Terms of service

Article 1 – Definitions

Under these conditions, the following definitions apply:

Cooling-off period  : the period during which the consumer can exercise their right of withdrawal;

Consumer  : a natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day  : calendar day;

Long-term transaction  : a distance contract relating to a series of products and/or services where the obligation to deliver and/or purchase is spread over time;

Durable medium  : any means enabling the consumer or entrepreneur to store information addressed personally to them in such a way as to allow future consultation and unchanged reproduction of the stored information.

Right of withdrawal  : the possibility for the consumer to cancel the contract remotely within the reflection period;

Entrepreneur  : the natural or legal person who offers products and/or services remotely to consumers;

Distance agreement  : an agreement in which, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.

Remote communication technology  : a means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same room at the same time.

General Terms and Conditions  : these are the General Terms and Conditions of the contractor.

Article 2 – Identity of the entrepreneur

Company name: Falceri
Address: 8000 Nix Rd, Tolar, TX 76476, United States
Email: info@falceri.com
Phone number: +15105447065

Article 3 – Applicability

These general terms and conditions apply to each offer from the entrepreneur as well as to each distance contract and order concluded between the entrepreneur and the consumer.

Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge as soon as possible upon the consumer's request.

If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be read by the consumer and easily stored on a durable medium. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

In the event that, in addition to these general terms and conditions, general terms and conditions specific to a product or service also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.

If one or more provisions of these terms and conditions are at any time wholly or partially invalid or unenforceable, the remainder of the contract and these terms and conditions shall remain in full force and effect, and the provision in question shall be immediately replaced by a provision as close as possible to the original.

Situations not regulated in these terms and conditions shall be assessed "in the spirit" of these terms and conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The contractor has the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these constitute a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images and specifications of the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are a true representation of the products offered. The seller cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains information that clearly explains to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:

  • The price excludes customs clearance fees and import VAT. These additional charges will be borne and at the risk of the customer. The postal and/or courier service will use the special regime reserved for postal and courier services with regard to imports. This regime applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (with or without the invoiced customs clearance fees) from the recipient of the goods.
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are necessary for this;
  • whether the right of withdrawal applies or not;
  • the method of payment, delivery and execution of the contract;
  • the offer acceptance period or the period during which the contractor guarantees the price;
  • the amount of the tariff for remote communications if the costs of using the technology for remote communications are calculated on a different basis than the regular basic tariff for the means of communication used;
  • is the contract archived after its conclusion, and if so, how can it be accessed by the consumer?
  • the way in which the consumer, before concluding the contract, can verify the data he has provided in the context of the contract and, if he wishes, restore it;
  • any other language in which, besides Dutch, the contract can be concluded;
  • the codes of conduct to which the entrepreneur has committed and how the consumer can access these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colours, type of materials.

Article 5 – The Agreement

The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. The consumer may cancel the contract until the trader has confirmed receipt of this acceptance.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

Within the legal framework, the entrepreneur may inquire whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this inquiry, the entrepreneur has good reason not to conclude the contract, they have the right to refuse an order or request with justification, or to attach specific conditions to its execution.

The trader will send the consumer the following information with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. the address of the contractor's agency where the consumer can go to file a complaint;
  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
  3. information on existing warranties and after-sales service;
  4. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
  5. the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term operation, the provision of the preceding paragraph applies only to the first delivery.

Any agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving a reason within 14 days. This cooling-off period begins the day after the product is received by the consumer or a representative previously designated by the consumer and notified to the trader.

During the cooling-off period, the consumer must handle the product and its packaging with care. They should only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product to the trader with all accessories provided and – if reasonably possible – in its original condition and packaging, in accordance with the trader's clear and reasonable instructions.

If the consumer wishes to exercise their right of withdrawal, they must inform the trader within 14 days of receiving the product. The consumer must do so by means of a written message or email. After the consumer has indicated their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the delivered goods were returned on time, for example, by providing proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the cancellation. This is conditional upon the product having already been returned by the online retailer or conclusive proof of its complete return being provided.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly indicated it in the offer, at least in time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for the following products:

  1. which were created by the entrepreneur in accordance with the consumer's specifications;
  2. which are clearly of a personal nature;
  3. which, by their nature, cannot be returned;
  4. which can spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been broken by the consumer.
  8. for hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is only possible for the following services:

  1. concerning accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
  2. whose delivery began with the consumer's express consent before the expiry of the cooling-off period;
  3. regarding betting and lotteries.

Article 9 – The price

During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the preceding paragraph, the entrepreneur may offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no control. This liability for fluctuations and the fact that the prices indicated are indicative prices are stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from regulations or legal provisions.

