Effective Date: 07/16/2023
These Terms of Service (the "Terms") outline the terms and conditions governing your use of our website and services. By accessing or using our website, purchasing our products, or engaging with our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our website or services.
1. Intellectual Property
All intellectual property rights related to Fleurytale, including but not limited to trademarks, logos, original designs or content, are owned by Fleurytale and protected under applicable copyright and intellectual property laws. You may not use, reproduce, distribute, or modify any of our intellectual property without our explicit written consent.
2. Products and Services
a. Our Products: Fleurytale offers high-quality press on nails meticulously crafted by our skilled nail technicians. By placing an order through our website, you acknowledge that the product colors, designs, and dimensions may slightly vary due to the handcrafted nature of our items.
b. Custom Orders: Custom orders may be available for certain products. If you request a custom order, we reserve the right to refuse any requests that violate our brand identity, intellectual property rights, or are considered inappropriate.
c. Payment: Payment for products must be made at the time of purchase through the payment methods provided on our website. All prices are listed in USD and are subject to applicable taxes and shipping charges.
3. Shipping and Delivery
a. Shipping: We strive to process and ship orders promptly. However, please allow for potential delays during busy periods or unforeseen circumstances. We are not liable for shipping delays caused by external shipping carriers.
b. Delivery: Once the product leaves our facility, delivery times are subject to the shipping carrier's policies. Fleurytale is not responsible for any lost, stolen, or damaged packages during transit.
4. Returns and Refunds
a. Refunds: We take great pride in our products and aim to ensure customer satisfaction. If you are unsatisfied with your purchase, please contact us at [email protected] within 14 days of receiving your order to discuss possible solutions.
b. Damaged or Defective Items: In the unlikely event that you receive a damaged or defective item, please notify us immediately, and we will work to replace the item promptly.
5. Privacy Policy
Your privacy is essential to us. Please review our Privacy Policy [insert hyperlink to Privacy Policy] to understand how we collect, use, and protect your personal information.
6. Website Use
You agree not to use our website for any unlawful or unauthorized purposes. You may not attempt to gain unauthorized access to our website, interfere with its functionality, or use it in a manner that could harm Fleurytale or other users.
7. Changes to the Terms of Service
Fleurytale reserves the right to update or modify these Terms at any time without prior notice. Any changes to the Terms will be effective upon posting on the website. It is your responsibility to review the Terms periodically to stay informed of any updates.
8. Changes to Services and Prices
We strive to provide accurate and up-to-date information about our products and services, including pricing. However, please note that prices for our products are subject to change without prior notice.
Fleurytale reserves the right to modify, suspend, or discontinue any part of the Service, including its content and offerings, at any time and without notice. While we make every effort to maintain the availability and quality of our products and services, we shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
We encourage you to regularly check our website for updates on products, services, and pricing to stay informed about any changes that may affect your purchase decisions.
9. Products or Services (If Applicable)
Certain products or services offered through our website may be available exclusively online, and their availability may be limited. Please refer to our Return Policy for information on returns or exchanges.
We have taken utmost care to display the colors and images of our products as accurately as possible on the website. However, we cannot guarantee that your computer monitor's display of any color will be entirely accurate.
Fleurytale reserves the right to limit the sales of products or services to any person, geographic region, or jurisdiction, as permitted by applicable law. We may exercise this right on a case-by-case basis and reserve the right to limit the quantities of any products or services offered. Descriptions of products and product pricing are subject to change at any time without prior notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offers for products or services made on this site are void where prohibited by law.
While we strive to provide high-quality products and services, we do not warrant that the quality of any products, services, information, or other materials purchased or obtained through our website will meet your expectations. Additionally, we cannot guarantee that any errors in the Service will be corrected.
10. Third-Party Tools and New Services
At times, we may provide access to third-party tools through our website. It is important to note that we do not monitor or control these tools and have no input in their development or functionalities.
You acknowledge and agree that any use of these optional third-party tools is entirely at your own risk. We provide access to these tools on an "as is" and "as available" basis, without any warranties, representations, or conditions. Fleurytale shall not be liable for any issues arising from or related to your use of these third-party tools.
Please exercise caution and familiarize yourself with the terms of use provided by the relevant third-party providers before using any optional tools through our website.
Furthermore, we may introduce new services and features in the future, including the release of new tools and resources. These additions will also be subject to these Terms of Service.
11. Third-Party Links
Our Service may include content, products, or services provided by third parties. Additionally, we may include links to third-party websites that are not affiliated with Fleurytale.
Please be aware that we do not control or endorse the content, accuracy, or practices of these third-party materials or websites. Consequently, we do not assume any responsibility for examining or evaluating such content.
When you access third-party links on our site, you do so at your own risk. Fleurytale will not be liable for any damages or harm arising from your use of third-party websites or the purchase and use of goods, services, resources, or content provided by third parties.
Before engaging in any transaction or activity with third-party websites, we strongly advise you to review their policies and practices. It is important to understand the terms and conditions governing such transactions, as Fleurytale will not be involved in or responsible for any complaints, claims, concerns, or questions related to third-party products or services.
12. User Comments, Feedbacks, and Submissions
We value your feedback and appreciate your contributions to Fleurytale. If, at our request or voluntarily, you provide specific submissions such as contest entries or creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as 'comments'), you agree that we may use, edit, copy, publish, distribute, translate, and utilize these comments in any medium without any restrictions.
Please be aware that we are not obligated to maintain any comments in confidence, compensate you for any submissions, or respond to any comments.
