§ 1 DISCLAIMER OF WARRANTY
This product is sold as is and without any warranties as to performance or merchantability. All sales are final and as is. This means there are no refunds, returns or exchange. The entire risk as to the quality and performance of the goods is with the buyer. If the items purchased from 4woods prove defective following their purchase, the buyer and not 4woods, assumes the entire cost of all necessary servicing and repair.
The seller, sales person, or website may make statements about this product. Any such statements do not constitute warranties. Do not rely on these statements. This product is sold without any expressed or implied warranties whatsoever. Because of the diversity of conditions under which this product may be used, no warranty or fitness for a particular purpose is offered. The user is advised to test the product thoroughly before using it. The user must assume the entire risk of using product.
§ 2 Limitation of Liability
(1) 4woods USA, Inc.. (“4woods”) only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence.
(2) You are responsible for your own negligent use of our dolls. Using the dolls can involve physical activity and you assume the risks associated with engaging with physical activity with our dolls.
(3) Seller is not responsible for any injury that buyer may sustain using this product for whatever reason.
§ 4 General Information
For all your orders in the context of this online offer 4woods is your contracting partner. You are the customer. All services for sale of goods from 4woods to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between 4woods and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if 4woods has agreed to them in writing.
§ 5 Standard Terms
(1) The “offers“ contained on the website represent a non-binding invitation for the customer to place an order with 4woods.
(2) By filling out and sending an order form on the Internet, the customer makes an offer for a contract of sale or, as the case may be, a contract for work and materials. 4woods sends an order confirmation and payment request via e-mail to the customer. Once payment is received, the contract (order) cannot be cancelled without any exceptions.
(3) 4woods reserves the right to reject any received orders for any reason with notice to the customer.
(4) The contract ends with the complete delivery to the customer supplied address through 4woods’s shipment provider.
§ 6 Delivery / Shipment
(1) Because each doll is handmade starting at the time the order is completed, delivery often takes between 50 and 60 days, but can take longer. The time to hand create a doll can change due to availability of materials, the artist’s work reflecting customer requests, and shipping time contingent on country, customs, and the carrier. Estimated delivery time initially informed is not a guaranteed delivery time. In such cases, customers will be notified of changes by 4woods USA.
(2) Delivery is available to the United States, Canada, and Mexico through the 4woods USA website.
(3) Delivery shall be conducted by a shipment service provider chosen by 4woods. The customer has to pay standard shipping costs which may depend on order value, and where the order is shipped to.
§ 7 Prices
(1) For shipping to the United States, the stated prices are final. California customers pay a sales tax of 8.75 percent. Shipping and handling are billed separately and shown separately on the invoice. The shipping address and order amount is decisive for location determination.
(2) For customers from outside the United States, including Canada, all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales or other taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay shipping and handling, which may depend on order value and the delivery location.
(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction prior to shipping.
§ 8 Payment
(1) Payment will be carried out according to the customer´s choice of either direct debit, credit card, advance payment or other payment methods. 4woods reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.
(2) 4woods USA customers have the choice to place a 50% security deposit. Because each doll is custom made for each customer, the security deposit is non-refundable. The remaining 50% is due upon notice to the customer of completion of the doll.
(3) In case of the method of payment chosen by the customer not being practicable, where 4woods has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by 4woods or a third party which carried out the transaction.
(4) 4woods is entitled to make use of the services of trustworthy third parties for the handling of the payment:
a) If it comes to a default of payment of the customer, 4woods is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
b) In the case of intervention of third parties in the handling of payments, then payment in relation to 4woods only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
§ 9 Technical and Design Deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.
§ 10 PRIVACY
§ 11 THIS IS THE FINAL AGREEMENT
This Agreement constitutes the entire agreement of the parties and controls over all prior or contemporaneous representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be modified only in writing and shall be enforceable in accordance with its terms when signed by each of the parties.
1. What Types of Information Do We Collect?
We collect Personal Information and Generic Information. Personal Information is more sensitive because it can identify you individually. Generic information, even when combined, cannot identify you individually.
