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TERMS OF SERVICE

FIGI JEANS TERMS OF SERVICE


OVERVIEW

This website (“Website”) is operated by Fronhofer Gramlich, LLC dba FIGI Jeans (“FIGI Jeans”).  Throughout the site, the terms “we”, “us” and “our” refer to FIGI Jeans.  FIGI Jeans offers this Website, including all information, tools and services (“Services”) available from this Website to you, the user (“You” or “User”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Service (as defined below) carefully before accessing or using our Website.

By visiting our Website and/ or purchasing something from us, You agree to be bound by the following terms and conditions of service (“Terms of Service”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink, which are incorporated by reference herein.  These Terms of Service apply to all Users of the Website, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content. If You do not agree to all the terms and conditions of these Terms of Service, then You may not access the Website or use any Services. 

Any new features or tools which are added to the Website shall also be subject to the Terms of Service.  Our store is hosted by Shopify Inc. (“Shopify”) It provides us with the online e-commerce platform that allows us to sell our products and Services to You.  Use of the Website or the Services constitutes acceptance of any terms and conditions imposed by Shopify on users of the Shopify platform.

 

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 and that You expressly consent the use of our Website by your minor dependents.

You may not use our products or Services for any illegal or unauthorized purposes or to violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not upload or transmit any worms or viruses or any code of a destructive nature to the Website.

A breach or violation of any of these Terms of Service will result in termination of your access to the Website and 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.  We always encrypt credit card information during transfer over our networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services are 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 of Service.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without conducting ordinary due diligence or consulting additional sources of information for verification of the Website’s information. Any reliance on the material on this Website is at your own risk. We are not responsible if information made available on this Website is not accurate, complete or current.

This Website may contain certain historical information.  Historical information is not current and is provided for your reference only.  We reserve the right to modify the contents of this Website at any time.

 

SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products and Services are subject to change without notice.

We reserve the right at any time to modify or discontinue any Services (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 any 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 our sole discretion.  We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website 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 Services 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, 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 7 - OPTIONAL TOOLS

We may provide You with access to third-party tools over which we neither monitor nor have 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 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 Website 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 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include 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 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 9 - 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 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or related to our Services 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 Services or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Website 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 Services or of our Website, any related websites, any third-party 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 Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services, the Website or any related website for violating any of these prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

FIGI JEANS OFFERS PRODUCTS AND SERVICES FOR SALE WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, SUBJECT TO THE TERMS OF ITS RETURN POLICY.

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services 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 Services at any time, without notice to You.

You expressly agree that your use of, or inability to use, the services 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 non­infringement.

In no case shall FIGI Jeans, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to You or any third-party 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, 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 Website or any Services or products procured using the Website or Services, or for any other claim related in any way to your use of the Services, Website 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 Services or any content (or product) posted, transmitted, or otherwise made available via the Website or Services, 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.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless FIGI Jeans 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 15 - 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 16 - TERMINATION

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 Website.

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 these the Website, the Services or these Terms of Service any time without notice and You will remain liable for all amounts due up to and including the date of termination.  We may deny you access to our Services (or any part thereof) at any time.

 

SECTION 17 - 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 Website or in respect to the Services constitutes the entire agreement and understanding between You and us and govern your use of the Services, 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).

 

SECTION 18 - 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 laws of the State of Florida and any dispute or lawsuit arising out of or related to the Website, the Services or the Terms of Service shall be brought in a court of appropriate jurisdiction in the State of Florida.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this Website.

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 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to: customerservice@shopfigijeans.com.