THE CAPYBARA PAPERS PRIVACY POLICY
The Capybara Papers, [https://www.capybarapapers.com] is responsible for the processing of personal data as shown in this privacy statement. Last updated: December 21, 2023
This Privacy Policy describes Our policies and procedures on the collection,use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where ‘control’ means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either ‘the Company’, ‘We’, ‘Us’ or ‘Our’ in this Agreement) refers to The Capybara Papers, the Netherlands.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: Netherlands
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to The Capybara Papers, accessible from <http://www.capybarapapers.com>
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
• Email address • First name and last name • Address, State, Province, ZIP/Postal code, City • Usage Data
Usage Data
Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity). Cookies can be ‘Persistent’ or ‘Session’ Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. We use both Session and Persistent Cookies for the purposes set out below:
• Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
• Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
• To provide and maintain our Service , including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes : We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent : We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, countryor other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information. Delete Your Personal Data You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You. Our Service may give You the ability to delete certain information about You from within the Service. You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us. Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification
of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the ‘Last updated’ date at the top
of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us by e-mail: avg@capybarapapers.com
The Capybara Papers Terms and Conditions
All products displayed in this website are sold subject to our Terms and Conditions set out below. In these Terms and Conditions, the words and expressions below have the following meanings: ‘Conditions’ means these terms and conditions. ‘Product(s)’ means any The Capybara Papers products. ‘Service’ means any service supplied by The Capybara Papers. ‘we’, ‘us’, ‘our’ means The Capybara Papers. ‘Seller’ means The Capybara Papers. ‘you’, ‘your’ means the customer. ‘Buyer’ means the customer.
Orders
Once we accept your order, it becomes a legally binding agreement. Please be aware that all orders are contingent on product availability. We cannot assume responsibility for over or underordering. It is your responsibility to thoroughly review and confirm that all aspects of your order, including measurements, dimensions, product features, access, and delivery, meet your requirements and specifications. All goods are carefully packaged for safe transit, and if any items arrive damaged, it is crucial to sign for them as such and notify our customer service team within 72 hours. Please note that we do not accept responsibility for any damages that occur after delivery due to mishandling or inadequate storage. When purchasing wallpapers, we strongly recommend consulting with a trained professional or installer for guidance. We retain the right to decline product or service supply to any individual or company. Should you need to place additional orders due to underordering, these will be treated as separate orders and cannot be combined with previous ones.
Ownership
The Website is the official online platform of The Capybara Papers, and all copyrights and database rights associated with it are the exclusive property of The Capybara Papers. This includes all intellectual property rights, such as those pertaining to the website’s text, design, illustrations, photo’s, as well as the selection, organization, and arrangement of its content. Additionally, the trademarks of The Capybara Papers and any other trademarks, logos, or trade names featured on the website are owned by The Capybara Papers. We grant you a limited license, with certain restrictions, to access and use the material and content provided on the Website for your personal and non-commercial purposes. This license allows you to download such material and content solely for the purpose of viewing the Website on a single personal computer. However, it is important to acknowledge and agree that any use of the material and content from the Website beyond the scope of personal and non-commercial use is strictly prohibited. Specifically, you are prohibited from (or assisting or facilitating any third party in) copying, reproducing, transmitting, modifying, publishing, displaying, distributing, commercially exploiting, or creating derivative works from the material and/or content on the Website without obtaining our prior written permission. Engaging in any of these activities constitutes a violation of our intellectual property rights.
Basis of a Sale
All orders made through the Website are subject to acceptance in accordance with these terms and conditions. To create a contract between you and us, please follow these steps:
• Follow the onscreen instructions provided on the Website to place an order.
• By pressing ‘place order’ on the ‘checkout page,’ you make an offer to purchase the products at the displayed prices, along with any applicable delivery charges.
• An order acknowledgment e-mail will be sent to you, listing the products you’ve ordered. Please note that this e-mail serves as an acknowledgment of your order and is not a confirmation or acceptance of your order by The Capybara Papers.
• The acceptance of your order and the finalization of the contract between you and us will occur when you receive a confirmatory e-mail from us after payment for the products, unless we have explicitly informed you that we are unable to accept your order or you have canceled it.
Once we have accepted your order, and it has been fully paid for, the contract becomes binding, subject to your rights of cancellation. We reserve the right to decline an order under the following circumstances:
• If the ordered product/s is unavailable.
• If we identify a pricing or product description error.
• If we are unable to obtain authorization for your payment.
We retain the right to withdraw any products from the Website, amend or remove any information from our website at any time. We will not be liable to you or any third party for such actions, whether or not the product has been sold, materials or content have been edited or removed from the Website, or if we choose not to process or suspend any transaction after it has begun.
To be eligible for purchasing products on this website, you must meet the following criteria:
• You must be at least 18 years of age.