Some examples of Personal Information include your full name, address, phone number, credit card number, etc. However, we will not necessarily ask you for all of those things. This list is for illustrative purposes only.
Some examples of Generic Information include what type of browser you use, your operating system, your IP address, etc. Most generic information is collected automatically. However, we will not necessarily collect all of these kinds of data. This list is for illustrative purposes only.
2. What Information Do We Collect?
- first and last name
- your profile picture or a link to your picture
- your friends’ public information
- your email address
- your location
- computer and mobile device information, including its location, MAC Address, IP address, device name & type, operating system, usage statistics, system or browser language,
- your gender
- your birthday
- your interactions with other users of our services
- the order you visited sites, including landing, referral and exit pages
- your clicking behavior
- the date and time you used our services, and how long you used our services
- Credit card
- any other information you provide when creating a private or public profile in connection with our services
3. What Information Don’t We Collect?
We do not knowingly collect or keep personal information of children under the age of 13. If we discover it, we will delete it as soon as possible. Children under 13 who want to use our services must be supervised by parents or guardians. We do this to comply with the Children’s Online Privacy Protection Rule.
4. How Do We Collect Information?
We use the following automatic tools to collect information:
- Cookies and flash cookies, which help us customize user experience, confirm your identity, and provide our services to you more quickly
- Pixel tracking, which helps us target advertising
- Web Beacons, which tell us whether pages were visited or emails were opened
5. What Websites Are Covered By This Policy?
6. We Don’t Sell Your Personal or Generic Information Directly to Advertisers or Third Parties
We do not receive payment in cash or in-kind from third parties in exchange for your Personal or Generic Information. However, your Generic Information may be used to generate targeted ads.
7. We Use Your Personal Information to Provide Our Services
We use your information to provide our services to you.
Sometimes we must temporarily share your information with third parties. For example: sharing payment information with banks that process payment; sharing your address with a shipping company so we can send you things you’ve ordered; sharing your obile phone number with services that provide alerts, offers, or other services you have requested.
You may use our service to interact with other users like yourself. If you do, we will use your publicly available information and information linked to your user account to facilitate these interactions.
8. We Use Your Generic Information for Various Purposes
Your Generic Information helps us optimize our website and tailor advertisements to you without exposing your identity to third parties. This information is not sold to or traded with third parties.
9. We Will Share Your Personal and Generic Information in Specific Circumstances
There are a few times when we must share your information either to protect our rights or to obey the law. We will share your Personal and Generic Information when we honestly believe that:
- a subpoena or warrant is duly issued, or any other legitimate government agency requests that we produce information and we cannot legally refuse;
- we need to address a security or technical issue within our site;
- we think sharing the information is necessary to prevent harm to others and others’ property, especially in an emergency situation;
In all cases we will only share as much information as is absolutely necessary to meet the immediate need, and no more.
If we are merged into another company or acquired by another company, the new company will possess the information we have collected. If this causes a significant change in the way your information is used, we will contact you and give you an opportunity to change or delete information.
10. You Can Control Some of Your Information
Through our site, you may designate certain information as private or public. Private information will not be indexed on search engines or searchable by other users.
Some jurisdictions grant you the right to review the personal information we have collected about you. If you want to review your information, contact us at email address.
11. Do Not Track (“DNT”) Transparency
Due to lack of technical standards across browsers, we handle requests related to DNT signals on a case-by-case basis.
To improve the user experience, we distribute some data to Google Analytics. Google Analytics tracks the traffic data for our site. Examples of this data include information pertaining traffic sources and time spent on various pages.
12. Data Security
4woods will make every effort to secure any private information submitted to us by our users. However, no data transmission over the Internet is completely secure, so we cannot guarantee the absolute security of this data. You use the service at your own risk, and are responsible for taking reasonable measures to secure your account.
In consideration of being permitted to access 4woods USA, Inc. (“4woods”), use 4woods website, I warrant that:
* I will only use the 4woods for lawful purposes
* I am at least 18 years of age and that I possess the legal right and capacity to enter into this Agreement and to use this Web Site in accordance with the terms of this Agreement and I agree to the following Terms and Conditions of this Agreement.
