New website May 23 (complete)

LEGAL AND COOKIES

Legal

Publisher

The website www.voortstudio.com is published by Voort LLC (DBA Voort Studio), a limited liability company with sole shareholder duly organised and existing under the laws of California, United States of America.

Email: clientservice@voortstudio.com

Editor in Chief: Claire Vandervoort

LEGAL AND COOKIES

Terms of sale

1. Identification of the vendor
Voort LLC DBA Voort Studio, a limited liability company duly organized and existing under the laws of the CA, USA.

2. Scope and acceptance of the Terms of ServiceThe purchase of Products offered on the website www.voortstudio.com/ (hereafter the “Website”) is subject to these general terms of online sale (hereafter the “T&Cs”).

Voort Studio products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that he/she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.

Voort Studio can update these T&Cs at any time.

The Customer can familiarise themselves at any time with the version of the T&Cs then in force by clicking on the link https://voortstudio.com/Legal. The applicable T&Cs at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer.

By visiting the Voort Studio website and/ or purchasing something from the e-store, the Customer engages in Voort Studio’s “Service” and agrees to be bound by the following terms and conditions (“Terms of Service”, “Terms” or “T&Cs”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

3. Terms of the OrderAny order placed on the Website shall imply express acceptance of the T&Cs and acceptance of the prices and Products available for sale on the Website.

* Order process

The Customer who wants to place an order must comply with the following procedure:

1. Product choice: the Customer must select the Product that he/she/it would like to order.

2. Checking of the content of the Customer’s selection: the Customer checks the content of his/her/its /her/its basket whilst having the opportunity to delete the Products he/she/it has selected.

3. Identification: the Customer must complete the identification form made available to him/her/it and provide the requested information (mandatory information: title, surname, first name or corporate name, e-mail address, password, telephone number for the delivery).

4. Checking of the Customer’s order: the Customer checks the content of his/her/its /her/its order, the total price, the delivery and invoicing addresses while keeping the possibility of deleting a Product or modifying the invoicing or delivery address. The Customer confirms his/her/its /her/its method of delivery and payment. The Customer confirms his/her/its /her/its acceptance of these T&Cs by completing the payment at Checkout. From this step, the Customer cannot anymore modify and/or cancel its order.

5. Order acknowledgement of receipt: the Customer receives an e-mail summing up the content of his/her/its /her/its order, namely:

- His/her/its delivery and invoicing addresses

- The order number

- The date of the order

- The list of Products ordered and their amounts

- The method of delivery (Client’s address or “point relay”)

The Customer is advised to keep and print this document, which is official proof of his/her/its order. The order is then registered and processed by Voort Studio which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.

6. Confirmation of shipping of the order: the Customer receives an e-mail summarising the content of his/her/its order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which this e-mail is sent.

* Tracking of the order

A carrier tracking number is provided to the Customer when his/her/its order has been confirmed.

If the Customer wants to obtain information concerning the progress of his/her/its order, he/she/it may log onto the website of the carrier chosen by Voort Studio, e.g.: UPS, at the address www.ups.com, and follow the transport of his/her/its parcel live. The Customer furthermore receives information by e-mail concerning the different stages of the processing and preparation process of his/her/its order until it is shipped.

4. Product availabilityThe offers of Products and prices of Voort Studio are valid while they are visible on the Website, and subject to stocks availability.

Errors or modifications can exceptionally occur, notably in the event of simultaneous orders of the same Product by several Customers.

In the event the Product is found unavailable after placing the order, Voort Studio shall inform the Customer by e-mail or by telephone as soon as possible, by offering that he/she/it either order another Product available on the Website as a replacement, or cancels his/her/its order at no cost.

Voort Studio shall not be held liable in the event of stock shortage or unavailability of Products for orders not yet accepted by Voort Studio.

Voort Studio reserves the right to change at any time and without prior notice the Products offered on the Website.

To ensure a better quality of service and availability of its Products with all of its online Customers, Voort Studio reserves the right to limit the quantity of Products that can be bought by a given Customer.

Although all efforts are made to ensure that the colour and pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, notably due to the technical limitations of colour reproduction on the Customer’s computer equipment. Consequently, Voort Studio cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Website.