While we respect your right to express yourself, we may, at our sole discretion, monitor, edit, or remove content that we find to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or content that violates any party's intellectual property rights or our Terms of Service.
By sharing comments, you affirm that they do not infringe upon any third-party rights, including copyright, trademark, privacy, or any other personal or proprietary rights. Furthermore, your comments must not contain defamatory, unlawful, abusive, or obscene material, nor should they contain any computer virus or malware that could disrupt the operation of the Service or any related website.
You must use a legitimate email address and refrain from misrepresenting yourself or misleading us or any third parties about the origin of your comments. Ultimately, you are responsible for the accuracy and content of the comments you make.
We shall not be held liable for any comments posted by you or any third party. Your participation and engagement on our platform are governed by these Terms of Service, and we strive to provide a safe and respectful environment for all users.
13. Corrections, Updates, and Omissions
While we strive to provide accurate and up-to-date information on our website and in our Service, there may be instances where typographical errors, inaccuracies, or omissions occur. These errors may pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
Fleurytale reserves the right to rectify any errors, inaccuracies, or omissions found in the Service or on any related website. We may change or update information, or cancel orders if any information in the Service or on our website is inaccurate, without prior notice, even after you have submitted your order.
We acknowledge our responsibility to provide accurate information and will make necessary corrections promptly. However, please note that we are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by applicable law.
We do not provide a specified update or refresh date in the Service or on our website to indicate that all information has been modified or updated. Nonetheless, we are committed to adhering to legal requirements within the United States and will take reasonable measures to ensure the accuracy and integrity of the information presented.
14. Prohibited Use
At Fleurytale, we maintain a safe and respectful environment for all users. As such, there are certain prohibited uses that you must refrain from while using our site or its content.
You are strictly prohibited from using the site or its content:
(a) For any unlawful purpose; (b) To encourage or solicit others to engage in unlawful acts; (c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) To infringe upon our intellectual property rights or the intellectual property rights of others; (e) To engage in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination 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 could impact the functionality or operation of the Service, related websites, other websites, or the Internet; (h) To collect or track the personal information of others; (i) To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) For any obscene or immoral purpose; (k) To interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet.
Fleurytale reserves the right to take appropriate actions, including terminating your use of the Service or any related website, if we find any violations of the acceptable use policy.
15. Disclaimer of Warranties; Limitation of Liability
At Fleurytale, we are committed to providing you with a reliable and enjoyable experience, but we cannot guarantee that our service will be uninterrupted, secure, or error-free at all times. While we strive to deliver accurate and reliable results, we do not warrant that the outcomes obtained from using our service will be completely accurate or dependable.
Please be aware that there may be instances where we need to temporarily remove the service or cancel it altogether, without prior notice to you.
Your use of our service is entirely at your own risk. We provide the service, along with all products and services delivered through it, on an 'as is' and 'as available' basis, without any express or implied representations, warranties, or conditions. This includes, but is not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Fleurytale or any of our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. This applies regardless of whether the claim is based on contract, tort (including negligence), strict liability, or any other legal theory, arising from your use of the service or any products acquired through it. Additionally, we shall not be liable for any errors or omissions in the content or for any loss or damage incurred as a result of using the service or any content (or product) provided through it, even if we have been advised of the possibility of such damages.
16. Idemnification
At Fleurytale, we want to ensure that our community members have a positive and respectful experience. By agreeing to these Terms of Service, you understand and agree to indemnify, defend, and hold harmless Fleurytale and its 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, brought forth by any third-party due to or arising from your breach of these Terms of Service or any documents referenced herein, or your violation of any law or the rights of a third-party.
We take pride in fostering a safe and compliant environment, and your commitment to upholding these terms is essential to ensuring a positive community experience for everyone.
17. Severability
At Fleurytale, we are committed to providing you with a clear and enforceable set of terms and conditions. If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that specific provision shall still be enforceable to the fullest extent permitted by applicable law. Moreover, the unenforceable portion shall be considered severed from these Terms of Service, but such determination shall not impact the validity and enforceability of any other remaining provisions.
We strive to ensure that our terms are fair and legally compliant. In the event that any part of these Terms of Service is deemed unenforceable, the remaining provisions will continue to remain in full force and effect.
Your understanding and compliance with our terms are essential in creating a positive and mutually beneficial relationship between Fleurytale and our valued customers.
18. Termination
At Fleurytale, we want to ensure transparency and clarity regarding the termination of our agreement with you. The obligations and liabilities of both parties incurred prior to the termination date shall continue to apply and survive the termination of this agreement for all purposes.
These Terms of Service will remain in effect until either you or Fleurytale terminates the agreement. You have the right to terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or when you cease using our site.
In the event that, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or we suspect such failure, we reserve the right to terminate this agreement at any time without prior notice. You will be held responsible for all outstanding amounts up to and including the date of termination. Additionally, we may deny you access to our Services, or any part thereof, if deemed appropriate.
19. Entire Agreement
At Fleurytale, we want to ensure that our terms and conditions are clearly outlined and understood. Our failure to exercise or enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or related to the Service, constitute the entire agreement and understanding between you and Fleurytale. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. This includes, but is not limited to, any prior versions of the Terms of Service.
In order to foster a fair and transparent relationship, any ambiguities in the interpretation of these Terms of Service shall not be construed against either party involved in the drafting process.
20. 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 United States of America
21. Contact Information
If you have any questions or concerns regarding these Terms or any aspect of our services, please contact us at:
Email: [email protected]
Thank you for choosing Fleurytale. We are delighted to have you as part of our tale!
- Fleurytale