Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Formyne. The terms “we,” “us,” and “our” refer to Formyne. Formyne operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Formyne is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence and that you have given your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information.

You represent and warrant that all information you provide through our store 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 credentials and for all activity that occurs 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 reasonable effort to display our products and services as accurately as possible in our online store.

However, please understand that the colors, appearance, fit, or presentation of products may differ from how they appear on your screen due to the device you use, display settings, lighting, photography, and other factors.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or appear exactly as shown in our online store.

Product sizing, compression level, fit, and appearance may vary depending on body shape, measurements, and personal preference.

All product descriptions are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of any products or services offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

Formyne reserves the right to accept or reject your order for any reason and at our sole discretion.

Your order is not considered accepted until Formyne confirms its acceptance.

We must receive and process your payment before an order is accepted.

Please carefully review your order before submitting it, as Formyne may not be able to accommodate cancellation or modification requests after an order has been accepted.

If we reject, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided at the time the order was placed.

Your purchases are subject to return or exchange exclusively in accordance with our Refund & Return Policy.

You represent and warrant that purchases made through our store are for personal or household use and not for commercial resale or export.

This follows the ordering structure contained in your existing Terms.

SECTION 4 - PRICING AND BILLING

Prices, discounts, and promotions are subject to change without prior notice.

The price charged for a product or service will be the price displayed at the time the order is placed and will appear in your order confirmation.

Unless expressly stated otherwise, displayed prices may not include taxes, shipping charges, handling charges, customs duties, import fees, or other applicable charges.

Prices displayed through our online store may differ from prices offered through physical retail locations or third-party online stores.

From time to time, we may offer promotions relating to the Services that affect pricing and are subject to terms and conditions separate from these Terms.

If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will apply to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You also agree to promptly update your account and other information, including your email address, payment details, and payment-card expiration dates, so that we can complete transactions and contact you when necessary.

You represent and warrant that:

  1. The payment information you provide is true, correct, and complete.
  2. You are duly authorized to use the payment method provided.
  3. Charges incurred by you will be accepted by your payment provider.
  4. You will pay all charges at the prices displayed at the time of purchase, including applicable shipping, handling, taxes, duties, and fees.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times provided through our store are estimates only unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, strikes, transportation disruptions, force majeure events, or circumstances outside our reasonable control.

Estimated shipping and delivery dates are not guaranteed.

Once products have been transferred to the applicable shipping carrier, responsibility for delivery may be subject to the carrier's terms and applicable consumer protection laws.

Where tracking information is available, customers are responsible for monitoring tracking updates and ensuring that the shipping address provided at checkout is complete and accurate.

Formyne is not responsible for delays or delivery issues resulting from incorrect, incomplete, or outdated shipping information supplied by the customer.

Your original template addresses shipping and delivery in Section 5.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, branding, text, visual elements, photographs, graphics, product reviews, videos, audio, designs, layouts, selection, and arrangement, are owned by Formyne, its affiliates, or licensors and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services solely for personal and non-commercial purposes.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly stated in these Terms, nothing contained herein grants or should be interpreted as granting you any license or other right under any patent, trademark, copyright, or other intellectual-property right belonging to Formyne, Shopify, or any third party.

Unauthorized use of the Services may constitute a violation of applicable copyright, trademark, and other intellectual-property laws.

All rights not expressly granted are reserved by Formyne.

The Formyne name, logo, product and service names, designs, and slogans are trademarks of Formyne or its affiliates or licensors.

You may not use such marks without our prior written permission.

The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access, as part of the Services, to customer tools offered by third parties that we do not monitor and over which we have no control or input.

You acknowledge and agree that access to such tools is provided “as is” and “as available”, without warranties, representations, conditions, or endorsements of any kind.

We will have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion.

You should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.

We may also offer new features, tools, services, or resources through the Services in the future.

Any such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, hyperlinks, services, or functionality provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, or practices of third-party websites or services that you choose to access.

If you leave our Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any harm, loss, or damages relating to your access to third-party websites or your purchase or use of any products, services, resources, or content available through third parties.

Please carefully review third-party policies and practices and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Formyne is powered by Shopify, which enables us to provide the Services.