Voort Studio reserves the right not to accept an order from a Customer with whom it is in a dispute for a previous order, or if Voort Studio reasonably considers that this Customer has infringed these T&Cs or that he/she/it has been engaged in a fraudulent activity, or for any other legitimate reason.

5. Price of Products
The Prices of Products are expressed in EUR with also the possibility to pay in the following currencies USD, Pounds Sterling, Dollar Canadian, Dollar Australian, Yuan, Yen, Won, Rouble Russian (on the basis of a daily conversion via the converter used for the Website) inclusive of taxes and excluding customs duties, for orders outside of the EU that shall be borne by the Customer. Outside of the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, Voort Studio shall not reimburse the VAT applied to purchases made on the Website (even in the event the Customer, after receipt of the Products, reships the Products for a third country outside of the European Union).

Voort Studio reserves the right to change at any time and without prior notice the prices of Products offered on the Website.

The Products are invoiced on the basis of tariffs displayed on the Website at the time when the order is placed, subject to availability of the Products.
All the orders are payable in the currencies expressed above and must be settled immediately upon placing the order.

In the event of unavailability of certain Products ordered (see Article 4 “Product availability”), only the price and shipping costs related to the available Products shall be debited.

* Means of Payment

By credit card (Visa, CB, Mastercard, American Express): The payment is made on the secure website of Voort Studio’s approved banking and credit institution.
By payment apps: via Paypal, Alipay, Apple pay (mobile) and Android pay (mobile).

This means that no banking information regarding the Customer transits via the www.voortstudio.com website.

Payment is therefore secure by the partners in charge of managing financial transaction.

The order will then be recorded and validated on acceptance of the payment by the banking service.

6. Reservation of OwnershipThe ordered Products remain the property of Voort Studio until receipt of full payment of the price by Voort Studio. However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order.

7. Terms and conditions of deliveryHandling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.

Voort Studio cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.

For all the Products, the order is prepared for departure from Voort Studio’s logistics warehouses within a maximum period of 3 working days (subject to stock availability and except for the special case of Products sold “on pre-order” for which the sheet indicates the specific estimated time of delivery) from confirmation by e-mail of the order. The average period between the placing of an order and its delivery is from 4 to 14 working days. This is an average period based on prior orders.

By exception to the abovementioned time frames, “pre-order” transactions may be subject to shipping periods that might exceed the estimated shipping time. The estimated shipping time for “pre-order” transactions may be as long as 6 to 9 months as of the date of the order, as mentioned in the purchase process.

Exceeding this estimated period may not give rise to any cancellation of the order, reduction in the price paid by the Customer, or to any damages. Customer is further informed that in some special cases (e.g. products marketed on “pre-order”), the periods indicated above can be longer. However, failure to deliver within a period of 30 days from the maximum estimated time of delivery, the Customer shall have the possibility to cancel the said order at no cost. The sums that he/she/it will have paid will then be reimbursed. In cases where it has the capacity to do so, Voort Studio reserves the possibility to offer the Customer a Product of equivalent quality and price as the initial product.

If the order reaches a certain volume Voort Studio may send it to the Customer in several deliveries and/or several packages.

Generally, all of the parcels are shipped via UPS, DHL and BPost. A delivery note is attached to the parcel. Customer is encouraged to keep it as it will serve as proof of delivery.

The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.

In the event of reservations regarding the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to Voort Studio by e-mail to the address clientservice@voortstudio.com with confirmation by registered letter with acknowledgement of receipt to Customer Service at the following address: 1601 N. Sepulveda Blvd #200, 90266 Manhattan Beach, CA, USA.

In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, Voort Studio cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, Voort Studio shall be entitled to request that the Customer pay the corresponding fees for this second delivery.

The Customer is subject to the general terms of delivery of the carrier that, in some cases, if he/she/it does not submit to them can impact the quality of the delivery.

Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the Customer’s home and or in a “sorting – pending” centre of the carrier and/or returned to Voort Studio who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with to their delivery and, more generally, the final quality of the delivery.

In the event that it is impossible to deliver and if the product must be returned to Voort Studio by the carrier, Voort Studio will not make any new delivery.

