Terms of service
OVERVIEW
Welcome to Freyen! The terms “we”, “us” and “our” refer to Freyen. Freyen operates this shop and this website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Freyen is built on Shopify, which enables us to provide the Services to you.
The terms and conditions set out below, together with the policies referred to herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to these Terms and Conditions and to our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you confirm that you are of legal age in the state or region in which you reside and that you have given us your consent to allow your minor dependents to use the Services on devices that belong to you, that you have purchased or that you manage.
In order to use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide in our shops is accurate, current and complete and that you are fully authorized to provide such information.
You alone are responsible for the security of the login details for your account and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online shops as accurately as possible. However, we point out that colours or the appearance of the products may differ from the colours displayed on your screen due to the device you use to access the shop and its settings and configuration.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions may be changed at any time and without notice at our sole discretion. We reserve the right to remove products from the range at any time and to limit, on a case-by-case basis, the quantities of products that we offer to any person, in any geographic region or within any jurisdiction.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. Freyen reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not deemed accepted until it has been confirmed by Freyen. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as Freyen may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you at the email address, billing address and/or phone number provided when the order was placed.
The return or exchange of your purchases is carried out exclusively in accordance with our Return and Refund Policy.
You represent and warrant that your purchases are intended for your personal use or use in your household and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and special offers may be changed without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be set out in the order confirmation you receive by email. Unless expressly stated otherwise, the stated prices do not include taxes, shipping, handling, customs or import duties.
The prices stated in our online shops may differ from prices in physical stores or in online shops or other stores operated by third parties. From time to time, we may offer promotions for the Services that affect pricing and that are subject to terms and conditions different from these Terms. In the event of any inconsistency between the terms of a promotion and these Terms and Conditions, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers and 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 truthful, accurate and complete, (ii) you are authorized to use that credit card for purchases, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our control. Once we hand over the products to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, depictions, images, graphics, product reviews, video and audio files, and the design, selection and arrangement thereof, are the property of Freyen, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services. Except as expressly provided herein, nothing in these Terms and Conditions grants you, nor may it be construed as granting you, a licence or other rights to any patents, trademarks, copyrights or other intellectual property of Freyen, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Freyen.
The names, logos, product and service names, designs and slogans of Freyen are trademarks of Freyen or its affiliates or licensors. You may not use these trademarks without the prior written consent of Freyen. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools offered by third-party providers as part of the Services, which we neither monitor nor control nor influence.
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 disclaim any liability arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and agreeing to the terms and conditions under which the tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites that are provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damage or loss caused by your access to third-party websites or by your purchase or use of products, services, resources or content on third-party websites. You should carefully review the policies and procedures of the third party and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP TO SHOPIFY
Freyen is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are concluded directly with Freyen. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Freyen, including injuries, damages or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and obligations arising out of or related to your purchases and transactions with Freyen.
SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy. In addition, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and with third-party providers, who may be located in countries other than the country in which you reside, in order to provide the Services to you. Further information on how we, Shopify and our partners use your personal data can be found in our Privacy Policy.
SECTION 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 licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, develop, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms and Conditions.
You further represent and warrant that: (i) you own all rights in the Feedback content or otherwise have full rights to it; (ii) you have disclosed any compensation or incentives you have received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are under no obligation to (1) keep your Feedback confidential, (2) pay compensation for your Feedback or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit or remove Feedback that we, in our sole discretion, deem unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms and Conditions.
You represent that your Feedback does not infringe any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive or obscene material and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. In the event of any inaccurate information, we reserve the right to correct errors, inaccuracies or omissions, to change or update information or to cancel orders at any time and without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Freyen, Shopify or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect 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 data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any part of these Terms and Conditions.
SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may, in our sole discretion, terminate this agreement or your access to the Services (or any part thereof) at any time without prior notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after termination of the contractual relationship: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 15 – WARRANTY DISCLAIMER
The information presented in 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 such information is strictly at your own risk. We disclaim all liability and responsibility arising