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Welcome to the Fig Labs Limited (“Fig Labs”) website (our "Website") where we provide access to the website and sell our products to you subject to the terms and conditions set out on this page. Please read these terms and conditions carefully before using this website. By using our Website, you signify your agreement to be bound by these conditions. If you would like to talk directly to Fig Labs, please contact sales or customer service by emailing to enquiry@figlabs.com. 1.1 If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. 1.2 Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of our Website. 1.3 Fig Labs reserves the right to refuse access to our Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you. Please review our Privacy notice, which also governs your visit to our Website, to understand our practices. 3.0 Access to Figlabs.comWe will do our utmost to ensure that availability of our Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to our Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. 4.0 License for website access4.1 Fig Labs grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fig Labs. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. 4.2 This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 4.3 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fig Labs without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fig Labs names or trademarks without the express written consent of Fig Labs. Any unauthorized use terminates the permission or license granted by Fig Labs. 4.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of our Website as long as the link does not portray Fig Labs, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fig Labs logo or other proprietary graphic or trademark as part of the link without our express written consent. 5.1 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. 5.2 You understand that you, and not Fig Labs, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. 5.3 You must not use the website for any of the following: • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" • to cause annoyance, inconvenience or needless anxiety 6.0 Reviews, comments, communications and other content6.1 Users of our Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Fig Labs reserves the right (but not the obligation) to remove or edit any content. 6.2 If you do post content or submit material, and unless we indicate otherwise, you grant Fig Labs a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fig Labs and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Fig Labs, including the execution of deeds and documents, at the request of Fig Labs. 6.3 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Fig Labs: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Fig Labs policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Fig Labs and its affiliates for all claims brought by a third party against Fig Labs or its affiliates arising out of or in connection with a breach of any of these warranties. Because Fig Labs is a small enterprise, it is not possible for us to be aware of each comment or review that is displayed. Accordingly, Fig Labs operates on a "notice and takedown" basis. If you believe that any content on the website contains a defamatory statement, please notify us immediately. Once notified, Fig Labs will make all reasonable endeavors to remove the defamatory content complained about within a reasonable time. 8.0 Copyright and database rights8.1 All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fig Labs, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. 8.2 All software used on this website is the property of Fig Labs, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws. 8.3 You may not systematically extract and/or re-utilize parts of the contents of the website without Fig Labs express written consent. Fig Labs and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Fig Labs immediately. This section deals with conditions relating to the sale of products by Fig Labs to you. When you place an order to purchase a product from Fig Labs, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product, which, is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract. Please review our Returns Policy, which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. 13.0 Pricing and availability13.1 All prices listed on the site include VAT unless stated otherwise. 13.2 Whilst we endeavor to ensure the prices on our website are as accurate as possible, we reserve the right to change a price in exceptional circumstances. If a price is corrected due to exceptional circumstances, customers will be informed of the change before payment is processed and offered the opportunity to cancel the order. 13.2 Despite our best efforts, it is possible that products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. 13.3 Prices on orders for out-of-stock or pre-release items are valid for one week after the order is placed. If the price changes when stock becomes available customers will be informed of the change before payment is processed and offered the opportunity to cancel the order. 13.4 We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. 14.1 When ordering goods from Fig Labs for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Fig Labs, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. But be aware that cross-border deliveries are subject to opening and inspection by customs authorities. 14.2 For all countries outside of the EU, for example USA, Switzerland or Taiwan - no VAT is charged. 14.3 For all customers in the UK and other European Union countries - VAT is charged at the UK rate of 17.5%. Documentation is enclosed with the goods to confirm that VAT has been charged and the rate that has been applied. Our VAT registration number is UK 861 4199 13. 15.1 Your credit card will be debited on the day we ship your goods. 15.2 If your goods fail to arrive within 28 days of dispatch, you will have the option of either a full refund or a replacement shipment. 15.3 Where an incorrect address has been given to Fig Labs with the order, we reserve the right to charge for any extra carriage costs incurred. We reserve the right to decline any order for any reason. Conditions applying to both Use and SaleFig Labs does not sell products for purchase by children. If you are under 18, you may use Fig Labs only with the involvement of a parent or guardian. 18.0 Electronic communicationsWhen you visit Fig Labs or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 19.1 Fig Labs will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. 19.2 We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. 19.3 Fig Labs does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty. 20.0 Alteration of Service or Amendments to the ConditionsWe reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. 21.0 Events beyond our reasonable controlWe will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. 23.0 Governing law and jurisdictionThese conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. 24.1 Fig Labs is the trading name for Fig Labs Limited. 24.2 We can be contacted at: Fig Labs Limited, Priest House, Priest Lane, Sopley, Christchurch, BH23 7BA, United Kingdom The above policies are part of our commitment to high quality service. They do not affect your statutory rights as a consumer.
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