GOVERNING LAW AND FORUM SELECTION
The provisions of this Agreement and all suits and special proceedings under it be construed in accordance with and under and pursuant to the laws of the State of California. In any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.
The parties acknowledge, agree in, and submit themselves to the jurisdiction of the courts of San Diego County in the State of California for the present and the future with regard to the subject matter of the agreement in any and all other matters between the parties.
In any subsequent dispute, all provisions of this Agreement will be construed in the favor of 4woods and its Agents.
ARBITRATION OF DISPUTES
Due to the great expense and length of time needed to achieve a resolution regarding a dispute between the parties in a public court, any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, but not limited to, malpractice claims, shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. Arbitration has significant advantages over litigation in that (1) the arbitration process has a higher degree of privacy and (2) the costs associated with arbitration often are significantly less than traditional litigation. The parties shall appoint one person as arbiter to determine the dispute. Any arbitrator selected must be neutral and independent and adhere to the Arbitration Ethics Guidelines adopted by the American Bar Association. If the parties cannot agree, then the District Court of San Diego County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. To the extent permitted, the cost of the arbitration shall be borne by the losing party or in such proportion as the arbitrator shall decide. Further, the parties acknowledge that costs and fees may be partially or completely taxed upon the non-prevailing party, and such costs may be substantial. The venue for the arbitration and or any legal dispute shall be the County of San Diego, California. The parties hereby acknowledge that by submitting a dispute to arbitration, they are aware of the following: (1) they are waiving their right to a jury trial, (2) they lose their right to a judicial appeal of a decision of the arbitrator, (3) the possibility of a reduced level of discovery, and (4) relaxed application of the rules of evidence that occur in arbitration. The parties acknowledge that they have the right to independent counsel regarding the interpretation of this agreement and representation regarding a dispute under this Agreement.
- Agreement Survives Incapacity. This is a durable Agreement, and I agree that it will survive and remain in effect despite any impairment of my mental capacity, incapacity or incompetence subsequent to my initial acceptance of all terms.
- Agreement Supersedes All Others. This Agreement embodies the entire agreement between myself and 4woods and is the full and final expression of the intent of the parties with respect to the subject matter herein. This Agreement supersedes any other agreement, written or oral, in regards to the specific items covered by this Agreement, between 4woods and any individual, and any and all prior, contemporaneous or future representations, conditions, warranties, understandings, negotiations, discussions, proposals, communications or previous agreements between the any individual and 4woods, or an Agent of 4woods and shall prevail notwithstanding any variance with any other agreement
- Web Site Use Subject to Terms and Conditions. By accessing, viewing, reading, downloading or otherwise using this Web Site, I agree to the Terms and Conditions of this Agreement.
- Agreement Terms and Conditions Subject to Change. I understand that 4woods reserves the right to change these terms and conditions, guidelines and disclaimers at any time as needed. Continuing to use 4woods services constitutes assent to the new terms. Past customers continuing to contract with 4woods assent to the new terms and extinguish their rights under past use agreements.
II. NOTICE OF ADULT CONTENT
Material on this Web Site may be considered adult oriented and/or sexually explicit, and is related to material of an adult nature. Access is made available only to those who accept the following terms.
By accepting this agreement, I certify the following:
- I am at least 18 years of age, or have attained the legal age of majority in my jurisdiction, and I have the legal right to possess adult material in my community.
- I understand the jurisdiction, standards and laws of the community, site and computer to which I am transporting this material, and am solely responsible for my actions.
- If I use these services in violation of this agreement, I understand I may be in violation of local and/or federal laws and am solely responsible for my actions.
- By logging on, I release and discharged 4woods and its Agents from any and all liability which might arise.
III. RELEASE OF LIABILITY AND INDEMNIFICATION
The terms of this release are contractual and not a mere recital. By agreeing to this release, I am agreeing that I cannot hold 4woods responsible for any injury that occurs as a result of this Web Site.
