OVERVIEW
Welcome to Furallure! The terms “we,” “us,” and “our” refer to Furallure. Furallure operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Furallure is powered by Shopify, which enables us to deliver the Services to you. The following general terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights and address matters such as disclaimers and limitations of liability. By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services is not permitted. ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province in which you reside, and that you have given us consent to allow any minor dependents to use the Services on devices that you own, purchase, or manage. To use the Services, including visiting or browsing our webshops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information. You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person. ARTICLE 2 – OUR PRODUCTS. We strive to provide the most accurate possible descriptions of our products and services in our webshops. However, please note that the colors and appearance of the products may differ from how they appear on your screen. This may be due to the type of device you use to access the store, as well as the device’s settings and configuration. We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the display or description in our webshop. All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products offered per person, geographic region, or jurisdiction on a case-by-case basis. ARTICLE 3 – ORDERS. When you place an order, you are making an offer to purchase. Furallure reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until it has been confirmed by Furallure. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. Furallure may not be able to honor a request to cancel after your order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided during the ordering process. You may return or exchange purchases only in accordance with our Refund Policy. You represent and warrant that your purchases are for personal use or household use only and not for commercial resale or export. ARTICLE 4 – PRICES AND BILLING. Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed. This price will be shown in the order confirmation email you receive after placing your order. Unless expressly stated otherwise, all listed prices exclude taxes, shipping costs, handling fees, customs duties, and import charges. Prices displayed in our webshops may differ from prices in physical stores or in webshops or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In the event of any discrepancy between promotional terms and these Terms, the promotional terms shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) the charges incurred by you will be approved by your credit card company; and (iv) you will pay the charges incurred by you at the prices displayed, including shipping costs, handling fees, and all applicable taxes, where applicable. ARTICLE 5 – SHIPPING AND DELIVERY. We are not responsible for delays in shipping or delivery. All delivery times provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once the products have been handed over to the carrier, ownership and the risk of loss pass to you. ARTICLE 6 – INTELLECTUAL PROPERTY. Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio content, and the design, selection, and arrangement thereof, are owned by Furallure, its affiliates, or its licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries. These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of Furallure, Shopify, or any third party. Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by Furallure. The names, logos, product names, service names, design elements, and slogans of Furallure are trademarks of Furallure or its affiliates or licensors. You may not use such trademarks without the prior written permission of Furallure. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners. ARTICLE 7 – OPTIONAL TOOLS. We may provide you with access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or input into them. 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. Your use of optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third party or parties. We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service. ARTICLE 8 – THIRD-PARTY LINKS. The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites to which you may choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk. We are not liable for any harm or damages related to your visit to third-party websites, or for your purchase or use of products, services, resources, or content available on third-party websites. Please review the policies and practices of any third party carefully and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed directly to the relevant third party. ARTICLE 9 – RELATIONSHIP WITH SHOPIFY. [NOTE TO MERCHANTS: This article accurately describes Shopify’s relationship with your store and must not be removed or modified.] Furallure uses Shopify to provide the Services to you. However, all sales and purchases made in our store are conducted directly with Furallure. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspects between you and Furallure, including any injury, damage, or loss resulting from purchased products or services. You expressly release and hold Shopify and its affiliates harmless from any claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Furallure. ARTICLE 10 – PRIVACY POLICY. All personal information we collect through the Services is governed by our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services is transmitted to and shared with Shopify, as well as with third parties who may be located in countries different from where you reside, so that they can provide you with their services. Please review our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information. ARTICLE 11 – FEEDBACK. If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may exercise our rights under this license, for example, to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service. You also represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation now or in the future to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback. We may, at our sole discretion, review, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise unacceptable, or that violates a party’s intellectual property rights or these Terms, but we are not obligated to do so. You agree that your Feedback does not infringe the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your Feedback contains no defamatory, unlawful, offensive, or obscene material, and no computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate any person, or mislead us or any third party regarding the origin of your Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and accept no liability for Feedback posted by you or any third party. ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS. From time to time, the Services may provide information that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping fees, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information. We may also cancel orders if relevant information is inaccurate, at any time and without prior notice (even after you have placed an order). ARTICLE 13 – PROHIBITED USE. You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) to engage in illegal or harmful activities, (b) to violate any international, national, federal, or provincial laws, regulations, rules, or local ordinances, (c) to infringe on our intellectual property rights or those of others, (d) to harass, abuse, insult, harm, defame, demean, or intimidate our employees or any other person, (e) to transmit false or misleading information, (f) to knowingly transmit, receive, upload, download, use, or reuse material that does not comply with these Terms, (g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, or other similar methods, (h) to impersonate or attempt to impersonate any person or entity, or (i) to engage in any other activities that restrict or inhibit others’ use of the Services, or that, as determined by us, may be harmful to Furallure, Shopify, or users of the Services, or expose them to liability. Additionally, you agree not to (a) upload or transmit viruses or other types of harmful code that may in any way affect or disrupt the functionality or operation of the Services, (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services, (c) collect or track the personal information of others, (d) use spam, phishing, pharming, pretexting, spiders, crawlers, or scraping methods, or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any provisions of these Terms. ARTICLE 14 – TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination. The following sections shall also remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions which by their nature are intended to survive termination. ARTICLE 15 – DISCLAIMER OF WARRANTIES. The information provided about or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is entirely at your own risk. We disclaim all liability and responsibility arising from the reliance that you, other visitors to the Services, and other persons aware of its content may place on such information. UNLESS EXPRESSLY STATED BY Furallure, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN CERTAIN JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. ACCORDINGLY, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. ARTICLE 16 – LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, Furallure, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACTUAL PROVISIONS, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT THAT (OR A PRODUCT THAT) IS POSTED, SENT, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARTICLE 17 – INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Furallure, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any costs related to losses, damages, liabilities, or claims, including reasonable legal fees, that must be paid to a third party arising out of or resulting from (1) your breach of these Terms of Service or any documents incorporated by reference herein; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services. We will notify you in the event of a claim giving rise to indemnification, provided that failure to give timely notice does not relieve you of your obligations unless you are materially prejudiced as a result. We may manage the defense and settlement of such a claim at your expense, including the engagement of counsel, but we will not settle claims that impose non-monetary obligations on you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of claims giving rise to indemnification, including by providing relevant documents. ARTICLE 18 – SEVERABILITY. If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the provision shall nevertheless remain enforceable to the extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity or enforceability of the remaining provisions. ARTICLE 19 – WAIVER; ENTIRE AGREEMENT. Our failure to exercise or enforce any right or provision related to these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, along with any policies or business rules posted by us on this site or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter. ARTICLE 20 – ASSIGNMENT. You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice. ARTICLE 21 – GOVERNING LAW. These Terms of Service and all separate agreements under which we provide you with our Services are governed by and construed in accordance with the federal and state-specific or provincial courts in the jurisdiction where Furallure has its headquarters. You and Furallure agree to the jurisdiction and personal authority of such courts. ARTICLE 22 – HEADINGS. The headings used in this agreement are for convenience only and do not limit or affect these Terms in any way. ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE. You can view the most recent version of the Terms of Service on this page at any time. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your responsibility to regularly check our website for any changes. We will provide you with notice of material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. Your continued access to or use of the Services after changes to these Terms of Service have been made constitutes your acceptance of those changes.
