Terms of service
GENERAL DESCRIPTION
Welcome to Fesio. The terms “we,” “us,” and “our” refer to Fesio. Fesio operates this store and website, including all information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Fesio uses Shopify technology to provide the Services.
These terms and conditions, along with all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside, and that you have given us your consent to allow any minors in your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing, browsing, or purchasing any product or service we offer, you may be asked to provide certain information such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our online stores is correct, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activity that occurs under your account. You may not transfer, sell, or assign your account to any other person, nor grant licenses associated with that account.
SECTION 2: OUR PRODUCTS
We have made every effort to display accurate representations of our products and services in our online stores. However, you should understand that the colors or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to those shown in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit quantities of products offered to any person, geographic area, or jurisdiction as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Fesio reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Fesio confirms acceptance. We must receive and process your payment before accepting your order.
Please carefully review your order prior to submission, as Fesio may not be able to honor cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or telephone number provided at the time of purchase.
Your purchases are subject to returns or exchanges solely in accordance with our Refund Policy.
You represent and warrant that your purchases are only for personal or household use and not for resale or export for commercial purposes.
SECTION 4: PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be stated on the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, order processing fees, customs clearance, or import duties.
Prices listed in our online stores may differ from those offered in physical, online, or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If a conflict arises between promotion terms and these Terms, the promotion terms shall prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we may complete your transactions and contact you as necessary.
You represent and warrant that (i) credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) your credit card company will honor charges you incur; and (iv) you will pay charges incurred at posted prices, including applicable shipping, handling, and taxes.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are subject solely to estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, title and risk transfer to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Fesio, its affiliates, or licensors, and are protected under U.S. and international copyright and intellectual property laws.
These Terms allow you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, copy derivative works, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without prior written consent from us.
Unless expressly stated herein, nothing in these Terms shall be construed as granting any license or other rights to patents, trademarks, copyrights, or other intellectual property of Fesio, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Fesio reserves all rights not expressly granted herein.
Names, logos, product and service names, designs, and slogans of Fesio are trademarks of Fesio, its affiliates, or licensors. You may not use such trademarks without prior written permission from Fesio. Shopify trademarks include its name, logo, product and service names, designs, and slogans. All other names and logos appearing in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be granted access to customer tools provided by third parties over which we exercise no monitoring, control, or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We assume no liability arising from your use of third-party optional tools.
You agree to use third-party tools offered through the site at your own discretion and risk, and you must ensure that you are familiar with and approve the terms under which third-party providers offer the tools.
We may, in the future, offer new features through the Services (including the release of new tools and resources). These new features shall also be considered part of the Services and subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may include third-party materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the accuracy of third-party materials or websites you choose to access.
If you decide to leave the Services to access third-party materials or sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or transactions involving products, services, or resources provided by third parties. Please carefully review third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services must be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and must not be removed or modified.]
Fesio uses Shopify technology, which enables us to provide the Services. However, any sale or purchase you make in our store is made directly with Fesio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales occurring between you and Fesio, including injuries, damages, or losses caused by the products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchases and transactions with Fesio.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. In order to provide services, information you submit through the Services will be transmitted to Shopify and to third parties who may be located in countries where you do not reside, and will be shared with them. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy.
SECTION 11: COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use.
You represent and warrant that: (i) you own all rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with submitting Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) treat Comments as confidential; (2) compensate you for Comments; or (3) respond to Comments.
We may, but are under no obligation to, monitor, edit, or remove Comments we determine, at our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate intellectual property rights of any party or these Terms of Service.
You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that Comments will not contain unlawful, abusive, or obscene material, nor computer viruses or other malware that may affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of Comments. You are solely responsible for any Comments you submit and their accuracy. We are not responsible for Comments posted by you or third parties.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders due to inaccuracies at any time without notice (including after you have submitted an order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state, or local regulations, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or procure the sending of junk mail, chain letters, unsolicited email, or any similar content; (h) to impersonate another person or entity or attempt to do so; (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Fesio, Shopify, or Service users or expose them to liability.
You further agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) send spam, engage in phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof ) at our sole discretion at any time without notice. You may remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Comments, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on such materials is strictly at your own risk. We disclaim all liability arising from any reliance placed by you or any visitor to the Services, or by anyone who may be informed of its contents.
UNLESS EXPRESSLY PROVIDED BY Fesio, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE WAY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Fesio, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF 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 THE SERVICES OR ANY PRODUCT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold Fesio, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers harmless from any loss, damage, liability, or claim, including reasonable attorney fees, paid to any third party arising out of (1) your breach of these Terms of Service or of any documents incorporated by reference, (2) violation of any law or third-party rights, or (3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to promptly notify you shall not relieve you of your indemnification obligations unless you have been materially prejudiced. We may control the defense and settlement of any such claim at your expense, including attorney selection, but we will not settle claims imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You shall cooperate in the defense of indemnified claims, including providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service, along with any operating policies or rules posted on this site or in respect to the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms along with our rights and obligations without your consent or notice to you.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction to which Fesio belongs. You and Fesio hereby submit to jurisdiction and venue in such courts.
SECTION 22: HEADINGS
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our website. You are responsible for periodically checking our website for changes. We will notify you of any material modifications to these Terms in accordance with applicable law, and such modifications will take effect from the date specified in the notice. Continued use or access to the Services after posting any modifications constitutes acceptance of those modifications.
SECTION 24: CONTACT INFORMATION
Questions about the Terms of Service must be sent to us at contact@fesio-store.com.