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Terms and conditions

Terms and Conditions
Read the following general terms and conditions (hereinafter referred to as “Terms and Conditions”). They will apply to the navigation of www.johnfoosla.com (hereinafter referred to as the “Website” when used in connection with the Internet website) and to the services offered in it. Responsibility for the abovementioned “Website” and the products offered lies on Flingday S.A.

The rights of use of the www.johnfoosla.com website are property of Flingday S.A.

Acceptance and Acknowledgement of Terms and Conditions
These Terms and Conditions are binding and enforceable. They apply to all sales and activities conducted through the Website. The use of the Website implies acknowledgement and acceptance of the Terms and Conditions. If you disagree with them, do not use the Website and/or the services offered by it. Consequently, the term “user” of the Website includes both registered users and visitors.

Modification of Terms and Conditions
When a purchase is confirmed, the user will be assigned an operation or transaction number. The user will also receive a purchase order confirmation via email, along with an order number. Flingday S.A. will duly inform users on such modifications via notifications published on the Website for a reasonable period of time. Notwithstanding the abovementioned, it is the user’s responsibility to read the Terms and Conditions each time they enter the Website in case modifications were to be made.

Service Interruption –Liability Limitation
Flingday S.A. reserves the right to permanently or temporarily interrupt, suspend, or modify the services offered on this Website at any time. Users will not be requested to consent to such interruption, suspension or modification, and it will not be necessary for the company to provide prior notice. Flingday S.A. does not guarantee, represent or warrant that the access and use of the Website will be uninterrupted, since said access or use may be suspended or interrupted due to technical reasons beyond Flingday S.A.’s control.

However, if the abovementioned suspension or interruption were not due to Acts of God or Force Majeure, Flingday S.A. commits to provide the services pending at the moment of suspension or interruption.

Flingday S.A. does not guarantee, represent or warrant that the Website will be free from viruses, worms or any other threat which could potentially damage the normal functioning of a computer. It shall be the user’s sole responsibility to have the adequate tools for detecting, disinfecting and/or preventing any type of threat or potential damage of this nature.

Flingday S.A. will not be held liable for any damage which could be produced in users’ or third parties’ equipment caused by navigating this Website.

Registration
Users may freely navigate the site. However, in order to make a purchase, the user must provide all the information required by the Website. They must fill in a registration form and indicate a user name and a personal password to log in to their personal account. If the user forgets this information, Flingday S.A. provides a help service for its recovery. The user must click the appropriate option and enter the email provided at registration. Then, the system will confidentially send the username and personal password to that email account. Flingday S.A. commits to maintaining the confidentiality of the information provided by users at the moment of registration. Similarly, users shall commit to maintaining the confidentiality of their username and password. Pursuant to the previous paragraph, users are responsible for the use they make of their password and must take into account that, if third parties are or may be able to access the email account provided as their own in the registration form, these people could also request the recovery of the access password and username. It is exclusively up to the user to take the appropriate measures to prevent this from happening. The user agrees to immediately and conclusively notify Flingday S.A. at any of its contact email accounts upon any non-authorized use of their user’s account, and to indemnify Flingday S.A. in case this leads to any damage to the company or to third parties. Users’ registration is conducted by accessing the Website and is free of charge. It is compulsory to fill in all the fields with valid and true information, with accuracy and precision. For the correct functioning of the system, it is necessary that all the information requested be updated. Flingday S.A. could verify the identity of users and/or any of the information entered by them at any moment.

Flingday S.A. will not be held liable for the veracity or accuracy of the information provided by users. Moreover, Flingday S.A. reserves the right to temporarily or permanently suspend users upon non compliance of the Terms and Conditions. Flingday S.A. also reserves the right to reject applications.

Capacity
In order to use the services provided by the Website, legal capacity to contract is required. People who lack legal capacity, have been suspended or banned, or are underage will not be able to access the services. Parents, tutors or people in charge of an underage or legally disqualified person using the Website will be held liable to such use, including any charge, invoicing or damage arising from it.

Privacy Policy for Personal Information Provided by the User
In order to use the Website in an efficient and secure way, users must provide a certain amount of information, such as their name and surname, address, email account, and ID, without which it would be impossible to provide the services. For that reason, they are required to be true and accurate. The information gathered from the forms will be incorporated to Flingday S.A.’s general customer database.

The personal information provided by users in the Website will be treated with confidentiality and Flingday S.A. will try by all means to protect their privacy, in accordance with the provisions of Law 25,326. Notwithstanding the foregoing, the user must take into account that Internet is not an inexpugnable medium regarding security.