• Register by providing your real name, phone number, email address, payment details, and other requested information.
• Provide a valid delivery address.
• Use a valid credit or debit card issued by a bank acceptable to us. Please note that PO box numbers, hotels, and temporary addresses are not permitted for delivery.
Wallpaper
Weights, dimensions, and descriptions of goods provided by us to you are intended as approximate and are given in good faith. They do not constitute a binding part of any contract between you and us. We retain the right to withdraw or modify the specifications of any goods and patterns without prior notice to you.
Due to manufacturing processes Capybara Ceilings will be sold by square metre in several pieces of 48,7 cm. The minimum order quantity is 1 square meter.
Our wallpapers are typically sold by the roll, which is approximately 48.7 cm in width and 10 meters in length, unless otherwise specified.
Regarding the installation of wallpapers, any errors such as hanging them in the wrong direction or misaligning patterns are the responsibility of the buyer. Proper surface preparation is essential, and if there are any doubts, it is advisable to consult a skilled and qualified decorator. We do not assume responsibility for improperly hung wallpapers. Please note that due to the custom nature of our wallpapers, exact color matching cannot be guaranteed between different orders. Custom wallpapers will be matched as closely as possible if provided with an original piece, but we cannot guarantee a perfect match. The information provided in our specifications, whether conveyed verbally or in writing, is intended as guidance and is provided in good faith. However, it is offered without warranty, as site conditions and the level of skill in application are beyond our control. We can accept no liability for the performance of the products arising out of such use, beyond the value of the goods supplied by us.
Warranty
We operate the so-called legal warranty on all our items. This means that an article must be in good condition at the time you buy it from us. In the unlikely event that this is not the case, please let us know within 3 days after delivery and we will come up with an appropriate solution as soon as possible. If the delivered goods do not conform to the order, they may be exchanged free of charge provided that the seller is notified within 3 days after delivery of the non-conforming or wrong delivery. The packaging and the product itself must be intact and saleable. Any transport costs involved will be borne by the seller. If an article has already been used (for example, the wallpaper is already on the wall), the warranty will expire. The invoice you receive in your order confirmation is also your warranty certificate.
Cancellations and Returns
Due to the fact that all our products are custom made for you, returning the product is not possible. Although we always pack our orders with care, it sometimes happens that your package gets damaged during the shipping process. In that case, please take a picture of the box and unpack your order. Usually the product itself is undamaged. In the unlikely event that the product is damaged, please send us a clear picture with your name and order number and we will make sure that you receive a new product as soon as possible.
Complaints
We collaborate with excellent suppliers who, like us, are dedicated to delivering top-notch quality and service. However, occasional issues can arise during the production or packing process. If you encounter any problems, please reach out to us via e-mail, providing a detailed description of your complaint along with clear pictures. It is helpful if you include both close-up and wider shots. This information will enable us to thoroughly assess your complaint and address it directly with the relevant supplier. If it is determined that the issue is a result of a production error, we will promptly send you a replacement product. Your satisfaction is important to us, and we are committed to resolving any concerns you may have.
Delivery
We have virtually no wallpaper in stock so your order will be custom made for you by our suppliers. Upon placing an order, it will typically be dispatched within 5-15 working days, excluding weekends and holidays, unless otherwise specified in the ‘shipping time.’ Once your parcel has been sent from our facility, you will promptly receive a track and trace code via email. This code will allow you to monitor the progress of your parcel in transit. Please note that we cannot be held responsible for delays or delivery failures if access to the property is restricted. While we make every effort to meet delivery dates, they are not guaranteed. However, we will make our best efforts to ensure that goods are delivered on the specified date or shortly thereafter. If you have not received your order within 15 working days from the date of your order, please contact our customer service team so that we can investigate the non-arrival of your order.
Product Use
Unless otherwise specified, all our products are designed for interior use. It is your responsibility as the buyer to verify that the product is suitable for its intended end use.
Product Descriptions, Colours and Characteristics
We do our best to depict the colors of the wallpaper as lifelike as possible on our website. Nevertheless, the color may vary slightly from the actual product color. This is due to the way color and light intensity are set on your phone, tablet or computer. Put several screens next to each other and the color will appear slightly different on each screen. Therefore, if you have any doubts about the color, we advise you to order a sample in advance. Also, it’s important to acknowledge that variations can occur due to the unique characteristics of materials used. We cannot assume responsibility for these variations, as they contribute to the distinctive features of our products. These variations may include slight shade variations from one printing batch to another. We retain the right to make changes to the specifications of our products when necessary.
