TERMS & CONDITIONS
The All Fly Studios and all its subsidiaries are trademarked.
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meaning:
1. Company: All Fly Studios
2. Consumer: the natural person who does not act in the course of a profession or a business and concludes a non-face-to-face agreement with the company.
3. Non-face-to-face agreement: an agreement in which one or more technologies are exclusively used for remote communication up to and including the concluding of the agreement in the context of a system organized by the company for the remote sale of products.
4. Remote communication technology: a tool that can be used to conclude an agreement without consumer and company meeting one another in the same room.
5. Website: the website of All Fly Studios is accessible via www.allflystudios.com.
6. Reflection period: the period of time in which the consumer can use his right of withdrawal.
7. Right of withdrawal: the possibility for the consumer to remotely terminate the agreement during the reflection period, without stating reasons.
8. Day: calendar day.
9. Sustainable data carrier: every means that enables the consumer or company to save information that is addressed to it personally in a manner that makes possible future consultation and unaltered reproduction of the saved information.
Article 2 - Identity of the company
All Fly Studios
Article 3 – Language and applicability
1. These general terms and conditions apply to every offer of the company and every non-face-to-face agreement that was concluded between company and consumer. The company designed its website in such a manner that the placing of an order and the payment of ordered products cannot take place until the consumer has been able to take cognizance of these general terms and conditions and has agreed to the applicability thereof.
Article 4 – The offer
1. All products that the company offers for sale through its website are offered subject to the condition that the products are in stock with the company.
2. All products that are offered for sale by the company through its website are offered subject to the condition that delivery shall take place worldwide.
3. The company strives to remove from its website any products that are no longer in stock with due speed, however, it cannot guarantee that offered products are also actually in stock.
4. In case an offer has a limited period of validity or occurs subject to conditions, this will expressly be stated in the offer.
5. All products are provided with a description and one or several pictures in which the description and the pictures together provide a sufficiently detailed and truthful image of the products, enabling the consumer to properly assess the offer.
6. Apparent mistakes or errors in the offer do not bind the company.
7. The company mainly uses English on the website.
8. The stated prices do not always include (all) tax(es).
Article 5 – The formation of the agreement
1. The agreement is formed the moment the consumer accepts the offer and complies with the conditions that apply in that respect.
2. In case the consumer has accepted the offer electronically, the company immediately confirms receipt of the acceptance of the offer by means of an electronic message. As long as the receipt of this acceptance has not been confirmed, the consumer can terminate the contract.
3. In case the agreement is realized electronically, the company takes the fitting technical and organisational measures for the security of the electronic transfer of data and takes care of a safe web area. In case the consumer is able to make electronic payments, the company will observe the applicable safety measures.
Article 6 - Payment
1. The consumer has the obligation to immediately report any inaccuracies in provided or stated payment details to the company.
2. In case of non-payment by the consumer, the company has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer.
3. The receipt of the payment is confirmed to the consumer electronically.
4. Payment can take place via the payment possibilities provided on the website, being VISA, CreditCard, MasterCard, Paypal.
Article 7 – Delivery and performance
1. The company will observe the utmost care upon receiving and carrying out the orders of products.
2. The dispatch of products will occur through Purolator, Canada Post or another mail delivery company, all this at the discretion of the company.
3. As soon as the products are sent, the consumer shall be informed of by e-mail. In this e-mail the consumer is provided with a so-called ‘track and trace code’.
4. The place of delivery shall be the address (worldwide) that the consumer made known to the company.
5. The company strives to send the products within 2 to 5 working days after acceptance of the order, but guarantees that the order will be shipped within 30 days at the latest, unless a longer delivery period was agreed upon. In case delivery is delayed or in case an order cannot be carried out, or only partially, the consumer receives a notification thereof one month after the placing of the order at the latest. In that case the consumer has the right to terminate the agreement without costs.
6. In case of termination in conformity with the preceding paragraph, the company shall pay back the amount paid by the consumer as soon as possible, aiming at 1 to 3 working days, however, within 30 days after termination at the latest.
7. The risk of damage and/or loss of products lies with the company until the moment of delivery to the consumer, unless expressly agreed upon otherwise.