When data and numbers from credit cards are provided, they are encrypted, ensuring that they shall remain in complete confidentiality and cannot be seen by others.

Users are empowered to exercise the right of access, rectification, blocking or suppression of the personal information provided to the Website, either personally or through third parties. It should be noted that these rights can only be exercised in connection with information considered personal pursuant to the terms implied in Law 25,326.

In order to exercise any of these rights, the user must send an email to shop@johnfoosla.com including their name and surname, ID number, request and reasons why they intend to exercise their right. Once the aforesaid conditions are met, and if the request is duly ratified, Flingday S.A. will communicate the user its approval or rejection. Flingday S.A. will have 10 working days after the request is received to notify the user in case of an access related request, and 5 working days in case of a request related to rectification, updating or suppression of information.

Moreover, users may at any time request deregistration and removal of their account from the database, sending an email to shop@johnfoosla.com.

Flingday S.A. ensures users that the information they provide will be used as prescribed by Law 25,326, which protects personal information.

In case the information is required by legal, administrative or judiciary authorities, Flingday S.A. will be obliged to reveal them to the soliciting authority. Should the applicable legislation and rules of procedure allow notification to the user, Flingday S.A. will inform them about such requirement.

Once registered in the Website and included in the general customer database, users agree that Flingday S.A. may, at its sole discretion, contact them via mail, telephone or email to send them any type of information which may be of users’ interest, including advertisements and information on discounts and deals. In case users do not want to be contacted to this end, they can notify their decision to Flingday S.A., and the company shall proceed with the interruption of this type of messages as soon as possible.

A user may exercise the right to access its personal information free of charge, not more often than every six months, with the exception of cases where a legitimate interest is certified to the effect of what is established in Article 14, Section 3, Law nº 25,326. The Dirección Nacional de Protección de Datos Personales (National Bureau for the Protection of Personal Information), a control agency referred to in Law 25,326, has the faculty to receive formal complaints and claims involving the violation of rules regarding the protection of personal information.

Veracity of the Information Provided
If the information provided by the user is not true, they will be liable for the damages this may cause.

Cookies
The Website may use a follow-up system with “cookies,” in order to make the access to information from page to page easier. In some cases, it also helps identify users without having to repeatedly request their access password.

These cookies are small files the visited page sends to the computer’s hard disk, occupying little space.

Users are informed that “cookies” can be limited or restricted to their own preference, though it is not advisable to restrict them altogether.

The system can gather information on your preferences and interests. In case this should happen, the information will be used exclusively for statistical ends aiming to improve the service provided by the Website. As possibly, Flingday S.A. will apply dissociation measures in order to maintain users’ information unidentifiable.

Availability and Price of Products Offered
Before they purchase, users must take into consideration that the items selected may not be in stock at the moment. All purchases are subject to availability, which will only be ensured once the operation number is confirmed, in the last step of the buying process.

Moreover, in the unlikely case that the product/s selected is/are out of stock or delayed, Flingday S.A. will contact the user and offer them to choose one of the following options:

A) Continue waiting until the product selected is delivered (in case of delay);
B) Cancel the purchase and ask for a reimbursement via the original payment method;
C) Purchase an alternative product offered by Flingday S.A. specifically for that case;
D) Cancel the purchase and receive a purchase order for the same amount paid.

If the user chooses to cancel the purchase, the amount paid will be reimbursed in accordance with the duly selected payment method.

If the user chooses the alternative product offered by Flingday S.A., its features must be the same as or superior to the original product. Under no circumstances will the user be allowed to pay for compensatory amounts or manage the price differences, unless Flingday S.A. offers, and the user accepts, a product whose features are notoriously superior to and more expensive than those originally requested by the customer.

Important: The user will have ten days to select one of the options included in this section. If the user does not choose any of the options within the aforesaid time frame, Flingday S.A. can assume that he/she has chosen to cancel the purchase and shall proceed to reimburse the amount paid via the original payment method.

Information regarding products and prices published in this page is subject to changes and can be modified or updated directly by Flingday S.A. Any price or condition of a product which has already been confirmed in an operation shall not be modified.

Validity of Promotions
Offers and promotions only apply to purchases made between the starting date and the end date of said offers and promotions. Terms and conditions for promotions will be communicated through the Website and will always be subject to stock availability.

Value Added Tax (VAT))
All prices expressed in the Website include VAT, unless otherwise specified.

Product Warranties
The warranties for the products purchased through Flingday S.A. cover manufacturing or quality defects only if the products have been used for the end to which they were manufactured. Flingday S.A. does not cover defects due to misuse of abuse of products, being the customer, in these cases, sole responsible for said defects.

