Terms of Service


TERMS OF SERVICE

The following Conditions of Sale apply exclusively to Finum North America Corp. and finumB2B.com.

Throughout the site, the terms “we”, “us”, and “our” refer only to Finum North America Corp as “Finum”. Please read these Terms of Service carefully before you access or use our website.

By sending your member request, visiting our store or purchasing something from us, you agree to be legally bound without reservation by the following terms and conditions (“Terms of Service”, “Terms”), including additional policies referenced herein and/or available in our site.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Any features or tools added to the current store shall also be subject to the Terms of Service.

We advise you to check the Terms every now and then for any updates or changes that may impact you.

Given that Shopify Inc. provides us with an online e-commerce platform and is connected to our CRM on Method.me, we strongly advise you to read their terms of service available at: https://www.shopify.com/legal/terms and at http://www.method.me/legal/privacy-policy.

If you require more information or have any questions about our Terms of Service, please feel free to contact us by email at america@finum.com.

SECTION 1 - ACCOUNT AND ACCESS TERMS

To access Finum´s B2B online shop, you must exist as a business and request a member account providing at least your company´s full name, e-mail address, phone number and zip code.

With your request you agree for us to contact you, ask for further information to identify you are a business and assess if a business member account is to be created. You are the responsible for the accuracy of the information you provide.

Finum may reject your application or an existing account at its sole discretion at any time.      

Upon completion of your member account, Finum will send you a confirmation e-mail providing the link for you to activate the account and set up your password. Please acknowledge you are the only responsible for maintaining the account secure. Any access allowed to your account is under your own discretion and liability.  You may not transfer, assign or sell Your Account (including rating and feedback) to any third party.

These Terms of Service apply to all users of the site, including without limitation to the Account Owner and its employees signing in to the store. Therefore, the person who signs in on behalf of an account Owner, represents and warrants to have the authority to bind the owner to Finum´s Terms and Policies. 

The e-commerce platform that allows us to sell our products to you is hosted by Shopify Inc. and operated by Finum and its German parent company.

If you are not a member of Finum´s B2B online shop (finumb2b.com), but wish to check out our products, you are welcome to visit www.finum.com. Please note, that the policies and information included at www.finum.com corresponds to our Parent Company Riensch &Held GmbH & Co. KG, and therefore are different and don´t apply to Finum North America Corp.

SECTION 2 - GENERAL CONDITIONS

By visiting or using our Website you acknowledge that you have read, understood, and agree to be bound by these terms of service. If you disagree to all or any part of the terms of service, you must not use any services.

You also acknowledge that Finum may modify these Terms of Service at any time. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Therefore, if you don´t agree with any of the changes, you must not use the service.

You must be at least the age of majority in your jurisdiction of residence or from which you use the service.

You must not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or any other jurisdiction from which you use the service.

You must not transmit any worms or viruses or any code of a destructive nature.

You understand that your content (not including credit card), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You are responsible to comply with local, state, federal and import regulations governing the sale of any item purchased from Finum.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Please note that any breach or violation of any Terms, at Finum´s sole discretion, will determine an immediate termination of your Services.

Finum has the right to modify or terminate the service (or any part or content thereof) to anyone, for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Due to the rapidly changing market conditions, all prices and content displayed and/or available to you at the website store are subject to change without notice.

Accordingly, the products will be invoiced at the price prevailing at the moment you submit your order.

We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 - PRODUCTS AVAILABILITY AND DISPLAY

Certain products and prices may be available to you exclusively online through the website.

Finum reserves the right to modify, suppress or add new products and may at its sole discretion discontinue any of its products at any time.

Finum may exercise on a case-by-case basis, the right to limit the quantities and sales of products to any person, business, geographic region or jurisdiction.

We have made every effort to display as accurately as possible the colors and images of the products that appear at the store, but we cannot guarantee that your computer monitor's display of any color will be accurate.

SECTION 5 – PLACED ORDERS, ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to decline any order you place with us. Depending on the circumstances, we may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. However, in the event that we make a change to or cancel an order, we will try to get to you and notify you by contacting the e-mail and/or billing address/phone number we had at the time the order was made. We also reserve the right to limit or prohibit orders placed by dealers, resellers or distributors that, in our sole judgement, appear to advertise any product(s) at a price lower than the MSRP displayed or made available by us to you.

If you want to cancel placed orders you must first contact us at america@finum.com. We will determine and let you know if this is possible. You can only cancel items or orders when they haven't entered the shipping process yet.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For detail on returns, please review our Policy for Returns of damaged products.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you wish to address comments as creative ideas, suggestions, proposals, plans, comments or other materials, you can send them to us whether by email or postal mail. Unless you expressly disagree, we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Therefore, we are and shall be under no obligation (1) to maintain confidence; (2) to pay compensation for any comments; or (3) to reply to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for your comments and their accuracy.

Please review our Copyright Policy also posted at Finumb2b.com.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal and/or business information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - LIMITATION OF LIABILITY

You expressly understand and agree that Finum, its parent, affiliates, service providers or suppliers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content (except as expressly stated by us), or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Finum does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

Finum does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

No limitation of liability shall apply in case of fraud or willful intent.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold Finum and (as applicable) our parent, 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.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service or any other policy posted on our website is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable, without limiting any other remedies, for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we sell our products to you, will be governed by and construed in accordance with the laws of The State of Delaware.  The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded and will not apply.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at america@finum.com or by post mail at:

15 Warren Street, Suite 25
Hackensack, NJ 07601