Price increases starting 3 months after the conclusion of the contract are only permitted if the contractor has stipulated it and:

  1. These are the result of regulations or legal provisions; or
  2. The consumer has the right to terminate the contract from the day the price increase takes effect.

In accordance with Article 5, paragraph 1, of the Turnover Tax Act of 1968, the place of delivery is the country of origin of the transport. In this case, the delivery takes place outside the EU. The postal or courier service will then collect import VAT or customs clearance fees from the customer. Therefore, no VAT will be charged by the trader.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the contractor is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The contractor guarantees that the products and/or services conform to the contract, the specifications indicated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions in force on the date of conclusion of the contract and/or government regulations. If agreed, the contractor also guarantees that the product is suitable for a use other than normal.

A warranty provided by the contractor, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the contractor under the contract.

Any defect or incorrectly delivered product must be reported in writing to the contractor within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for each individual consumer application, nor for advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or have been handled negligently or are contrary to the instructions of the contractor and/or on the packaging;

The defect results in whole or in part from regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The contractor will exercise the utmost care in receiving and processing product orders.

The delivery location is the address that the consumer provided to the company.

In accordance with Article 4 of these terms and conditions, the company will fulfill accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge and is entitled to any applicable compensation.

In the event of dissolution in accordance with the preceding paragraph, the entrepreneur shall reimburse the amount paid by the consumer as soon as possible, but at the latest within 14 days following the dissolution.

If delivery of an ordered product proves impossible, the seller will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return are borne by the seller.

The risk of damage and/or loss of the products remains with the contractor until the moment of delivery to the consumer or to a representative designated beforehand and made known to the contractor, unless otherwise expressly agreed.

Article 12 – Duration of operations: duration, cancellation and extension

Termination

The consumer may terminate at any time a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of a maximum of one month.

The consumer may terminate a fixed-term contract which covers the regular delivery of products (including electricity) or services at any time up to the end of the fixed term, subject to the agreed termination rules and a notice period of at least one month maximum.

The consumer may terminate the contracts referred to in the preceding paragraphs:

cancel at any time and not be limited to cancellation at a certain time or within a certain period;

at least cancel them in the same way they were concluded by him;

Always terminate with the same notice period that the contractor agreed upon for themselves.

Extension

An agreement concluded for a fixed term and which extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.

Notwithstanding the preceding paragraph, a contract concluded for a fixed term and which extends to the regular delivery of daily and weekly information and magazines may be tacitly extended for a fixed term of up to three months, if the consumer refuses to accept this extended agreement may terminate the extension with a maximum notice of one month.

A contract concluded for a fixed term and which extends to the regular delivery of products or services may not be tacitly extended for an indefinite period unless the consumer can terminate at any time with a maximum notice period of one month and a maximum notice period of three months if the agreement extends to the regular delivery, but less than once a month, of daily, information and weekly newspapers and magazines.

A limited-term contract for the regular delivery of daily, news and weekly newspapers and magazines for launch purposes (trial or launch subscription) is not tacitly continued and terminates automatically after the trial or launch period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a maximum notice of one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, sums due by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins to run after the consumer has received confirmation of the agreement.

The consumer has an obligation to immediately notify the entrepreneur of any inaccuracies in the payment data provided or declared.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable fees communicated to the consumer in advance.

To optimize the payment process, a partnership has been established with Falceri. This means that all payments from various payment service providers are transferred to Falceri, which then forwards them. Therefore,  Falceri is not responsible for any defects resulting from the purchase.


Article 14 – Complaints Procedure

Claims regarding the performance of the contract must be submitted fully and clearly to the contractor within 7 days of the consumer discovering the defects.

Complaints addressed to the contractor will be answered within 14 days of receipt. If a complaint requires a longer processing time, the contractor will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the claim cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

A claim does not suspend the obligations of the contractor, unless otherwise indicated in writing by the contractor.

If a claim is deemed justified by the contractor, the latter will replace or repair the delivered products free of charge, at its discretion.

Article 15 – Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and strengthened in 2024 concerning the "Amendment to the Turnover Tax Act of 1968 (implementation of the Payment Service Providers Directive Act)" and therefore the implementation of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.

Company name: Falceri
Address: 8000 Nix Rd, Tolar, TX 76476, United States
Email: info@falceri.com
Phone number: +15105447065

Customer service hours:
Monday to Friday: 8:00 AM – 5:00 PM
Saturday to Sunday: 9:00 AM – 4:00 PM

We aim to respond to all enquiries within 12 hours.