Return and Exchange Policy
Exchanges must take place within 30 days after the purchase date, without exception.
Returns can be made in exchange for credit for the same amount to be used in the Website when the customer so decides. No refunds are provided.
Requirements to accept the exchange:

1. The product must be unused.
2. The product can be open but it must be within its original packaging, which must be complete and in perfect conditions. This means that there must not be any damage on the graphics on the boxes, the polystyrene packaging or any other parts of it.
3. All accessories (if any) must be returned.
4. If the product is returned due to failure, Flingday S.A. will examine it for confirmation. If the failure is not attributable to misuse, the warranty can be enforced.

Currency
Unless otherwise specified, such as in the World Site, the prices listed in the Website are expressed in Argentine pesos, the legal currency in Argentina.

Payment Methods
Payments can be made by credit card and other payment methods offered through MercadoPago. Flingday S.A. may enable further options in order to facilitate customers’ purchases.

All payment methods are subject to the amount being duly credited and/or verified..

Credit Card Payment
Online payments can be made with Visa, MasterCard, Argencard, Tarjeta Naranja, American Express, Nativa, Tarjeta Shopping, Cencosud and Cabal cards. The payment processing service will be provided by NPS. Flingday S.A. is not liable for the potential interruptions in the service provided by these companies or for their handling of information.
The confirmation of a purchase paid with credit card will be subject to authorization by the issuer.

For purchases in cash, an invoice must be obtained through MercadoPago to be paid via Pago Fácil or Rapi Pago.

Shipping Costs
The user will be clearly informed on the shipping costs before the purchase. The costs are calculated based on total weight and/or total volume of the shipped product/s, and they also depend on the area of delivery.

Shipping costs will be included as a separate item in the invoice. Flingday S.A. constantly tries to improve the quality and cost of the shipping service for their customers.

Delivery Hours
Products will be delivered from Monday to Friday, from 9 am to 7 pm, with the exception of national holidays. If the delivery date is a national holiday, it will be moved to the next working day. Users may not select a delivery time or date. Suggestions may be included in the observations field at the moment of purchase, which will be subject to the route followed by the company in charge of shipping the products.

Shipping Address
The shipping address will be indicated by the user. It does not necessarily have to coincide with the user’s home address. It is up to the user to complete and carefully check the shipping information for the delivery to be done effectively and punctually. Shipping to PO boxes is not allowed. Flingday S.A. is not liable for missing and/or mistaken information in the address provided. If the user needs to request a change in the shipping address, it should be duly indicated at the moment of purchase or by sending an email at shop@johnfoosla.com including the new shipping address and the order number.

Checking Delivery Status
As part of the purchasing process, UPS will send the customer an automatic email with a tracking number once the item is shipped. This way, customers can track the delivery status of the order anytime on the logistics provider’s webpage. If the customer should lose or have any trouble with the tracking number, Customer Care can be contacted in order to request it, indicating the order number.

Shipping Delays:
Invoices are generated from Monday to Friday, from 8:30 am to 5:30 pm.
Items go out for delivery three days after they are picked up by UPS from Flingday S.A.

Invoices
The user will be provided with an invoice containing clear and precise information about the item/s purchased, the payment method and preferences, and the currency for the transaction at Flingday S.A. This document can be obtained by contacting the company at shop@johnfoos.com

Invoices are issued by Flingday S.A..

Anyone who does not wish to receive these communications via email must request it by sending an e-mail at shop@johnfoosla.com.

“The owner of the information may at any time request the removal or blocking of their name from the databases referred to in this article”. (Art. 27 Sec. 3º Law 25,326.)

“In all advertising messages communicated via mail, telephone, email, Internet or any other long-distance medium, the addressee will be clearly and expressly informed about the possibility to request total or partial removal or blocking of their name from the database. Upon request, the name of the person in charge of or user of the database providing the information must be revealed (Paragraph 3º, Art. 27, Annex I, Doc. 1558/01).

Prohibitions
Users are strictly forbidden to:

A) Send files or any type of information with illegal, obscene, abusive, libelous, injurious or immoral content;
B) Send files containing viruses or any other feature that may cause potential harm to a computer, the Website, or the system;
C) Use the Website to violate any kind of existing rules;
D) Provide false information at the moment of registration or purchase, or at any other moment when any kind of information or personal data is requested; offer products or services;
E) Use programs, software, or automatic or manual devices to monitor or copy information or any type of content from the site without prior consent from shop@johnfoosla.com

Statements
Flingday S.A. is not liable for the veracity of the information incorporated into the Website by third parties, nor is it liable for its direct reproduction or communication by Website users without verification by Flingday S.A. If a user is affected by the information alluded to in the previous paragraph, this should be notified to Flingday S.A. via email or mail, so that it is suppressed.

