Terms & Conditions
‘QualityFoil' refers to QUALITYFOIL Sarl, having its registered Head office at Avenue JF Kennedy 43, L-1855Luxembourg, Luxembourg.
‘User' means any person or legal entity that has access to, surfs and makes use of the Website.
‘Product / Products' means any good offered for sale on the Website.
‘Website' means www.QualityFoil.com and any derivative of this domain name.
‘Tools for Personalisation' means any software that allows the User to personalise the products.
These GENERAL TERMS AND CONDITIONS OF USE govern access, browsing and use of this Website.
By accessing, browsing and using this Website, the User agrees to be bound by these GENERAL TERMS AND CONDITIONS of USE, additional guidelines, restrictions or rules that may be indicated in certain sections or services of this Website, and agrees to comply with all applicable laws and regulations.
The Users have permission to access and use this Website and its Content (as defined below) solely for the purpose of preparing, evaluating and ordering products and services through QualityFoil.
QualityFoil may, at any time and without prior notice, add, modify or delete items or make improvements to the Website, both with respect to the Content (as defined below) and with respect to the GENERAL TERMS AND CONDITIONS OF USE. Consequently, the Users must consult these GENERAL TERMS AND CONDITIONS of Use on a regular basis.
Under no circumstances may the User violate or attempt to violate the security of the Website.
The User undertakes not to use the Website in any way that causes or could cause damage to the Website or affect its accessibility or availability; or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful intention or activity.
The User undertakes not to use the Website to copy, store, host, transmit, use, publish or distribute any material consisting of (or related to) any form of spyware, computer virus, Trojan horse, worm, key-logger, rootkit or other malicious computer software.
The User may not engage in any systematic or automated data collection activities (including but not limited to 'web scraping', 'data mining', 'data extraction' and 'data harvesting') on or in connection with the Website without our express written consent.
This Website contains graphic elements, photographs, images, logos, document layouts, artwork, texts, fonts, templates, software tools and other information (referred to in these terms and conditions with the term 'Content').
This Website and its Content are the copyrighted property of QualityFoil or the copyrighted property of the parties whose rights QualityFoil has authorized.
All rights to this Website and its Content apply worldwide. It is strictly prohibited to store, copy, distribute, publish or use any part of the Content, unless expressly permitted in the GENERAL TERMS AND CONDITIONS OF USE.
The Personalisation Tools offered on the Website make use of a limited number of graphic elements.
QualityFoil reserves the right to use all of these elements and to make them available for use by other Users in the future.
The User does not acquire any right, or cannot claim a personalised design element, through his creation of a Content design and/or the addition of a Content design to one or more Products.
Other Users may also use the Personalisation Tools to create customised Products that have similar or identical combinations of Content, and QualityFoil cannot guarantee that your creations will not resemble creations made and used by other parties.
QualityFoil does not offer any guarantee that Product designs made with the Personalisation Tools do not constitute an infringement or may be the subject of a complaint about an infringement of the trademark or other rights of a third party.
If the User provides his own Content including, but not limited to, logos, texts and fonts, the User assures QualityFoil that the designed customised product is not the object of a right of a third party. By placing an order on this Website, the User guarantees that he has all the necessary consents, rights and authorisations to use third-party material and to place the order. In such a case, all costs of infringement of copyrights, personal rights or rights of use of a name shall be borne exclusively by the User.
The User exempts QualityFoil from all claims and demands made as a result of an infringement of such rights by third parties, insofar as the User is responsible for this infringement. The User shall compensate QualityFoil for all defence costs and other damage suffered as a result of such a claim.
In any case, QualityFoil recommends that Users seek the advice of a professional to verify that the personalised design for the Product is legally available for use and does not infringe any third party rights.
If the User places an order for personalised Products via the QualityFoil webshop, the User authorises QualityFoil to produce these Products in his name. The orders will be subject to QualityFoil's General Terms and Sale Conditions.
Personal data of the User
QualityFoil offers comprehensive services including, but not limited to, delivery of products, which requires it to manage the User's personal data over the Internet using a name and password protected system.
If QualityFoil provides the User with a User ID and password to enable the User to access restricted areas of the Website or other Content or services, the User must ensure that this User ID and password remain secret.
The User's Username and Password is referred to by the term 'Identification'.
The User agrees that he will be the sole user of his Identification and that he is solely responsible for all activities that take place on the Website under his Identification.
The User is exclusively responsible for keeping his Identification confidential. QualityFoil strongly recommends that the User logs out of the Website and closes the internet browser when he terminates his session in order to prevent unauthorised persons from accessing his Identification.
The data to be entered as mandatory information shall be indicated by an * or a similar symbol. QualityFoil may request additional non-mandatory information in order to improve its knowledge of its customers. The User has the choice whether or not to respond to this request for additional information. Although QualityFoil takes the utmost care to safeguard the security of the User's Personal Data, QualityFoil cannot guarantee that unauthorised access will never occur and cannot be held responsible for the use by third parties of personal data collected fraudulently.
