Terms of Service
This website is operated by Feuillete™. Throughout the site, the terms “we”, “us” and “our” refer to Feuillete™. Feuillete offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows 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 you have given us your consent to allow any of your minor dependents to use this site.
You may 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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation 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 for any reason at any time.
You understand that your content (not including credit card information), 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 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.
The headings used in this agreement are included 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 information made available on this site 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 site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, Site or any products or services.
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 according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the 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 products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
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.
SECTION 6 – OWNERSHIP OF WEBSITE CONTENT
Unless otherwise noted, all content on the Site, which shall include, without limitation, all products offered on or accessed through the Site (collectively, the "Site Content"), are the sole and exclusive property of Feuillete® or Feuillete’s affiliates or Feuillete third-party licensors or suppliers and are protected by U.S. federal and state laws and regulations, as well as applicable foreign international laws, regulations and treaties.
By accepting these Terms of Service, you do not become the owner of any Site Content, but are entitled to use the Site Content according to these Terms of Service and subject to all additional intellectual property notices, information or restrictions accessed through the Site.
As used herein, Site Content shall include, without limitation, all products, content, text, titles, characters, names, images, graphics, design, logos, illustrations, photographs, video, audio, including musical compositions and sound recordings, interactive features, audio-visual material, information, compilation, services, and other materials on or offered by or accessed through the Site, as well as the designs, icons, layout, "look and feel," distinctive information such as logos, the selection sequence, arrangement of icons, and all other graphical elements, and all code and software of the Site and all proprietary information, copyrights, trademarks, service marks, trade names, patents, and other intellectual property rights in any of the foregoing.
All content included on the Site, such as all design, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, the selection and arrangement thereof, and all software, is Copyright © Feuillete™, ALL RIGHTS RESERVED. The compilation of all content on the Site is the exclusive property of Feuillete™ and protected by U.S. and international copyright laws.
The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be subject to use, copy, photocopy, record, modification, distribution, republishing, reproduction, transmission, download, display or performance - without the prior written permission of Feuillete and is strictly prohibited. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from us or the copyright holder identified in the individual content's copyright notice.
Feuillete.com, our name and logos, and all page headers, button icons, custom graphics, scripts, and service names are service marks, trademarks, registered trademarks and/or trade dress of Feuillete or its affiliates in the U.S. and/or other countries, and may not be used in connection with any product or service that is not offered by Feuillete in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks, product names and company names or logos cited herein that are not owned by Feuillete or its affiliates, but appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Feuillete or its affiliates. Use of trademarks for commercial purposes without authorization from us is strictly prohibited.
SECTION 7 - INTELLECTUAL PROPERTY
Site Content on the Site is provided to you “AS IS” for your information and personal use only. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use. Feuillete reserves all rights not expressly granted to you in and to the Website and Site Content and Marks.
Except as otherwise provided in these Terms of Service or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, broadcast, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Site Content or any portion thereof, for any purpose or by any means, method, or process now known or later developed or otherwise exploit for any other purposes whatsoever without the prior written consent of Feuillete. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
You agree not to download, display or use any Site Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Feuillete, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Feuillete and/or its licensors, that dilutes the strength of Feuillete’s or its licensor's property, or that otherwise infringes Feuillete’s or its licensors' intellectual property rights. You further agree to in no other way misuse any Site Content or Third-Party Content that appears on this Site.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel 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 make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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 detail, please review our Return Policy.
SECTION 9 - 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 10 - 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 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that 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. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond 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 any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – ACCOUNT AND PERSONAL INFORMATION
If the Site requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration or purchase form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. 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. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. Your account is non-transferable and any rights to your account shall automatically terminate upon your death. You may not use the account, user name or password of someone else at any time.
You agree to notify us immediately of any unauthorized use of your account, user name, password and/or credit card information. You also agree to notify us if you are aware of or suspect other unauthorized use of the Site and/or the Site content. We will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents or representatives, our licensees, licensors and suppliers as well as any of our related companies and each of our and their respective directors, officers, employees and agents (each a “Feuillete Party”) due to someone else’s use of your account, user name or password.
SECTION 13 - 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 14 - 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. (l) to resell any product purchased on the website without express written permission via a Reseller Agreement with Feuillete. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
There are some websites and dealers who claim to be authorized Feuillete resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from Feuillete. When you purchase products from an unauthorized website or dealer you are taking a risk, because these products may be counterfeit, used, defective, or may not be designed for use in your country. Please protect yourself and your Feuillete product by ensuring that you only purchase Feuillete products from an Authorized Feuillete Dealer. In the United States, please visit Feuillete.com.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
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 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.