Any claim regarding the delivery of Products must be submitted in 14 working days following receipt of the Product(s) in the same conditions as mentioned above. If it is decided that the product(s) must be returned to Voort Studio, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must contact the customer service beforeh and via e-mail at clientservice@voortstudio.com to obtain a return number to note on the “Return Authorisation” enclosed with the order as well as any information relating to the shipping. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel. The Product must be returned to Voort Studio, client service - 1601 N. Sepulveda Blvd #200, 90266 Manhattan Beach, CA, USA.

8. Right of withdrawalThe Customer has 14 days from the day of delivery of the Product purchased on the Website to inform the client service of his/her/its desire to return the Product.

For any return, the Customer shall contact the client service team via e-mail at clientservice@voortstudio.com to inform it of his/her/its decision to use his/her/its right of withdrawal. Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. No parcel returned as cash on delivery shipping shall be accepted, whatever the reason. The costs and risks pertaining to the return of Products are borne by the sender. In order for the customer service to accept the exchange and/or reimbursement, the Product must be returned in full condition in its original packing, undamaged, with its label attached, not worn, accompanied by all of its accessories, and a copy of the purchase invoice to Voort Studio – Voort Studio, client service - 1601 N. Sepulveda Blvd #200, 90266 Manhattan Beach, CA, USA. The Customer shall not have to justify the reasons or pay penalties, with the exception of return costs.

Voort Studio cannot be held responsible in the event of loss, theft or damage of the parcel.

Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible shall be refused.

Any return must be made by a traceable method (UPS, FEDEX, DHL, return receipt requested, etc.) and the tracking number must be provided to Voort Studio.

On receipt of the Product returned by the Customer, the customer service shall send a confirmation of receipt of the Product by e-mail.

In the event the Customer makes a valid use of this right by the Customer, Voort Studio shall reimburse the Customer for the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties), within a maximum period of 14 days by bank transfer into the account used with the credit card bearing the Customer’s name.

Voort Studio undertakes to reimburse the standard delivery costs including the tracking of the parcel. For that purpose, Customer shall insert the delivery invoice indicating the parcel tracking number into the return parcel.

9. Statutory warranties Voort Studio shall refuse any complaint for Products that have been used contrary to their intended use.

Any complaint regarding the Products in their current form and without relation to the delivery must be submitted by e-mail to the address clientservice@voortstudio.com followed by a written confirmation sent by registered letter with acknowledgement of receipt to the customer service at the following address Voort Studio, Client Service - 1601 N. Sepulveda Blvd. #200, 90266 Manhattan Beach, CA, USA.

* Statutory warranty of conformity:

Voort Studio shall deliver to the Customer a Product that complies with the contract and which is exempt from conformity defects at the time of the delivery of said Product, to the extent that the Product shall be fit for the use normally expected of similar goods and that it shall have the characteristics featured during the sale. Voort Studio is also liable for conformity defects resulting from the packaging, assembly or installation instructions provided such liability as agreed by contract or such processes where made under its responsibility.

* Statutory warranty against hidden defects:

Voort Studio shall ship to the Customer a Product free of hidden defects that would make it unfit for the use for which it was intended, or that substantially decreases this use, that he/she/it would not have acquired it or would have paid a lower price if he/she/it had been aware of them.

These guarantees shall apply provided that the Customer makes the request in a period of 30 days following the delivery of the Product or the discovery of the defect.

In the event of an actual non-conformity on a Product sold by Voort Studio, the Customer may choose between the Product being repaired or replaced unless one of these choices are commercially unreasonable for Voort Studio. If the repair or the replacement of the Product is impossible, the Customer may be reimbursed and shall return the Product or keep the Product and have a part of the price reimbursed to him/her/it, unless the conformity defect is minor.

In the event of an actual hidden defect on a Product sold by Voort Studio, the Customer shall have the choice of returning the Product and having the price and costs incurred by the sale returned or keeping the Product and having a part of the price returned to him/her/it.

In any event, it shall be up to the Customer to prove that he/she/it fulfils the conditions of the guarantee properly.

The return, replacement or reimbursement of the Product shall occur without costs for the Customer and shall not prevent the potential damages where applicable.

In the case of lack of conformity and/or hidden defects admitted by Voort Studio, should the Customer choose to return the Product, he/she/it shall ship it to the following address: Voort Studio, Client Service - 1601 N. Sepulveda Blvd. #200, 90266 Manhattan Beach, CA, USA. The Customer must obtain beforehand a return number as well as any precision relating to shipping from the customer service to be contacted via e-mail at clientservice@voortstudio.com. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel.