Prices
Unless stated otherwise, prices for orders within the EU include VAT but do not include delivery charges. Only orders from the Netherlands include delivery charges. For orders outside the EU, VAT will not be charged and prices do not include delivery charges. While we strive to maintain accurate pricing, it’s possible that prices may change due to unintentional administrative errors or factors beyond our control, such as fluctuations in the VAT rate. Customers will be responsible for any import duties, taxes, or associated charges imposed upon import. Please note that The Capybara Papers is not responsible for handling or covering import duties for international shipments.
Custom colour
Before initiating a custom color order, it is a prerequisite to purchase a sample and obtain approval for the color modifications. This service, along with the sample will be subject to a fee of €100.00.
Payment Methods
Our Payment Service Provider (PSP) is Mollie, a reputable European payment provider with expertise in processing online payments. Mollie operates a secure payment gateway that handles transactions for numerous online businesses, including ours. They place the highest importance on the secure handling of transaction data. Mollie holds PCI-DSS Level 1 certification, demonstrating their commitment to maintaining the highest standards of payment security. Furthermore, they adhere to the European Banking Authority’s guidelines for internet payment security, ensuring that your payment information is handled with the utmost care. When you make a payment through Mollie, you only need your Mollie login credentials, and your card or bank details are never disclosed. This safeguards your sensitive information from unauthorized access by third parties. You can easily identify the secure environment by looking for ‘https://’ in the web address and observing the locked padlock symbol next to the URL. These indicators assure you that your transaction is taking place in an encrypted and secure environment. When making a purchase through our website, you can have complete confidence that your payment information is well protected.
Website Content and Linked Sites
We make every effort to ensure that all details, descriptions, and prices of products displayed on the website are accurate at the time of uploading to our system. While we strive to maintain up-to-date and accurate content, it’s possible that inadvertent clerical or administrative errors may lead to discrepancies in the information, including product descriptions, on our website. Please be aware that in cases where an error is identified, we may choose not to accept an order, but this is subject to your statutory rights. We do not provide any guarantees or endorsements for other websites that you may access through our website or that may link to our website. When you visit other websites, please understand that they operate independently from us, and we have no control over their content or availability. Additionally, the presence of a link to another site on our website does not indicate our endorsement or acceptance of any responsibility for the content or use of that website. We shall not be held liable for any loss, damage, or offense caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any other website or resource.
Intellectual Property
You acknowledge and agree that all intellectual property rights, including copyright, database rights, trademarks, and any other rights pertaining to the material and content on this website, are the exclusive property of The Capybara Papers or our licensors. These rights shall always remain vested in us or our licensors, as expressly authorized by us or our licensors.
Indemnity
You agree to indemnify and hold The Capybara Papers harmless from any claims, liabilities, costs, and expenses, including legal fees, arising out of or related to your use of this website or any violation of these terms and conditions.
Liability and Warranties
We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. In no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the products or goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
Data Protection and Privacy
We highly value the privacy of your personal data and are committed to complying with all relevant and current data protection laws. We will not disclose your personal data to any third party, unless compelled to do so by a court of competent jurisdiction. If you would like to update or remove your personal information from our mailing list, please reach out to us. To facilitate and fulfill your order, we are required to process and store your data and share it with third parties directly involved in the order, such as our courier service. By placing an order with us, you consent to your data being processed by The Capybara Papers for these purposes. Rest assured that we will not share your data with any entities outside our organization. Your privacy and data security are of utmost importance to us.
Security Policy
We are committed to taking all reasonable precautions to maintain the security of your order and payment details. However, unless we are negligent, we cannot be held liable for any losses that may occur due to unauthorized access to the information you have provided. Your security and protection of personal information are of utmost importance to us.
Risk and Title
No order becomes binding on you or The Capybara Papers until we have officially accepted it. The ownership and title of the ordered products will be transferred to you either when they are dispatched by us to the postal service or our carriers, or upon your full payment of the price of the Goods, including any applicable delivery charge, whichever occurs later. Risk associated with the products will be transferred to you upon delivery. If any provision within these terms and conditions is deemed invalid or unenforceable by any court or administrative body of competent jurisdiction, such invalidity or unenforceability will not impact the validity and enforceability of the remaining terms and conditions, which will remain in full force and effect. You are not permitted to assign or subcontract any of your rights or obligations under these terms and conditions or any related product order to any third party without obtaining our written consent. We, however, reserve the right to transfer, assign, or subcontract any of our rights or obligations under these terms and conditions or any related contract to a third party.
Waiver
Our failure to exercise or enforce any right granted to us by these terms and conditions will not be considered a waiver of that right. It also will not prevent us from exercising or enforcing that right at any later time or on subsequent occasions.
Amendments to these Terms & Conditions
We retain the right to make amendments to these terms and conditions at any time. Such modifications will become effective upon being posted on the Website. It is your responsibility to review the terms and conditions each time you use the Website. Your continued use of the Website will indicate your acceptance and agreement to be bound by the most recent terms and conditions.