Terms of Use
Terms and Conditions
====================
Last updated: July 1, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the https://www.fenwic.co/ website (the
"Service") operated by Fenwic & Co ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
the Service.
Purchases
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If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
All credit memos for both consumers and resellers are to be utilized against payment of future purchases. Credit memos are not redeemable for a cash refund. Any unclaimed credits older than twelve (12) months will be void.
Customer is responsible for taxes, customs and duties.
Availability, Errors and Inaccuracies
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We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.
We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
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Any contests, sweepstakes or other promotions (collectively, "Promotions")
made available through the Service may be governed by rules that are separate
from these Terms & Conditions. If you participate in any Promotions,
please review the applicable rules as well as our Privacy Policy. If the rules
for a Promotion conflict with these Terms and Conditions, the Promotion rules
will apply.
Accounts
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When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
Intellectual Property
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The Service and its original content, features and functionality are and will
remain the exclusive property of Fenwick & Co. and its licensors. The Service
is protected by copyright, trademark, and other laws of both the United States
and foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent of
Fenwick & Co.
Links To Other Web Sites
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Our Service may contain links to third party web sites or services that are
not owned or controlled by Fenwick & Co.
Fenwick & Co. has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
You acknowledge and agree that Fenwick & Co. shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such third party web sites or
services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
Indemnification
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You agree to defend, indemnify and hold harmless Fenwick & Co. and its licensee
and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees), resulting from or arising out of a) your use and access of
the Service, by you or any person using your account and password, or b) a
breach of these Terms.
Limitation Of Liability
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In no event shall Fenwick & Co., nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without limitation, loss
of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service; (ii)
any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Disclaimer
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Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
Fenwick & Co. its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Exclusions
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Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
Governing Law
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These Terms shall be governed and construed in accordance with the laws of
California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
International Shipping
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Due to the nature of international customs we have limited control over delays that may occur in the processing of your delivery. Tracking information will be made available to you as soon your order has been processed through our system.
Approximate shipping times (does not include weekends/public holidays):
a) USA ~ Estimated 12 to 25 business days (tracking system available varies)
b) Canada, Australia ~ 12 to 30 business days (tracking system available varies)
Delayed delivery - in very rare instances, packages may take longer than the stated expected time frame. Unfortunately, we are unable to control shipping times and any unexpected delays that may occur en-route and we seek your understanding and patience should this occur. In such cases, we will ship out a new package if there is no tracking updates for more than 30-60 business days.
This may especially be true during the busier holiday seasons at the year's end (November to December months), during promotions or other instances.
Processing time vs. Shipping time
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Please note that processing time (typically 3-6 business days) is different from shipping time and should be added to the total delivery time. Orders generally take 3-6 business days to be fully processed (checked, packed, forwarded to logistics and sent forth to the post office).
After your order has been processed, your package will then be picked up by our shipping company for dispatch. An email of shipping fulfilment with your online tracking information where applicable will be available on our website.
Processing Time - in very rare instances, may take longer than the stated expected time frame. During busy time like holidays, promotions or other instances processing time might take longer. We do our best to deliver as fast as possible and seek your understanding and patience during such events.
Order Cancellation
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Once an order is placed, we will not be able to cancel it after 3 hours as your order might have already been processed. (within 3 hours does not guarantee cancellation as we may have already processed your order. If we wait for everyone to see if we receive an e-mail that would create a lot of work and time spent which would mean the price of our product would have to increase)
Please do drop us an email at fenwic.co@gmail.com as soon as possible if you'd like to cancel an order that you have just made.
Unclaimed Orders
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We are not responsible for any packages returned to us as refused, unclaimed, deliverable, or because of incorrect or insufficient address.
If you notice an incorrect or insufficient address when receiving the confirmation email, email us back as soon as possible at fenwic.co@gmail.com as a reply to your order confirmation email with the updated details.
Once we process the order we are not able to change the address and we are not to be held responsible for incorrect or insufficient address.
Customs / Duty Fees
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Please note: Customs fees are the responsibility of the customer. Please check with your local customs agency regarding fees. Also, kindly note that in rare occasions, customs agents may delay delivery of some packages.
Delivery In Separate Packages
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In some instances, an order may be split into different packages for any of the following reasons:
- Certain items may be on back order
- Weight restrictions for regular shipping imposed by the post office
- Different designers/warehouse location (we work from multiple warehouses to bring you the best selections at affordable prices)
Contact Us
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If you have any questions about these Terms, please contact us.
