Terms Of Use

Welcome to the Freestyler website!
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Company’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.



Definitions

The term ‘Company’, ‘us’ or ‘we’ refers to the owner of the website Functional Dynamics Inc. whose registered office is at 1700-1185 West Georgia street - Vancouver, BC V6E4E6, Canada. Our company registration number is GST No. 849569686 RT0001. The term ‘you’ refers to the user or viewer of our website.

The term ‘Seller’ refers to the company FGI d.o.o., whose registered office is at Pod gradom 25, 1351 Brezovica, Slovenia, VAT registration No: SI74914723 and who is an authorized distributor of Functional dynamics Inc.

The term ‘Purchaser’ refers to anyone performing a purchase on this website.

The term ‘Visitor’ refers to anyone browsing this website and includes, for greater certainty, any "Purchaser”.

Products’ are all the products that are available for sale in the Freestyler Webstore.

In case of questions about any material on the website or a particular purchase, please contact us at support@freestyler.net or at the following telephone number 00386 41 868 952.

The content of the pages of this website is for your general information and use only. It can be subject to change without notice.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).



Privacy Policy


We respect your privacy and permit you to control the treatment of your personal information. A complete statement of the Site's current privacy policy can be found by clicking here. The Site's privacy policy is expressly incorporated into these Terms by this reference.



Trademarks


Freestyler and other marks indicated on the Site are registered trademarks of Functional dynamics Inc or its affiliates and/or subsidiaries, in North America and other countries. Freestyler and other graphics, logos, page headers, button icons, scripts, and service names are trademarks of Functional dynamics Inc. Functional dynamics Inc.’s trademarks may not be used in connection with any other product or service that is not connected to Functional dynamics Inc. in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Functional dynamics Inc.

All other trademarks not owned by Functional dynamics Inc., its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Functional dynamics Inc.



Responsibilities and Registration Obligations


To be able to order, a potential Purchaser must provide truthful information relevant for the order execution. When doing so, the Purchaser explicitly agrees to these Terms of use, which may be modified by the Company from time to time and are available here. Registration data and other personally identifiable information that may be collected by the Company are subject to the terms of the Company’s Privacy Policy. Registration for the Freestyler Network is subject to the separate Representative (Affiliate) Agreement.



Registration and Password


The Visitors are responsible to maintain the confidentiality of their password (whether for the Video center profile or the Representative profile) and shall be responsible for all uses via their registration and/or login, whether authorized or unauthorized. The Visitor agrees to immediately notify the Company of any unauthorized use of his/her registration, user account or password.



Visitor’s Conduct


The Visitor agrees, in using this website or any service provided, that he/she shall not:

(a) Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful,
abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law.

(b) Collect or harvest any data about other Visitors.

(c) Provide or use this website and any content in any manner that would involve junk mail, spam, chain letters, or any other form of unauthorized advertising without the Company’s prior written consent.

(d) Provide any content that may give rise to the Company’s civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.



Third Party Services


Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Company shall not be liable or responsible in any manner for any of the Visitor’s dealings or interaction with third parties.



Price and payment conditions


The Products are sold for the price that is published for each Product. The price is stated including and excluding VAT. VAT is charged or not charged in accordance with the data entered by the Purchaser upon registration depending on the Purchaser’s status. Advance payment is required.

The payments in the Freestyler webstore are performed via different credit cards: Visa, American Express, MasterCard, Diners and Maestro. Payments can also be made via PayPal.

The webstore is designed in accordance with European Union VAT regulations. VAT is not charged if you are:

- a company from the European Union (except from Slovenia) and have a valid VAT ID No.

- if you are a customer residing outside of the European Union. The Company reserves the right to change prices at any time, and from time to time.

Purchasers outside the European Union will upon takeover of the Products be obligated to pay a customs duty and taxes in accordance with the legislation of that particular country.



Order procedure

After the order has been submitted, the Purchaser shall be informed via email that the order was received. After the payment has been recognized in the Seller’s system, the Purchaser shall also receive a detailed invoice for the Products purchased.

The purchase contract is concluded when the Seller confirms the order with a confirmation email to the Purchaser.



Refund Policy


The money back [guarantee] applies if, within 30 days from the date on the invoice the Purchaser informs the Seller by email (support@freestyler.net) that he/she would like to terminate the contract and return the Product with a short description of the reason for such a decision.

The Seller shall inform the Purchaser of the validity of such a request and advise on the steps to be followed to take advantage of the guarantee.

In case of the Seller’s approval of the request for a refund, the Purchaser is obligated to send the Seller the Product at his / her own cost. The Product must be sent to the Seller within 5 days after the Seller’s approval of the refund request.

The Products must be returned undamaged in the same form as they were upon receipt by the Purchaser. If the Product is damaged in any way, the refund will not be provided. The Contract between the Purchaser and the Seller is terminated upon receipt and examination of the Product by the Seller.

The refund will be performed within 45 days from the date of receipt of the Product from the Purchaser. The refund will be sent via bank transfer to the bank account of the Purchaser. Shipping costs are not subject to refund.



Place of delivery


Product(s) shall be delivered to the shipping address listed in the Purchaser's order.



Delivery time


The Seller undertakes to deliver the ordered products to the shipping address listed by the Purchaser in 15 days at the latest from receipt of the payment for countries within the European Union, 20 days from receipt of the payment for other European countries and 30 days from receipt of the payment for countries outside Europe.

Delivery to certain countries is not possible or may be limited. In case shipping costs are not calculated and you cannot proceed with your order, please contact us at support@freestyler.net.



Shipping


Shipping costs are calculated for each country separately depending on the price or the weight of the goods purchased and the destination. Risk of loss of the product and/or risk of damage to the product passes to the Purchaser upon delivery to the shipping address stated by the Purchaser upon registration.



