Terms of service

TERMS OF SERVICE

Effective Date: September 19, 2026

This website is operated by Upper Atlas, trading as FOUGAZE. Throughout the site, the terms “we”, “us” and “our” refer to FOUGAZE. By visiting our website and/or purchasing something from us, you agree to be bound by the following Terms of Service (“Terms”).

These Terms apply to all users of the website, including browsers, customers and other users of our services.

Please read these Terms carefully before using our website. If you do not agree to these Terms, you should not use the website or our services.

1. Online Store Terms

By agreeing to these Terms, you confirm that you are legally permitted to use this website and enter into purchases under the laws applicable to you.

You may not use our products or services for any illegal or unauthorized purpose, nor may you violate any applicable laws or regulations while using our website.

You must not transmit viruses, malicious code or other harmful material through the website.

2. General Conditions

We reserve the right to refuse service or cancel an order where we have a legitimate reason to do so, subject to applicable law.

You may not reproduce, duplicate, copy, sell, resell or exploit any part of the website, its content or our services without our prior written permission, except where permitted by law.

3. Accuracy, Completeness and Timeliness of Information

We make reasonable efforts to ensure that information displayed on our website is accurate and up to date. However, errors or outdated information may occasionally occur.

We reserve the right to correct errors and update information where necessary.

4. Prices and Changes to the Service

Product prices may change from time to time.

The price applicable to your order is the price displayed at checkout when you place the order, unless there is an obvious pricing error.

We may modify, update or discontinue parts of our website or services where reasonably necessary.

5. Products

FOUGAZE products are sold through our online store and may be produced on demand.

We make reasonable efforts to display product photographs, colours, designs and other details accurately. However, colours may appear slightly different depending on your device or screen settings.

Product availability may vary by country or region.

Minor variations resulting from the printing or manufacturing process may occur and do not necessarily constitute a defect.

6. Orders, Billing and Account Information

You agree to provide accurate and complete information when placing an order, including your name, email address, billing information and delivery address.

You are responsible for checking your order information before completing your purchase.

We may refuse or cancel an order where there is a legitimate reason to do so, including suspected fraud, payment problems, obvious pricing errors or inability to fulfil the order.

If we cancel an order after payment has been received, any amount owed to you will be refunded in accordance with applicable law.

7. Third-Party Services and Tools

Our website may use or provide access to services operated by third parties, including payment providers, shipping providers and other ecommerce services.

Third-party services may be governed by their own terms and privacy policies.

We are not responsible for third-party services beyond what is required of us under applicable law.

8. Third-Party Links

Our website may contain links to third-party websites.

We are not responsible for the content, availability, privacy practices or services of third-party websites. Visiting third-party websites is at your own discretion.

9. User Content and Submissions

If you voluntarily submit content to us, including feedback, photographs, reviews or suggestions, you confirm that you have the right to provide that content.

Your content must not violate the intellectual property, privacy or other rights of third parties.

Where you give us permission to use submitted content, we may use it for the purposes agreed with you.

10. Personal Information

Our collection and processing of personal information is governed by our Privacy Policy.

11. Errors and Omissions

Our website may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping times, availability or other information.

We reserve the right to correct such errors and update information where reasonably necessary, subject to your statutory consumer rights.

12. Prohibited Uses

You may not use our website or services for:

unlawful or fraudulent activities;
violating applicable laws or regulations;
infringing intellectual property rights;
harassment, abuse or discrimination;
transmitting malicious software or code;
unlawfully collecting personal information belonging to others;
interfering with or circumventing website security; or
attempting to disrupt the operation of our website or services.

We may restrict access to the website where these Terms are violated.

13. Liability

We aim to provide our website and services with reasonable care.

Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited, or any statutory rights you have as a consumer.

To the extent permitted by applicable law, we are not responsible for losses caused by circumstances outside our reasonable control or losses that were not reasonably foreseeable when the agreement was entered into.

14. Indemnification

To the extent permitted by applicable law, you are responsible for losses or claims resulting from your unlawful use of our website or a material breach of these Terms.

15. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as separate from the remaining provisions. The remaining Terms will continue to apply.

16. Termination

These Terms apply while you use our website or services.

You may stop using the website at any time.

We may restrict or terminate access where you materially violate these Terms, subject to applicable law.

17. Entire Agreement

These Terms, together with our Privacy Policy, Returns Policy and other applicable policies displayed on our website, govern your use of our website and purchases from FOUGAZE.

Nothing in these Terms affects statutory rights that cannot legally be waived or restricted.

18. Governing Law

These Terms are governed by the laws of the Netherlands.

If you are a consumer residing elsewhere, you may also benefit from mandatory consumer protections provided by the laws of your country of residence where applicable.

19. Changes to These Terms

We may update these Terms from time to time.

The version applicable to an order is the version in effect when that order was placed. Updated Terms will be published on this website together with an updated effective date.