Article 8 – Right of withdrawal
1. During seven calendar days, the consumer has the possibility to terminate the agreement without stating reasons. This period starts on the day of receipt of the product by or on behalf of the consumer.
2. In case the consumer uses his right of withdrawal, he/she shall return the product to the company with all delivered accessories and - if reasonably possible - in the original state and packaging, as soon as possible, however, in any case within 30 days after the termination and in conformity with the reasonable and clear instructions provided by the company.
3. During the period that the consumer has the product in his possession, he shall handle the product and the packaging with care.
4. The consumer will only unpack and use the product to such a degree insofar that is necessary to assess whether he desires to keep the product. In case the purchased product concerns shoes, the consumer is obliged to fit these on a soft subsoil so that the soles will not show any signs of use. If the product is provided with a ‘tag’, a card stating the announcement: “Returns will only be accepted if this tag remains attached to your purchase”, or words of a similar meaning, this tag may not be removed.
Article 9 - Return
Returns are currently not offered, but listed below will be the future policies:
1. In case the consumer uses his right of withdrawal, the costs of return are for the consumer.
2. The consumer undertakes to observe the instructions with regard to the return that are to be reasonably provided by the company.
3. The company commits itself to pay back the actual paid purchase price, it will be received by the consumer (minus the costs of return) as soon as possible, aiming at 3 to 5 working days, however, within 30 days after return at the latest.
4. If the consumer using his right of withdrawal and does not return the products in conformity with the instructions provided by the company, but opts to return these to the company, the consumer will not receive back the purchase price, however, he can exchange the product for a similar product.
5. Make sure the items are in the same condition you received them in, with all tags & seals still attached.
6. If the company determines that the returned product is worn and/or used, the company will not pay back the purchase price and shall not comply with the consumer. The product can not be taken in by the company.
7. Sale items can not be exchanged or returned.
8. Items has to be returned within 7 days.
Article 10 - The price
1. In case an offer has a limited term of validity, the prices of the offered products are not changed, except for price changes as a consequence of changes to design or model.
2. In case no validity period is stated, the company can change the prices of the offered products at all times.
3. In case a price increase is implemented on the day on which an order is placed, the lower price applies. In case a price reduction is implemented on the day on which an order is placed, the lower price applies as well.
Article 11 – Conformity and Guarantee
1. The company guarantees that the products shall comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the realization of the agreement.
2. The consumer can no longer invoke the guarantee of paragraph 1 after the expiry of the right of withdrawal period.
3. A settlement offered by the company, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can apply on the basis of the law and/or the non-face-to-face agreement with regard to a shortcoming in the observance of the obligations of the company.
Article 12 – Complaints procedure
1. Complaints about the performance of the agreement shall be submitted to the company with a complete and clear description, preferably in writing or by e-mail within a reasonable time after the consumer stated the complaint(s).
2. Complaints submitted to the company will be answered within a term of 15 days as from the date of delivery. If a complaint requires a foreseeable longer processing time, the company will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more elaborate answer.
Article 13 – Applicable law and choice of forum
1. All disputes arising from or related to an offer or agreement to which these general terms and conditions apply, are subject to Canadian law.
Items should be returned new, unused, and with all original tags and designer garment tags still attached. Returns that are damaged, soiled or altered may not be accepted and may be sent back to the customer. Please email to: if any of your purchases have been delivered without original tags. Returning items with import duties or clearance charges will be declined.
All Tags must still be intact and attached to returned items. Item(s) must not have been worn, washed or altered in any way, and must not show any signs of use.
All items returned should have a “Returning Document” included (email for document), make sure that you use the correct returning address. For unidentified returns we need to wait for your email before we returning it to the sender. Make sure that you keep the Track & Trace number when sending your package at your post-office. Returning funds will be paid by “All Fly Studios”.
* Please note: sale items can't be returned.
* Please note: that items has to be returned within 7 days.
* Please Note: Refund deducted with the administrative fee is initiated within 2 weeks.
* Please Note: During seven calendar days, the consumer has the possibility to terminate the agreement without stating reasons. This period starts on the day of receipt of the product by or on behalf of the consumer.
* Please Note: All purchased sale items are final and not returnable.