In no case, including but not limited to negligence, shall Feuillete, any of our affiliated companies, or our directors, officers, employees, affiliates, shareholders, agents, contractors, interns, suppliers, content providers, service providers or licensors (each a “Feuillete Party”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation personal injury, pain and suffering, emotional distress, lost profits, lost revenue, lost sales, lost savings, loss of data, lost business, economic loss, 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, 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.
In no event shall Feuillete or any Feuillete Party be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the website.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. to the extent any warranty cannot be disclaimed, a limited explicit warranty is given by us to the exclusion of any other remedy as follows: if a product purchased by you breaches a warranty that may not be disclaimed, and you notify us within 30 days of purchase and otherwise follow our return policy as set forth on the site, we shall refund the monies paid for the breaching product.
By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides substantially as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
ACKNOWLEDGEMENT REGARDING PRODUCTS AVAILABLE ON THE SITE
All of the products purchased from the Site should only be used in accordance with the manufacturer's instructions, precautions and guidelines. You agree that you are using the Site and the products and services offered by the Site at your own risk. You are responsible for using any items purchased responsibly and in accordance with applicable directions for use. It is your responsibility to review the ingredients of all items and understand your tolerances to ensure that the use of these products will not cause allergic reactions or other adverse side effects.
SECTION 16 - DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA), COPYRIGHT AND OTHER COMPLAINTS
We respect the Intellectual Property Rights of others and are committed to complying with the copyright laws of the United States and to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3). If you believe that your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Feuillete’s Designated Copyright Agent with the following information in accordance with the DMCA.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to our Designated Agent in the manner described below:
By Email: firstname.lastname@example.org
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification and description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification and description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including a URL address (if applicable);
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address (if available);
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Please note that in order to facilitate resolution of the dispute, we may provide your contact information to the user or entity that posted the Content that you are reporting; or in the event that you are the alleged infringer and provide a counter-notice, to the user or entity that filed the original claim.
Please note, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages (including costs, court costs, and attorneys’ fees) incurred as a result of the removal or blocking of the material.
After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information in writing to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in Orange County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the Copyright Agent’s receipt of the counter-notice, at our sole discretion.
SECTION 17 - SECURITY
You are prohibited from violating or attempting to violate the security of the Site. We have the right, but not the obligation, to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. We may suspend your access to the Site while we conduct an investigation. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.
SECTION 18 – FRAUD PROTECTION PROGRAM
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
SECTION 19 - FORCE MAJEURE
Our obligations under these Terms of Service or otherwise are subject to delays caused by force majeure or events outside our reasonable control. We shall not be liable for any failure or delay in fulfilling any of our obligations under a Contract whose cause comes from any events beyond our reasonable control (“Force Majeure”).
Force Majeure Event shall include any act, event, lack of exercise, omission or accident that might be beyond our reasonable control and among others, including but not limited to the following: (a) Strikes, lockouts or any other industrial action; (b) Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war; (c) Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster; (d) Inability to use trains, ships, aircraft, motor transport or any other means of public or private transport; (e) Inability to use public or private telecommunication systems; (f) Acts, decrees, legislation, regulations or restrictions of any government or public authority; (g) Strike, failure or accidents of maritime or river transport, postal or any other type of carriage.
It shall be deemed that our obligations under the Contract will be suspended during the period that the Force Majeure Event continues, and we will have an extension in the deadline to comply with these obligations for a period of time equal to the duration of the Force Majeure. We will use our reasonable means in order to end the Force Majeure Event or to find a solution that allows us to comply with our obligations by virtue of the Contract despite the Force Majeure Event.
SECTION 20 - WAIVER
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Feuillete’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Feuillete and 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 22 - SEVERABILITY
In the event that any provision of these Terms of Service 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 23 - 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 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 24 - 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 25 - GOVERNING LAW
By using this site, you hereby agree that any and all disputes arising out of or related to these Terms of Service or the use of the Site or the purchase of any products offered by or accessed through the Site shall be governed by the laws of the State of California, without regard to its conflicts of law rules. These disputes will be subject to the exclusive jurisdiction of courts of the State of California, located in Orange County, California and you agree to waive all rights to contest this exclusive jurisdiction and venue of such Courts.
Specifically, the validity, interpretation, and performance of these Terms of Service shall not be governed by the United Nations Convention on the International Sale of Goods.
You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action.
Finally, with respect to the purchase of products offered by or accessed through the Site, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against us that is more than one year after the date of purchase. These Terms operate to the fullest extent permissible by law.
SECTION 26 – AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Feuillete agree to resolve any claims relating to this Agreement through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Feuillete’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Feuillete may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You and Feuillete may also litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Feuillete must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Feuillete will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Feuillete will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Feuillete, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Feuillete.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Feuillete in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FEUILLETE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. The preceding sentence does not apply to New Jersey residents. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing email@example.com and providing the requested information as follows: (1) Your Name; (2) the URL of this Agreement; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Agreement. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept this Agreement by using the Website.
