Terms of service

Terms of Service

This website is managed by Fabare. In this document, the terms "we", "us", and "our" refer to Fabare. Fabare provides this website, along with all information, tools, and services available here, contingent upon your acceptance of all terms, conditions, policies, and notices mentioned in this document.

By accessing our site and/or making a purchase from us, you engage with our "Service" and agree to comply with the following terms and conditions ("Terms of Service", "Terms"), which include any additional terms, conditions, and policies referenced herein or available through hyperlinks. These Terms of Service are applicable to all users of this site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please review these Terms of Service thoroughly before using our website. By accessing or utilizing any part of the site, you consent to adhere to these Terms of Service. If you do not accept all the terms and conditions of this agreement, you must not access the website or use any Services. If these Terms of Service are viewed as an offer, acceptance is explicitly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to these Terms of Service. You may check the most recent version of the Terms of Service at any time on this page. We maintain the right to update, alter, or replace any part of these Terms of Service by posting updates and/or modifications on our website. It is your responsibility to review this page periodically for changes. Your ongoing use of or access to the website following the posting of any changes signifies acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By accepting these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are of age and have granted us your permission for any of your minor dependents to use this site.

You must not utilize our products for any illegal or unauthorized purposes, nor may you, while using the Service, breach any laws applicable in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A violation of any of the Terms will lead to 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 acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit 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 explicit written consent.

The headings in this agreement are for convenience only and will not limit or otherwise impact these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not liable if information made available on this site is not accurate, complete, or current. The materials on this site are provided for general informational purposes only and should not be relied upon or utilized as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the materials on this site is at your own risk.

This site may feature certain historical information. Historical information, by nature, is not current and is provided for your reference only. We retain the right to alter the content 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 alteration without prior notice.

We reserve the right to modify 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 modifications, price changes, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may only be available online through the website. These products or Services may have limited quantities and can only be returned or exchanged in accordance with our Refund Policy.

We have taken every effort to display the colors and images of our products as accurately as possible. However, 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 individual, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We maintain the right to limit the quantities of any products or Services that we offer. All product descriptions or 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 site is void where prohibited.

We do not guarantee 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 rectified.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that share the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email 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 we can complete your transactions and contact you as needed.

For more detailed information, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we do not monitor or have any 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 related to your use of optional third-party tools.

Your use of the optional tools available through the site is entirely at your own risk and discretion, and you should ensure that you are acquainted with and approve of the terms under which the 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 launch of new tools and resources). Such new features and/or Services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and Services accessible through our Service may include materials from third parties.

Third-party links on this site may redirect you to 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 carefully review the third-party's policies and practices and ensure that you understand them before you engage in any transaction. Complaints, claims, concerns, or inquiries 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, via email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us. We are under no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.

You agree that your comments will not infringe upon any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or include 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 email address, impersonate someone other than yourself, or otherwise mislead us or third parties regarding the source 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.

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 pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We maintain 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 specific 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 12 - PROHIBITED USES

Along with other prohibitions outlined 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 breach 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 may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track 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. 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 from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice to you.

You explicitly agree that your use of, or inability to use, the Service is at your own 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 event shall Fabare, our directors, officers, employees, affiliates, 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, 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 any of the Service or any products obtained 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, 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 limitation of liability for consequential or incidental damages, in such cases, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fabare and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your infringement of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall remain enforceable to the fullest extent allowed by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties that occurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you stop using our site.

If we determine that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we 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 we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not serve as a waiver of such right or provision.

These Terms of Service and any policies or operational rules posted by us on this site or in relation to the Service represent the complete 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 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and interpreted in accordance with the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can view the most current version of the Terms of Service at any time on this page.

We maintain the right, at our 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 after the posting of any changes to these Terms of Service constitutes acceptance of those changes.