However, all purchases and transactions made through our store are made directly with Formyne.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales transactions between you and Formyne, including any injury, loss, or damage resulting from products or services purchased through our store.

To the maximum extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions made with Formyne.

The Shopify relationship language comes from Section 9 of your uploaded Terms.

SECTION 10 - PRIVACY POLICY

All personal information that we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have reviewed the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve its services.

Information submitted through the Services may be transmitted to and shared with Shopify and other service providers that may be located in countries other than your country of residence.

Please review our Privacy Policy for additional information about how Formyne, Shopify, and our service providers collect, use, store, and process personal information.

SECTION 11 - FEEDBACK, REVIEWS, AND SUBMISSIONS

If you send, upload, post, email, transmit, or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans, photographs, videos, testimonials, or other content (collectively, “Feedback”), you grant us a worldwide, perpetual, sublicensable, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback in any media and for any lawful purpose, including commercial purposes.

For example, we may use Feedback to operate, provide, evaluate, improve, and promote the Services.

You represent and warrant that:

  1. You own or otherwise possess all necessary rights relating to your Feedback.
  2. You have disclosed any compensation, discount, free product, or incentive received in connection with your Feedback where required by law.
  3. Your Feedback complies with these Terms.

We are under no obligation to:

  1. Maintain Feedback in confidence.
  2. Pay compensation for Feedback.
  3. Respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, infringing, misleading, fraudulent, or otherwise objectionable, or that violates intellectual-property rights or these Terms.

Your Feedback must not violate any third-party rights, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

Your Feedback must not contain unlawful, abusive, defamatory, obscene, malicious, or fraudulent material, viruses, malware, or other harmful code that could affect the operation of the Services or related websites.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of your Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions.

These may relate to product descriptions, sizing, pricing, promotions, offers, shipping charges, transit times, product availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information relating to the Services is inaccurate at any time, without prior notice, including after you have submitted an order.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any local, provincial, state, federal, national, or international law, regulation, rule, or ordinance;

(c) to infringe our intellectual-property rights or the intellectual-property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, intimidate, discriminate against, or otherwise harm our employees, representatives, customers, or any other person;

(e) to transmit false, fraudulent, or misleading information;

(f) to knowingly upload, download, use, or reuse material that does not comply with these Terms;

(g) to transmit or facilitate unsolicited advertising or promotional material, including spam, chain messages, junk mail, or similar solicitations;

(h) to impersonate or attempt to impersonate another person, company, organization, or entity;

(i) to engage in conduct that restricts or prevents another person from using or enjoying the Services or that may harm Formyne, Shopify, our customers, or other users.

You also agree not to:

(a) upload or transmit viruses, malware, malicious code, or other harmful material;

(b) reproduce, duplicate, copy, sell, resell, scrape, or exploit any portion of the Services without authorization;

(c) collect or track the personal information of others without lawful authorization;

(d) engage in spam, phishing, pharming, pretexting, or similar activities;

(e) use robots, spiders, scraping tools, data-collection tools, artificial-intelligence agents, automated systems, or other manual or automated means to access or extract data from the Services where prohibited by us or applicable law;

(f) interfere with, bypass, circumvent, disable, or otherwise compromise security features, authentication systems, robot-exclusion headers, or other mechanisms used to restrict access to or control interaction with the Services.

We reserve the right to suspend, restrict, disable, or terminate your access or account if we reasonably determine that you have violated these Terms.

The prohibited-use provisions in your original Terms appear in Section 13.

SECTION 14 - AGENTS AND AUTOMATED SYSTEMS

14.1

This section applies if you use, allow, enable, or deploy an automated or semi-automated agent to access, use, or interact with any portion of the Services.

For purposes of these Terms, an “Agent” means software or a service that performs autonomous or semi-autonomous actions on behalf of a person or organization or according to their instructions.

14.2

No Agent may access, use, or interact with the Services unless it operates in compliance with the requirements set out in this Section.

An Agent may not access, use, or interact with the Services if we have requested that such Agent stop doing so.

14.3

We may limit, including through technical measures, whether and how Agents may access, use, or interact with the Services.