10. Limitation of liabilityIn no event may Voort Studio be held liable for any damage which does not result from a failure by Voort Studio to honour one of its obligations.

11. Personal dataWhen the Customer registers on the www.voortstudio.com Website, Voort Studio collects personal information (personal data, e-mail address, gender, etc.) via the registration form in order to offer him/her/it accessible services in the reserved access areas of Voort Studio. The filling in of personal information concerning him is essential for the processing and delivery of his/her/its orders.

In this respect Voort Studio notably undertakes to: (i) guarantee the confidentiality of data of a personal nature processed in the framework hereof by implementing the appropriate security measures in its field of activity, (ii) ensure that the persons authorised to process the data of a personal nature in virtue hereof undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training regarding protection of data of a personal nature, and (iii) that its potential subcontractors respect the legal obligations on behalf of and according to the instructions of Voort Studio.

The Customer shall at all times have a right of access, amendment, rectification and deletion of his/her/its data. To exercise this right, he/she/it may present a request to Voort Studio by e-mail to the address clientservice@voortstudio.com.

Subject to validation by an “opt-in” of the Customer, personal information (personal data, e-mail address, gender, etc.…) can also be used by Voort Studio and/or its partners for marketing purposes like the sending of newsletters or requests.

The Website uses cookies in order to best satisfy and customise the Customer’s requirements. The purpose of the cookie is to indicate that you have visited the Website.

The personal data management policy of Voort Studio can be accessed on the Website.

12. Intellectual propertyAll documents, information, texts, graphs, images, photographs or any other content published on the www.voortstudio.com Website are the exclusive property of Voort Studio. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorisation of the publication manager.

Voort Studio is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed.

The Customer acknowledges without reservations the intellectual property rights of Voort Studio and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a licence or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to Voort Studio.

13. Force majeure"Force majeure" means all external unforeseeable and unavoidable circumstances, beyond the reasonable control of the party which is suffering a force majeure case.

In the situation where Voort Studio is prevented or delayed by a force majeure case in honouring its commitments, Voort Studio undertakes to inform the Customer within 96 hours by specifying the exact elements constituting the force majeure, the reasonably foreseeable period of delay or prevention. Voort Studio shall then be exempt from the liability in connection with the non-performance or delay in performance of its obligations but undertakes to use its best efforts to resume full performance without further delay. In such a case of force majeure, Voort Studio may exercise its discretionary right to terminate the order or any part thereof, without being held liable, except however that Voort Studio shall be responsible to reimburse the Customer for any amounts already paid. In no event shall the Customer invoke a case of force majeure to release himself/herself/itself even temporarily from an obligation to pay a sum of money.

14. Governing law – Disputes These T&Cs shall be governed and interpreted in accordance with the laws of the State of California, as such laws are applied to agreements between residents of California to be performed entirely within the State of California. Subject to the immediately preceding paragraph, each party hereby consents to jurisdiction of and venue in the federal district court for the Southern District of California, Los Angeles Division, and/or in the courts of the State of California for Los Angeles County.

15. Indemnification

You agree to indemnify, defend and hold harmless Voort Studio, Voort LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

LEGAL AND COOKIES

1. What do we do with your information?

When you purchase something from our store (Voortstudio.com or any Voort LLC entities), as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

2. Consent
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at clientservice@voortstudio.com or mailing us at:
Voort Studio, Client Service,
1601 N. Sepulveda Blvd, #200
Manhattan Beach,
CA, USA 90266

3. Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms & Conditions.

4. Cargo Collective & Shopify

Our store is hosted on Cargo Collective. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Cargo Collective’s data storage, databases and the general Cargo application. They store your data on a secure server behind a firewall.

Payment:
Our store’s payment system is hosted on Shopify. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

5. Third-party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics:
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.

6. Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

7. Cookies

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where.

8. Age of consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. This website is intended use for individuals over the age of 13.

9. Changes to this privacy policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

10. Questions and contact information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at clientservice@voortstudio.com or by mail at
Voort Studio, Client Service,
1601 N. Sepulveda Blvd, #200
Manhattan Beach,
CA, USA 90266