For each User, the Website automatically recognises information that is stored and that is not considered Personal Information, such as the User's IP address and domain name. QualityFoil uses this User Information to gain insight into the pattern of User traffic on its Website and to make the Website more user-friendly.
The User's computer provides this User information automatically each time the User logs on to the Website, unless the User has activated a function in his browser that blocks it. When the User visits the Website, QualityFoil may also use so-called "cookies" to store certain User Information on the User's computer so that QualityFoil can personalise the User's browsing experience by taking into account his/her interests and preferences, or simply to facilitate logging in. Most browsers allow the User to delete these cookies from his computer, block the acceptance of cookies, or receive a warning before a cookie is stored. However, if the User blocks or deletes cookies QualityFoil may not be able to recall a preference or custom setting previously specified by the User and QualityFoil will only be able to personalise the User's online experience in a limited way.
Rejection of warranty
We cannot guarantee that the information on the Website, including images and photographs of Products, will always be correct, current or complete, and this Website may contain technical inaccuracies and typographical errors.
QualityFoil hereby disclaims any and all warranties, in any form whatsoever, about the Content of the Website, including but not limited to the quality, accuracy, completeness or fitness for purpose of such Content.
The information on this Website does not constitute advice or a recommendation. This also applies to the Content of any other website to which reference is made or to which access is provided via hypertext links or in other ways, via this Website.
QualityFoil cannot be held liable for any damage, loss (direct, indirect or consequential), expenses, debts, loss of profits or costs arising from the use of, access to, or reliance on the information provided by its employees regarding, contained in or available through its Website.
QualityFoil does not endorse or support the Content of any Third Party Website and has no obligation with respect to such Third Party Website, including but not limited to liability arising from any allegation that the Content of any Third Party Website infringes any law or the rights of any person, or is obscene, defamatory or objectionable.
QualityFoil does not warrant that any features, materials or information available on this Website (and/or linked to this Website) will be uninterrupted or error free, that errors will be corrected, or that this Website or its server is free of viruses or bugs and other items of a destructive nature.
The User of the Website is responsible for carrying out sufficient procedures and virus checks (including antivirus and other security checks) to meet certain requirements for the accuracy and security of data input and output.
QualityFoil cannot be held liable for errors or poor quality if the User uses its own Content, especially with regard to texts and logos.
No part of the Content may be used, without limitation, as a trade or service mark, for any illegal purpose or use, for immoral intent or use, to discredit a person, to violate a person's privacy or publicity rights, or to infringe any intellectual property right of any person or legal entity.
The User agrees not to use the Website to produce Products that are illegal, immoral, offensive, defamatory, threatening, harmful, obscene, malicious or otherwise objectionable.
The User agrees to indemnify and protect QualityFoil, and all parties from whom QualityFoil has been authorised to use Content, and their directors or employees, against any claim, liability, damage, costs and expenses, including court costs and expenses arising from or related to (i) the breach by the User of these GENERAL TERMS AND CONDITIONS OF USE or (ii) any lawsuit, claim or request arising from or related to a text, photograph, image, graphic element or other material which the User has used in his products and which did not form part of the Standard Content of the Website.
QualityFoil is not responsible for the content of any websites that are not owned by or linked to QualityFoil, to which a link exists from or to the Website. These links are provided solely for the convenience of the User and the User browses these sites at his/her own risk. Any other website accessed through the QualityFoil Website is independent of QualityFoil and the Company has no control over the content of that other website. In addition, a link to any other Website does not imply that QualityFoil approves or assumes responsibility for the content or use of such Website. A reference to a third party or to a third party product or service shall in no event constitute an endorsement or confirmation by QualityFoil of such third party or any product or service offered by such third party.
Certain texts on this Website may have been made available in languages other than English. These texts may have been translated by a person or only by computer software without the intervention of a person or without revision. These translations are given to make it easier for the User and QualityFoil does not accept any liability regarding the accuracy or completeness of the translation, regardless of whether it was done by a computer or a person.
Violation of the general terms and conditions of use
If a user infringes the GENERAL TERMS AND CONDITIONS OF USE, QualityFoil may, without prejudice to its other rights under the GENERAL TERMS AND CONDITIONS OF USE and in accordance with the applicable laws, take the action it deems most appropriate in the context of this infringement, including terminating access to the Website, prohibiting the User from accessing the Website, blocking access to the Website for computers using the User's IP address, contacting the User's internet service provider to ask for his access to the Website to be blocked and/or taking legal action against the User.
Applicable law and competent court
These GENERAL CONDITIONS OF USE shall be governed by and construed in accordance with the law of Luxembourg and any dispute arising out of these GENERAL CONDITIONS OF USE may be brought exclusively before the Court of Luxembourg.