terms and conditions
This website is operated by FondClothing. Throughout the site, the terms "we", "us" and "our" refer to FondClothing. FondClothing offers this website, including all information, tools and services available from this site to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices contained herein.
Our shop is hosted at Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your dependents who are minors to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A violation or breach of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason.
You acknowledge that your content (with the exception of credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) modifications to adapt to the technical requirements of the connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, any part 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 our express written permission sell, resell or exploit.
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if any information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to change the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that the colors displayed on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue a product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any product, service, information or other material purchased or received by you will meet your expectations or that errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or prohibit any orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
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 more details, please read our return policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools that we do not monitor, control or 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 have no liability whatsoever arising out of or in connection with your use of optional third party tools.
Any use of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you comply with the terms on which the tools are provided by the relevant third party(s). become, are familiar with and agree with them.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may contain materials from third parties.
Third party links on this website 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 make no warranty and assume no liability or responsibility for any third-party materials or websites, or for any other third-party materials, products or services.
We shall not be liable for any damage or injury related to the purchase or use of any goods, services, resources, content or any other transaction conducted in connection with any third party website. Please read the policies and practices of the third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding Third Party Products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
When you submit certain specific submissions (e.g., contest entries) at our request, or creative ideas, suggestions, proposals, plans, or other materials online, by email, by mail, or otherwise (collectively, "Comments") without our prompting, you state You agree that we may edit, copy, publish, distribute, translate and otherwise use the Comments you submit to us in any medium at any time and without restriction. We are not and will not be obligated to (1) keep Comments confidential, (2) pay compensation for Comments, or (3) respond to Comments.
We may, but have no obligation, to monitor, edit or remove any Content that, in our sole discretion, is unlawful, abusive, 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, privacy or other personal or proprietary rights. 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 anyone other than yourself, or in any way mislead us or third parties as to the origin of any Comments. You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - 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 to cancel orders if any information on the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order have).
We assume no obligation to update, change or clarify any information on the Service or any related website, including without limitation pricing information, except as required by law. No update or update date given on the Service or on any related website should be taken as an indication that any information on the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USE
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 encourage others to perform or engage in any illegal activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe 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) 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 any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, subterfuge, spider, crawl or scrape; (j) for obscene or immoral purposes; 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 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that we may remove the Service from time to time without notice for indefinite periods of time or terminate the Service at any time.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services made available to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, 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.
In no event shall FondClothing, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors 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, lost data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Service or products procured through 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 errors or omissions in any content, or loss or damage of any kind caused by use of the Service or any Content (or Product) posted, transmitted or otherwise made available through the Service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
SECTION 15 - SEVERABILITY
SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose prior to the termination date will survive, for all purposes, termination of this Agreement.
SECTION 17 - ENTIRE AGREEMENT
SECTION 18 - APPLICABLE LAW
SECTION 19 - MODIFICATIONS TO THE TERMS OF SERVICE