All rights reserved. Intellectual property
All rights from this Website are reserved to Flingday S.A. by virtue of the rights of use of the www.johnfoosla.com domain.

The content of this Website, including but not limited to text, logos, graphics and all of the overall design, along with its database and software, are either property of Flingday S.A. or can be exclusively used by it by virtue of licenses to use granted to it. The content of this Website is also protected by national and international laws on intellectual property.

If the user considers that the Website violates or affects in any way intellectual property rights of third parties, they should notify Flingday S.A. to the address indicated in these general terms and conditions, including all the information and documents supporting the aforesaid consideration.

Corporate Name and Address
The corporate name of the company is Flingday S.A. and its address is Intendente Neyer 740, Neighborhood: UNI FUNC 01 Beccar 1643, Buenos Aires, Argentina.

Notifications
All the notifications and/or communications related to the use of the Website under these general terms and conditions are to be sent in writing: (i) to the user: via e mail, at the e-mail account provided by the user, o via registered letter to the address indicated in the registration form; (ii) to Flingday S.A.: at the e-mail account shop@johnfoos.com, or to its legal address indicated in the previous section.

Advertising and Links
If the user clicks on third-party advertisements or links and enters websites which do not belong to Flingday S.A., they will be subject to the terms and conditions of those sites. The user must carefully read the access and use policies of these websites.

Flingday S.A. does not ensure the legality, update, quality or utility of the content, operations and information communicated, reproduced and/or distributed by third-party linked sites, nor the lack of harm from such contents or services. Therefore, Flingday S.A. is discharged from liability by the user for the content included in the abovementioned sites or the services provided or promoted therein.

Jurisdiction and Applicable Law
These Terms and Conditions shall be entirely governed by and interpreted in accordance with the laws of Argentina.

If there are differences, disagreement or conflict deriving from the interpretation, validity, scope and/or application of these general terms and conditions, users shall duly communicate so to Flingday S.A., sending their claim so that the parties are able to reach an agreement.

In case a solution cannot be reached and in order to ensure consumers full access to justice, users may choose to send their claim to one of the following instances:

A) Subsecretaría de Defensa del Consumidor (Division of Consumer Protection), 25 de Mayo nº 520, San Isidro.
B) Centro de Mediación del Colegio de Abogados de San Isidro (Mediation Center from the San Isidro Bar Association), Acassuso 424, San Isidro.
C) Juzgados Civiles y Comerciales del Departamento Judicial de San Isidro (Civil and Commercial Courts of San Isidro).

If any of the abovementioned options are burdensome or economically impractical for users living abroad, the parties shall, upon request by the user, jointly agree a convenient mechanism to solve their differences.

Moreover, the user may reach Flingday S.A. at shop@johnfoosla.com anytime in order to come to an agreement.

International Shipping

Free international shipping for orders to:

- Bolivia
- Brasil
- Chile
- Colombia
- Continental US
- Costa Rica
- DominicanRepublic
- Ecuador
- El Salvador
- Guatemala
- Honduras
- Nicaragua
- Panamá
- Paraguay
- Peru
- Puerto Rico
- Uruguay
- Venezuela

Countries we ship to:

- Bolivia
- Brasil
- Chile
- Colombia
- Costa Rica
- DominicanRepublic
- Ecuador
- El Salvador
- Guatemala
- Great Britain
- Honduras
- Japan
- Nicaragua
- Perú
- Portugal
- Puerto Rico
- Spain
- Uk
- UnitedStates
- Uruguay
- Venezuela

If your country is not on this list, we will try to accommodate you. Please write to us at shop@johnfoosla.com

Taxes and Duties
All applicable customs and import duties and fees, taxes and any other charges and fees are the responsibility of the customer (even if you refuse any shipments upon delivery).We ship your package DDU, "duties and taxes unpaid", and we do not collect the VAT, duties and/or taxes and cannot predict what your particular charges may be. If your order does require these additional charges, they must be paid by you in order for your package to clear customs.
Customs authorities require that we state the value of your order directly on your package(s). Customs agents have the right to release or deny release of your package(s), and in rare cases, they may also delay delivery.

Currency Conversions
Unless otherwise specified, all international prices on our site are in US dollars, and charged to your credit card in US dollars. The bank that has issued your credit card determines the exact exchange rate that you will be charged.

Flingday S.A. CUIT: 30-70785082-1 Address: Intendente Neyer 740, Beccar 1643, Buenos Aires, Argentina.