CHOICE OF LAW/FORUM SELECTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Orange County, California.
SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or mailing us at: Feuillete Skincare, 17595 Harvard Ave, Ste C #276, Irvine, CA 92614.
SECTION 29 – AUTO DELIVERY PROGRAM TERMS OF SERVICE
- Your Auto Delivery subscription will continue and remain in effect based on your frequency schedule until you cancel it.
- You may modify or cancel at any time up to 72 hours before the next order date through your Feuillete Auto Delivery Account online. Cancellations become effective immediately unless such cancellation is made less than 72 hours before the product delivery date in which case the cancellation will be processed for the following delivery. You acknowledge and agree that if you submit your subscription cancellation within 72 hours of your next order date, the cancellation will take effect with respect to future deliveries, but the Products scheduled to deliver within the 72 hours period of your cancellation date will still ship and your active credit card will be charged.
- A recurring charge in the amount of the product selected for Auto Delivery will be automatically charged to your credit card based on your scheduled Auto Delivery.
- There is a minimum term of 1 Auto Delivery subscription deliveries (one initial purchase). After the first delivery, you have the ability to cancel at any time up to 72 hours before the next order date.
- Your credit card will only be charged when your Auto Delivery order ships.
- You agree that Feuillete will not obtain any additional authorization from you for these recurring payments and Product deliveries. Your subscription will be re-affirmed on each date in which your selected Products are scheduled for delivery and a recurring charge in the amount of the replenished Products will be automatically charged to your credit card for each delivery on the schedule you requested until you cancel your Auto Delivery Service subscription.
- Your Auto Delivery order will be shipped via Standard Shipping method. Expedited and Priority Shipping are not available for Auto Delivery orders. Please refer to our Shipping Policy for more information.
- Promotional codes are not valid on any Auto Delivery purchases or on any subsequent Auto Delivery orders.
- All returns under the Auto Delivery program are subject to Feuillete.com Return Policy. We will not refund fees paid prior to the termination date of your subscription to the service.
- Auto Delivery is only available to customers shipping to addresses in the continental United States.
- The Auto Delivery program includes all of the items noted on the Frequently Asked Questions page and are part of these Terms.
- All Auto Delivery subscriptions require a credit or debit card payment. Alternative payment forms, such as PayPal, cannot be accepted.
- The Auto Delivery Service and the Auto Delivery discount apply only to regular-priced Products. Excludes markdowns and clearance products. The Auto Delivery discount applies to merchandise only, not applicable to taxes or shipping costs.
- The total cost charged to your payment method for each Auto Delivery order will be the cost of the item on the day that order is processed less the Auto Delivery discount (if applicable), plus any applicable sales tax and shipping and handling fees.
- The charge for each Auto Delivery item delivery will be billed to the payment method used to create your Auto Delivery or as otherwise directed by you. If we are unable to complete your Auto Delivery order with the payment method you used to create your Auto Delivery, you authorize us to update your Auto Delivery with another payment method in your account and to charge the payment method for your Auto Delivery order.
- If any problems arise with your Auto Delivery Service subscription, the shipping address or payment method associated with your subscription that we are unable to resolve, we will notify you through the email address associated with your subscription and your subscription order for that delivery date may be canceled. No additional subscription orders will be shipped to you until the issue has been resolved. Even if a particular subscription order is canceled due to a problem, your subscription to the Auto Delivery Service will remain in effect, and we will try to process your Auto Delivery Products on the next order date based on the delivery frequency you selected.
- The Auto Delivery program is void where prohibited.
- Your participation in the Auto Delivery program is personal to you, and you may not assign or transfer your participation in the Auto Delivery program or any perks to any third party without our authorization.
- Feuillete reserves the right to change, discontinue, or alter the Auto Delivery Service and perks, including the discount amounts, shipping discounts (if any), and eligibility used to determine discount amounts, at any time in its sole discretion without notice. All changes will apply to future orders, including for current Auto Delivery subscribers.
- Feuillete, at its sole discretion, reserves the right to disqualify and terminate participation of any user found to be acting in an unethical manner with intent to abuse Auto Delivery program benefits. A user found to be committing the foregoing shall be disqualified from Auto Delivery program participation.
By subscribing to a product and placing an order through our Auto Delivery program, you accept our Auto Delivery Terms & Conditions, limitations and requirements. By joining Feuillete Auto Delivery program, you are committing to receive the initial purchase. After the first shipment, you have the ability to cancel at any time. Your Auto Delivery subscription will automatically renew on a recurring basis at which time your credit card will be charged automatically for the Auto Delivery subscription products, including applicable shipping and handling fees until you cancel your subscription membership. You may cancel your membership at anytime by logging in to your account, selecting Subscriptions, then clicking cancel next to the item.