Terms and Conditions

Effective Date of Current Policy: September 1, 2013.

Modern Lifestyle Imports, LLC, d/b/a Falk USA ("Falk USA", "we," or "us") operates the website located at www.FalkUSA.com (the "Site"). The use of the Site is subject to the following terms and conditions. By using this Site, you agree to these Terms and Conditions as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. These Terms and Conditions apply to all users, including both users who are simply viewing the Site and users who are purchasing goods through the Site. If you do not agree to these Terms and Conditions, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Falk USA without restriction.

General

  1. These terms do not affect other rights that you may have by law.
  2. Until we have accepted your purchase there will be no obligations on either side.
  3. Sale of all merchandise seen on the Site is contingent to availability. If an item is not found in stock, the customer will be informed.
  4. Items that cannot be provided to the customer will not be charged to him or her.
  5. By accepting these Terms and Conditions, you agree that you understand that they substitute all previous verbal or written agreements and/or statements concerning the merchandise and services.
  6. Any agreement with our sales persons, agents or representatives is not binding as they do not have the authority to alter, add or waive any of these Terms and Conditions. Any alteration or addition will not hold us liable unless we agree to them in writing.
  7. By accepting these Terms and Conditions, you state that all information and details provided by you, including contact and payment details, are be up-to-date and correct.

Description of Services and Merchandise

  1. The description of the merchandise can be found on the Site. We do our best effort to ensure that the goods that are supplied to you are identical to those on the Site, although there may be minor variations to the description and/or specification of the goods due to the changes made by the manufacturers.
  2. Pictures and photographs of the goods on the site are for illustrative purposes only, and may not exactly match the goods.

Delivery

  1. The items will be delivered to the specified delivery address provided by you on the order form only after payment has been received.
  2. The items will be delivered as fast as possible, though minor delays or setbacks may occur. The shipping date and time specified by us is only an estimate and is not guaranteed.
  3. If for any reason at all (not due to the Company's fault) you do not accept delivery of any of the goods in accordance with this paragraph then we may charge you an additional fee to cover any reasonable additional direct costs incurred by us as a result (including additional insurance, delivery, storage or similar charges).
  4. We will not be held responsible for any delay caused by our suppliers.

Inspection of Goods

  1. Upon delivery the Customer is encouraged to inspect the goods carefully. If the goods are damaged or missing, please contact us, and refrain from using the goods.
  2. Once the goods have been received by the Customer, any damage incurred is the responsibility of the Customer.
  3. The Customer will be liable for any loss or damage inflicted on the merchandise from the time of the delivery unless such loss or damage is caused by our negligence.
  4. Falk USA will not pay the Customer's cost for any return of goods.

Price and Payment

  1. The Customer will pay the specified price upon placing the order.
  2. Falk USA accepts payment by Visa, Mastercard, American Express, Discover and PayPal. Credit Card payments are subject to authorization by the Credit Card issuer. If authorization is declined, we will not be held liable for non-delivery of any ordered goods.

Resale of the Goods

Unless otherwise specifically specified in writing, the goods are sold on the condition that they are not resold to the public.

Return of Goods

The return of any item is strictly governed by our Return Policy.

Falk USA will not accept any of the goods if they sustained damage while in the possession of the Customer. As a result, no refund or alternative item will be provided to the Customer.

Liability and Warranty

  1. We will not be liable for any damage caused to the goods by the customer once they have been delivered.
  2. We will not be liable for any damage or loss that may be caused by the use of the goods purchased from our Site.
  3. All information and material provided by this Site are provided on a given basis with no guarantee. We do not guarantee that the information is complete nor accurate nor current and updated.
  4. Under no circumstances will the Company or its employees, agents or subcontractors be liable to you the Customer for any business interruption, loss of use, loss of data, loss of profits, contracts, goodwill or anticipated savings.
  5. Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury resulting from our negligence or any breach of the statutory implied terms as to title of goods or for fraud or any other liability which by law we are not permitted to limit or exclude.
  6. Our maximum liability (and that of our employees, agents or subcontractors) to you in connection with any physical damage caused to your property through the negligence of us (or our employees, agents and subcontractors) will not in any circumstances exceed $1,000.
  7. In all other cases, our total liability (including our employees, agents and subcontractors) whether in contract, tort (including negligence) and breach of statutory duty or otherwise will not exceed the price of the goods and services to which the claim relates.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

From time to time we review these Terms and Conditions to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our website constitutes your acceptance of the terms of these Terms and Conditions as amended or revised by us from time to time, and you should therefore review these Terms and Conditions regularly to ensure that you are aware of its terms.

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. Falk USA may, at its sole discretion, modify this Privacy Policy at any time. By accessing the Site at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of September 1, 2013.

Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will 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 satisfy any legal requirement that such communication be in writing.

Copyright

Images of people, places and/or products posted on this Site are either the property of Falk USA, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Falk USA or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Falk USA and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at info@FalkUSA.com.

Trademarks

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Falk USA, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Falk USA, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

Limited License and Site Access

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

Accounts, Forms, Registrations and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Falk USA is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Falk USA.

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Falk USA immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Falk USA, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Falk USA cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

User Submissions

Content submitted by users of the Site for public view is referred to in these Terms and Conditions as “User Submissions.” You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Falk USA to use the User Submissions in the manner contemplated by the Web Site and these Terms of Use. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Falk USA an irrevocable, perpetual, worldwide, nonexclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms and Conditions.

Falk USA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Falk USA reserves the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Site for any reason.

Monitoring

Falk USA has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Falk USA has no obligation to display or post any content. Falk USA, subject to the Privacy Policy referenced above, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Falk USA shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Falk USA or any other party.

Digital Millennium Copyright Act

Falk USA expects all users to respect the intellectual property rights of others. Falk USA may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify us at info@FalkUSA.com.

Risk of Loss

All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Links to Other Websites

Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

Children

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Site.

FALK USA IS PROVIDING THIS SITE, ITS CONTENTS, AND ALL MERCHANDISE ON AN "AS IS" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. FALK USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FALK USA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; OR (3) ANY VIOLATION BY YOU OF: (A) THESE TERMS AND CONDITIONS; (B) FALK USA'S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS.

Termination

Notwithstanding any of these Terms and Conditions, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms and Conditions will still apply.

Governing Law

These Terms and Conditions and the relationship between you and Falk USA shall be governed by the laws of the State of New York as if you signed these Terms and Conditions in New York. The provisions of these Terms and Conditions that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms and Conditions.

Jurisdictional Issues

Unless otherwise specified, the materials in the Site are presented solely for the purpose of selling our products in the United States and its territories, possessions, and protectorates. Falk USA makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the user and Falk USA with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

If you have any questions about the Terms and Conditions of Use, please contact us at info@FalkUSA.com.

© 2017 FALK USA. All Rights Reserved. FALK USA is a registered trademark of Modern Lifestyle Imports, LLC