Guarantees and Limits to Guarantees


For the Products sold by the Seller, the Seller grants the following guarantee: The Seller shall, free of charge, at the Seller’s option, either repair, replace, or refund the purchase price of defective goods if the defects appear under proper and normal use within 12 months from the date of purchase (date on the invoice), provided that:

- notice of the defects complained is given to the Seller upon their appearance;

- the Products are still in the warranty period;

- such defects shall be found to the Seller’s reasonable satisfaction to have arisen from the Company’s faulty design, workmanship, or materials; and

- the defective goods shall be returned to the Seller’s premises: FGI d.o.o. (FREESTYLER GLOBAL INITIATIVE), Pod gradom 25, Lukovica pri Brezovici, 1351 Brezovica, Slovenia at the Purchaser’s expense. FGI d.o.o. will not be held responsible for any non-insured items lost in transit.

Any repaired or replaced goods shall be redelivered by the Seller free of charge to the original point of delivery.

This warranty extends only to personal use and does not extend to any product that has been used for which it is not intended. There are no warranties other than that expressly set forth herein. This warranty is not transferable. This warranty is the sole and exclusive warranty with respect to the Product, express or implied, and replaces any and all warranties implied by applicable law, to the extent permitted by such laws, including any warranty with respect to merchantability or fitness for a particular purpose or intended use.

The Company is not responsible or liable for indirect, special or consequential damages arising out of or in connection with the use or performance of the product or other damages with respect to any economic loss, loss of property, loss of revenues or profits, loss of enjoyments or use, costs of removal, installation, other consequential damages of whatsoever nature, failure to follow instructions or warnings in owner’s manual, DVDs or use of products in a manner for which they were not designed.


THE WARRANTY DOES NOT APPLY TO THE FOLLOWING:

1. Damage due to accident, misuse, abuse, commercial use or vandalism.
2. Improper or inadequate maintenance or damage in return transit
3. Unauthorized modification, repairs or commercial use.
4. "Normal” wear of parts (wear & tear that occurs over time and with use).



Updates


From time to time, Freestyler servers must be disabled for updates - i.e. important security updates or software upgrades. When possible, notice will be given of this down-time and store fronts will be kept open. 



Support & Contact Details

For any questions, comments or complaints please contact us at support@freestyler.net. The FGI d.o.o. registered office is at Pod gradom 25, Lukovica pri Brezovici, 1351 Brezovica, Slovenia, EU, telephone number 00386 41 868 952.



Indemnification


The Visitor agrees to indemnify and hold the Company and the Seller harmless, or its subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of the Visitor’s conduct or connection with this website or service, the Visitor’s violation of these Terms of use or any other violation of the rights of another person or party.



Disclaimer of Warranties for Service

The Visitors understand and agree that their use of this website and any services or content provided(the "Service") is made available and provided to them at their own risk. The Company and the Seller expressly disclaims all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Company makes no warranty that any part of the Service will be uninterrupted, error-free or virus-free. Whilst the Company makes all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses.

The Visitors understand and agree that neither the Company nor any participant in the Service provides professional advice of any kind and that use of such advice or any other information is solely at the Visitor’s own risk and without the Company’s liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to the Visitor only as it relates to implied warranties.

All warranties, express or implied, statutory or otherwise are hereby excluded.

The Company and the Seller is not responsible for the direct or indirect consequences of the Visitor’s linking to any other website from this website.



Limitation of Liability


The Visitors expressly understand and agree that the Company and the Seller shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of;

(I) The use of or the inability to use the Service;

(II) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service;

(III) Unauthorized access to or alteration of your data transmissions;

(IV) Statements of conduct of any third party on the Service, or;

(V) Any other matter relating to the Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to certain Visitors.

As set out above, the Company and the Seller are not responsible or liable for indirect, special or consequential damages arising out of, or in connection with the use or performance of the Product or other damages with respect to any economic loss, loss of property, loss of revenues or profits, loss of enjoyments or use, costs of removal, installation, other consequential damages of whatsoever nature, failure to follow instructions or warnings in owner’s manual, DVDs, in the Freestyler Video center or use of products in a manner for which they were not designed.

Any liability of the Company and the Seller to the Purchaser in respect of the Order or the Product or in any way connected with the Service, use of the site, or otherwise, in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to an amount equal to 100% of the price of the goods specified in the Order.



Reservation of Rights


The Company reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Company and the Seller may have in the website, its content, and the goods and services that may be provided. The use of the Company’s and the Seller’s rights and property requires the Company’s or the Seller’s prior written consent.

We are not providing the Visitors with any implied or express licenses or rights by making services available and the Visitor will have no rights to make any commercial uses of our website or service without the Company’s or the Seller’s prior written consent.



Miscellaneous Information


(I) In the event that these Terms of use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and intact;

(II) The failure of either party to assert any right under these Terms of use shall not be considered a waiver of any that party's right and that right will remain in full force and effect;

(III) The Visitor agrees that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;

(IV) We may assign our rights and obligations under these Terms of use and we shall be relieved of any further obligation.



Consent


By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. By logging into this Website or using the Freestyler Webstore you signal that you accept these Terms of use in full.



Interpretation


When permissible by law, Functional dynamics Inc. is the sole arbiter of the meaning and context of these Terms of use.



Applicable Law


These Terms of use, as well as your use of this website and any dispute arising out of such use or misuse of the website or our products or services is subject to the laws of Canada and when applicable the laws of Slovenia. By registering or using this website and service, you consent and submit to the exclusive jurisdiction and venue of Canada.



Complaints and disputes


The Company and the Seller strive to assure appropriate and prompt customer support. The processing of complaints is of confidential nature. The Company shall do everything possible in order to assure that potential disputes shall be resolved peacefully outside the court.