of any applicable local, national or international law or any third party rights. Particularly, you agree not to post, upload, email or otherwise send or transmit any Content that consists of or contains: harsh, offensive, profane, vulgar or discriminatory language; personal attacks or harassments; materials that may harm minors in any way; phone numbers; mailing or e-mail addresses; references to other websites or services which are not related with SEIZ; promotional materials; political campaigning; any form of solicitation; any form of “junk mail” or “spam”; information you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); software viruses or other malicious computer code, files or programs. And you agree that the Content is not illegal, obscene, harmful, threatening, abusive, harassing, tortuous, libelous, hateful, defamatory, vulgar, false, erroneous, imprecise, disruptive to the normal flow of dialogue, invasive of privacy or publicity rights, infringing of intellectual property rights (patents, trademark, trade secret, copyright or other proprietary rights of any party), or racially, ethnically or otherwise objectionable or injurious to third parties. Further you agree not to: conduct yourself in a vulgar or offensive manner while using our service; collect or store personal data about other users; impersonate any person or entity, falsely stating or otherwise misrepresent your affiliation with a person or entity, or misleading or disguised information regarding the origin of the content; interfere with or disrupt the servers or networks connected to the SEIZ website, or disobey any requirements, procedures, policies or regulations of networks connected to the SEIZ website.
Responsibility – SEIZ takes no responsibility and assumes no liability for any loss or damage of any kind incurred as a result of Content received from you or any third party. Content whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content was received. SEIZ does not control the Content posted via the website and, as such, does not guarantee the accuracy, integrity, completeness or quality of such content, it is your responsibility to evaluate the information, opinion, advice, statements, or other Content. Further you agree that you will indemnify SEIZ or its affiliates for all claims resulting from Content posted or transmitted by you.
Right to Delete – You understand and agree that SEIZ may, but is not obligated to, review any activity or Content and may reject, delete or remove it without notice in its sole and absolute discretion, for any reason or no reason.
Termination
Upon your request we will cancel your account.
Please login to see the link.
SEIZ reserves the right (but not the obligation) to cancel your account, delete related information and/or Content and to terminate or restrict your use of the website temporarily or permanently, immediately and without notice, in its sole and absolute discretion, if you violate the letter or spirit of these T&C.
Links to third-party web sites
In an attempt to provide you with increased value, we may include third party links on our site. Websites to which our site links do not operate under these T&C, please consult the relevant terms of the linked websites. SEIZ does not control, recommend, sponsor or endorse any such third party websites and you acknowledge and agree that SEIZ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Electronic Communications
When you visit the SEIZ website or send e-mails to us, you are communicating with us electronically. You consent to receive electronic communications from us. Subject to you exercising the opt-out option, we will continue to communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree that SEIZ has no responsibility or liability for the deletion, timeliness, mis-delivery or failure to store any messages and other communications or other Content maintained or transmitted by the website.
Disclaimer and Limitation of Liability
You understand and agree that the SEIZ products including all features, and functionalities associated therewith, the website and its contents are provided on an “as is” and “as available” basis with all faults and without warranty, guarantee or representation of any kind, neither expressed or implied, including without limitation, warranties of merchant ability, satisfactory quality, fitness for a particular purpose and non-infringement. You accept that SEIZ does not warrant that product descriptions or other contents of any sales literature, or in any advertisement whether in newspapers, magazines, on the SEIZ website or otherwise or in any invoice or other document issued by us is accurate, complete, reliable, current, or error-free and any changes, omissions or errors made may be made or corrected by us without liability. You expressly agree that your use of this site is at your sole risk and you assume all responsibility. You also accept the additional effort which might be caused by any failures, missed shipments, wrong product deliveries, delays, or interruptions in the shipment of goods. SEIZ will not be liable for any damages you may suffer as a result of your use from this site or our products, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. SEIZ reserves the right at any time to modify or discontinue, temporarily or permanently, the functionality or other aspects of the website with or without notice. You agree that SEIZ shall not be liable to you or to any third party for any modification, interruption in availability, suspension or discontinuance of the website. You accept that any future features, contents and products that augment or enhance the current offering shall be subject to the T&C. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon SEIZ or its affiliated parties.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, SEIZ’s liability in such jurisdictions shall be limited to the extent permitted by law and shall be limited to a refund equivalent to the original purchase price of the products.
In no event shall SEIZ, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees be liable or responsible to you for personal injury or any special, incidental, indirect, consequential or exemplary loss or damages of any kind, or any damages whatsoever resulting from loss of use, data or revenues, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of any SEIZ products, its website, its contents, features or functionalities associated therewith. You agree to indemnify and hold SEIZ, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim, demand or damage, including reasonable attorneys' fees, made by any third party due to or arising out of your purchased products, your use of the website, your posted content, your violation of the T&C, or your violation of any rights of another, whether you are a registered user or not.
Links from within these T&C
All links within these T&C towards other documents are provided for ease of use and do not include those documents into the T&Cs, those documents may change anytime and without prior notice.
Changes to T&C
SEIZ reserves the right to make changes to its policies and this T&C at any time in its sole and absolute discretion. The most current version of the T&C will supersede all previous versions. Orders completed before a change of T&C will remain governed by the T&C in force at that moment of the orders completion. SEIZ will attempt to provide you notice of revisions to the T&C but cannot be held responsible if those notifications do not reach you. Therefore, it is up to you to review the T&C periodically to determine if there have been changes made. The most current version of T&C can be reviewed by clicking on the "Terms" link located at the bottom of the pages of the SEIZ website. Your continued use of the SEIZ website after changes are made shall confirm your agreement to follow and be bound by the terms as modified.
Waiver and Severability of Terms
The failure of SEIZ to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If by a court of competent jurisdiction any provision of the T&C is deemed invalid, void or for any reason unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
Authoritative Version
This T&C is published in several languages. In the event of contradictions, the English version is authoritative.
Applicable Law and Jurisdiction
The T&C and the relationship between you and SEIZ shall be governed and construed by the laws of Spain without regard to any conflict of law provisions. You and SEIZ agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Madrid, Spain, over any dispute of any sort that might arise between you and SEIZ or its affiliates.
Contact
We welcome your questions, comments, and concerns about our T&C. You can contact us at anytime using our contact form. If for some reason you prefer to send your concern anonymously you can also send us a message using the feedback button – make sure you log-out before sending the message as your user name will be shown to us in the message otherwise.