(1) General Release of Liability
In consideration of being permitted to access and use this Web Site, and on behalf of myself and my personal representatives, heirs, and next of kin, I release, waive, discharge and agree not to sue 4woods its officers, directors, trustees and Moderators (hereinafter “Agents” or “Releasees”), from all liability to myself or to my personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or damage, on account of injury to my person or property or resulting in my death, whether caused by the negligence of Releasees or otherwise while I am accessing, viewing, reading or otherwise using the Web Site.
I agree to indemnify Releasees and each of them from any loss, liability, damage or cost releasees may incur due to my use of the Web Site, whether caused by the negligence of the Releasees or otherwise. I assume full responsibility for and risk of bodily injury, death or property damage due to negligence of Releasees or otherwise while I am accessing, viewing, reading or otherwise using 4woods.
I agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of California and that if any portion of the agreement is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
Being of lawful age, in consideration of being permitted to access and use of 4woods, I do for myself, my heirs, executors, administrators, and assigns, release and forever discharge 4woods, its Agents and their heirs, administrators, and executors of and from any and every claim, demand, action or right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death and/or property damage resulting or to result from any accident which may occur as a result of my use of 4woods or any activities in connection with 4woods whether by negligence or not.
I explicitly agree that 4woods and its Agents may recover expenses incurred in defending any suit or arbitration, including reasonable attorneys’ fees and costs.
IV. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
(1) No Professional Services, Representations or Warranties
I agree that 4woods and its Agents do not hold themselves out to offer or provide any kind of expert or professional training or knowledge in connection with 4woods. Agents make no warranties of fitness or quality of the content of any writings, threads, posts, emails, statements, private messages or other communications, nor are they under any obligation to monitor postings, chat service, blogs, or other communications on any part the 4woods website.
(3) No Warranty as to Information
I understand that the materials and information I find on 4woods are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or advice provided through or in connection with 4woods and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement.
I understand that the views and opinions of authors published on this site do not necessarily reflect those of 4woods. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by 4woods. Nor shall any information or statements contained on the 4woods site be used for the purposes of advertising, or to imply an endorsement or recommendation.
(5) No Warranty of Service.
I agree that 4woods and its Agents make no representations or warranties regarding the availability, speed, reliability or continued existence of any portion of 4woods’s website.
(6) No Responsibility for Links, Emails.
4woods contains links to sites which are not maintained by the named corporation or 4woods’s owner. While 4woods will try to include only links to those sites relevant to our users, under no circumstance will 4woods or its Agents be held responsible or liable for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links does not imply endorsement by 4woods of the linked or framed sites or their content.
V. OWNERSHIP OF WEB SITE AND RIGHTS
- Ownership of Web Site Material. The contents of the 4woods pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by 4woods and contain 4woods’s name, trademarks, service marks, and trade names. I understand that 4woods assumes no responsibility for any other party’s site linked to the 4WOODS website.
- Excluded Material. The 4WOODS website created by FolkHack Studios including the FolkHack Studios technology, are excluded from section (1) of this provision. Graphics and board “skins” created by third parties are also excluded from section (1) with their copyright remaining intact.
VI. SATISFACTION AND WAIVER OF STATUTE OF FRAUDS
This agreement is an electronic contract is a signed writing for purposes of the Statute of Frauds. However, I agree not to raise the statute of frauds as a defense in a dispute over the enforceability of this Agreement.
VII. TERMINATION OF SERVICE
(1) I agree that my access and use of 4WOODS is subject to the terms of this Agreement AND the sole discretion of the Agents of 4WOODS. I agree that my membership and use of 4WOODS is AT-WILL, and that my membership may be terminated (banned or deleted) at any time and for any reason by the Agents of 4WOODS. I agree to abide by all decisions of the staff regarding my use, access and membership on the Web Site, including restriction, changes or revocation of my membership.
XII. DISAVOWAL OF EXTRANEOUS REPRESENTATIONS.
I have read and agree to the whole of the above Agreement, and state that no representation, promise, or agreement not expressed in this Agreement has been made to induce me to enter into it.
I have carefully read and understand the above Agreement, and I agree to the entirety of its contents.