Terms of service
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance agreement with the entrepreneur;
Day: calendar day;
Extended transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Means of distance communication: any means that can be used for concluding an agreement without the consumer and entrepreneur being in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded and order placed between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the agreement is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request as soon as possible.
If the agreement is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated where the terms can be accessed electronically and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms the consumer may always rely on the provision most favorable to them.
If one or more provisions of these terms are at any time wholly or partially void or annulled, the agreement and remaining provisions shall remain in force, and the relevant provision shall be replaced by one that most closely reflects the intent of the original.
Situations not covered by these terms shall be assessed in accordance with the spirit of these general terms and conditions.
Uncertainties about interpretation or content of one or more provisions shall also be interpreted in accordance with the spirit of these terms.
Article 3 – The Offer
If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated.
The offer is non-binding. The entrepreneur is entitled to change or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow proper assessment by the consumer.
If images are used, they represent the products truthfully. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications and data are indicative and cannot give rise to compensation or dissolution of the agreement.
Displayed colors may differ from the actual product colors.
Each offer contains information clearly describing the rights and obligations attached to acceptance of the offer, including in particular:
The price. For deliveries into the European Union, this is stated excluding customs clearance costs and import VAT, which are at the customer's risk and expense and may be collected by the postal or courier service upon import. For deliveries within the United States, applicable sales or use tax may be added at checkout or may become due depending on the destination;
Shipping costs;
The manner in which the agreement will be concluded;
Whether the right of withdrawal applies;
The method of payment, delivery and execution;
The period for accepting the offer or the period during which the price is guaranteed;
Communication costs if different from the basic rate;
Whether the agreement is archived and how it can be consulted;
How the consumer can check and correct their details before concluding the agreement;
The languages in which the agreement may be concluded;
Applicable codes of conduct;
The minimum duration of the agreement in case of an extended transaction;
Optional: available sizes, colors, materials.
Article 4 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the conditions.
If accepted electronically, the entrepreneur shall confirm receipt electronically without delay. Until receipt is confirmed, the consumer may dissolve the agreement.
The entrepreneur shall take appropriate technical and organizational security measures for electronic transactions.
The entrepreneur may investigate the consumer's ability to fulfill payment obligations and may refuse orders or impose special conditions if justified.
The entrepreneur shall provide the following information in writing or on a durable medium:
The business address for complaints;
Conditions and procedure for exercising the right of withdrawal;
Information on guarantees and after-sales service;
Information referred to in Article 4;
Requirements for termination of long-term agreements.
Article 5 – Right of Withdrawal (EU/EEA and UK Consumers)
This Article applies to consumers resident in the European Union, the European Economic Area, and the United Kingdom. For consumers resident in the United States, please see Article 17.
The consumer may withdraw from the agreement within 14 days without giving reasons.
The cooling-off period starts the day after receipt of the product.
The consumer must handle the product and packaging with care and may only unpack it as necessary for assessment.
To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing within 14 days and return the product within 14 days thereafter.
Proof of timely return must be provided.
If not exercised within these periods, the purchase becomes final.
Article 6 — Costs in Case of Withdrawal
Return costs are borne by the consumer.
Refunds will be made within 14 days after withdrawal, provided the product has been received or proof of return has been provided.
Article 7 - Exclusion of Right of Withdrawal
Exclusion is only possible for:
Custom-made products;
Personalized products;
Products that cannot be returned;
Perishable goods;
Products subject to financial market fluctuations;
Newspapers and magazines;
Unsealed audio/video/software;
Unsealed hygiene products.
Article 8 – The Price
Prices will not be increased during the validity period unless due to applicable tax changes.
For deliveries into the European Union where transport begins outside the EU, import VAT and customs clearance costs may be collected by the courier, and the entrepreneur does not charge EU VAT. For deliveries within the United States, no VAT applies; however, state or local sales or use tax may apply depending on the destination and will be handled in accordance with applicable law.
All prices are subject to printing and typographical errors.
Article 9 – Conformity and Warranty
Products must comply with the agreement and reasonable standards of quality.
Manufacturer guarantees do not affect statutory rights, including the statutory rights of consumers under the laws of their country of residence.
Defects must be reported within 14 days.
Warranty does not apply if products were altered, misused, or damaged due to government material regulations.
Article 10 – Delivery and Execution
Orders will be executed within 30 days unless otherwise agreed.
If delayed, the consumer may dissolve the agreement.
Risk transfers upon delivery to the consumer.
Article 11 – Long-Term Agreements
Consumers may terminate indefinite agreements with one month's notice.
Fixed-term agreements may not be automatically renewed for a fixed term except under specific magazine exceptions.
Article 12 – Payment
Payments must be made within 7 working days after the cooling-off period begins unless agreed otherwise.
Incorrect payment details must be reported immediately.
Reasonable costs may be charged in case of non-payment.
Article 13 – Complaints Procedure
Complaints must be submitted within 14 days after discovery.
Complaints will be answered within 14 days.
Article 14 – Governing Law and Disputes
These terms and conditions and all agreements are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles, and any disputes shall be subject to the courts located in the State of Wyoming.
Notwithstanding the foregoing, where the consumer is resident in the European Union, the European Economic Area, or the United Kingdom, the consumer additionally retains the benefit of the mandatory consumer-protection provisions of the law of their country of residence, and nothing in these terms removes or limits any rights that cannot be waived under that law. Where the consumer is resident in the United States, the laws of the State of Wyoming apply, without prejudice to any mandatory consumer-protection rights available under the laws of the consumer's state of residence.
Article 15 – Shipping Protection
Shipping Protection is an optional paid service offered at checkout. It is a contractual guarantee provided by FCNL Services LLC. It is not a contract of insurance, it is not underwritten by any insurer, and it does not create an insurable interest.
Where Shipping Protection has been purchased, we will provide a replacement item at no additional cost in the event that an order is lost in transit, is not received after being marked delivered, or arrives damaged, subject to the conditions, exclusions, evidence requirements, and time limits set out in our Shipping Protection policy at georges-caps.com/pages/shipping-protection, which forms part of these terms.
Coverage is limited to 250 US dollars per order. One claim may be made per order. Shipping Protection covers the value of the goods only and does not cover the cost of the Shipping Protection service itself.
Shipping Protection is charged as a separate line item and is non-refundable once the order has shipped.
We reserve the right to decline a claim where the evidence requirements set out in the policy have not been met, where the claim is submitted outside the stated time limits, or where we reasonably believe the claim to be fraudulent.
Article 16 — Identity of the Entrepreneur
Company Name: FCNL Services LLC
Address: 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, United States
Customer Service Email: george@georges-caps.com
Article 17 – United States Consumers: Returns and Cancellations
This Article applies to consumers resident in the United States. United States law does not provide a general statutory cooling-off or withdrawal right for online purchases. As a matter of our own policy, we voluntarily offer a 14-day return window from the date of receipt, on the terms set out in our Returns and Refunds policy, which forms part of these terms. This voluntary policy does not create, and shall not be construed as, a statutory right of withdrawal.
Returns, refunds, replacements, and cancellations for United States consumers are handled in accordance with our Returns and Refunds policy.
Article 18 – California Residents
If you are a California resident, you may have additional rights under California law, including the California Consumer Privacy Act, regarding the personal information we collect about you. Details of how we handle personal information, and how you may exercise these rights, are set out in our Privacy Policy.
Under California Civil Code Section 1789.3, California residents are entitled to the following notice: complaints regarding the Services may be directed to us at george@georges-caps.com. If you have a concern that cannot be resolved with us directly, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