14.4

Agents must:

(i) identify themselves appropriately in HTTP/HTTPS requests where technically applicable;

(ii) not conceal or disguise the fact that access or interaction is being performed by an automated Agent;

(iii) respond truthfully to reasonable requests designed to determine whether an interaction is being performed by a human or an automated system; and

(iv) not bypass, defeat, or circumvent measures designed to block, restrict, modify, or control automated access.

SECTION 15 - TERMINATION

We may terminate this agreement or suspend or terminate your access to the Services, or any portion of them, where permitted by applicable law.

You will remain responsible for all amounts owed up to and including the effective date of termination.

The following provisions will survive termination where applicable:

  • Intellectual Property
  • Feedback and Submissions
  • Termination
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Severability
  • Waiver
  • Entire Agreement
  • Assignment
  • Governing Law
  • Privacy Policy
  • Any other provisions that by their nature should survive termination

SECTION 16 - DISCLAIMER OF WARRANTIES

Information made available through the Services is provided primarily for general informational purposes.

We do not warrant the accuracy, completeness, reliability, availability, or usefulness of all information made available through the Services.

Any reliance you place on such information is at your own discretion and risk.

To the maximum extent permitted by applicable law, unless Formyne expressly states otherwise, the Services and products offered through the Services are provided “as is” and “as available.”

We disclaim representations, warranties, and conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement, except where such warranties cannot lawfully be excluded.

We do not warrant that use of the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or consumer guarantees.

Accordingly, some of the exclusions described above may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Formyne, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and other representatives will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising from or relating to your use of the Services or products purchased through the Services.

This may include, where permitted by law, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, regardless of whether the claim is based on contract, tort, negligence, strict liability, or another legal theory.

This limitation applies to damages resulting from your use of the Services or products purchased through the Services and to claims arising from errors or omissions in content or losses resulting from the use of content or products made available through the Services.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

Your original Terms contain the warranty and liability provisions in Sections 16 and 17.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Formyne, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against losses, damages, liabilities, claims, and reasonable legal fees arising from or relating to:

  1. Your breach of these Terms of Service or documents incorporated by reference.
  2. Your violation of applicable law or the rights of another person.
  3. Your unlawful or unauthorized access to or use of the Services.

We will provide reasonable notice of a claim subject to indemnification where required.

Where legally permitted, we may participate in or control the defense and settlement of such claims.

You agree to reasonably cooperate in the defense of indemnified claims, including by providing relevant documents and information.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will nevertheless be enforceable to the maximum extent permitted by applicable law.

Any unenforceable portion will be deemed severed from these Terms.

Such determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us through the website constitute the entire agreement and understanding between you and Formyne regarding your use of the Services.

These Terms supersede prior or contemporaneous agreements, communications, and proposals relating to the Services, whether oral or written, including prior versions of these Terms.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

Any unauthorized attempted assignment may be void to the extent permitted by applicable law.

We may transfer, assign, or delegate these Terms and our rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of assets, service-provider arrangement, or other lawful business purpose, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services will be governed by and interpreted in accordance with the laws applicable to the jurisdiction in which Formyne has its principal place of business, except where mandatory consumer-protection law provides otherwise.

Any disputes will be subject to the jurisdiction of the courts having lawful authority over such disputes, except where applicable consumer law gives you the right to bring proceedings elsewhere.

Your existing Terms contain a governing-law provision tied to the jurisdiction where the business is based.

SECTION 23 - HEADINGS

Headings used in these Terms are included for convenience only.

They do not limit, modify, or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 - CHANGES TO THESE TERMS OF SERVICE

You may review the most current version of these Terms of Service on this page at any time.

We reserve the right, at our discretion and subject to applicable law, to update, change, or replace any part of these Terms by posting updates or revised Terms on our website.

You are responsible for reviewing our website periodically for changes.

Where required by applicable law, we will notify you of material changes to these Terms.

Changes will take effect on the date specified in the applicable notice or when otherwise permitted by law.

Your continued use of or access to the Services following the effective date of updated Terms constitutes acceptance of those updated Terms where permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Formyne

Email: valentingg1997@gmail.com

You may also contact us regarding questions about orders, returns, products, or these Terms using the contact information provided on our website.