Terms of service
OVERVIEW
Welcome to FAYCE. The terms "we", "us" and "our" refer to FAYCE. FAYCE 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"). FAYCE is powered by Shopify, which enables us to provide the Services to you.
The below 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, as they include important information about your legal rights and cover areas 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 Privacy Policy, you should not use or access our 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 province or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, colours and product appearance may differ from how they appear on your screen due to your device settings and configuration.
All descriptions of products 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 we offer to any person or geographic region.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. FAYCE reserves the right to accept or decline your order at its discretion. Your order is not accepted until FAYCE confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless a trade account has been agreed with us in writing.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices are in Canadian dollars (CAD). Unless otherwise stated, posted prices do not include taxes or shipping.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account information so that we can complete your transactions and contact you as needed.
SECTION 5 — SUBSCRIPTIONS
If you choose Subscribe & Save, you authorise us to charge your payment method on a recurring basis at the interval selected until you cancel. You may skip, pause, or cancel at any time from your account, with changes taking effect on orders not yet processed. Full details are set out in our Subscription Policy.
SECTION 6 — SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. Full details are set out in our Shipping Policy.
SECTION 7 — INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by FAYCE, its affiliates or licensors and are protected by Canadian and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent.
FAYCE's name, logo, product names, designs, and slogans are trademarks of FAYCE. You must not use them without our prior written permission.
SECTION 8 — THIRD-PARTY LINKS AND TOOLS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to access these, you do so at your own risk.
Any third-party tools made available through the Services are provided "as is" without warranties of any kind. We shall have no liability arising from your use of optional third-party tools.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
FAYCE is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with FAYCE. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and FAYCE, including any injury, damage, or loss resulting from purchased products. You hereby release Shopify and its affiliates from all claims arising from your transactions with FAYCE.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
SECTION 11 — FEEDBACK AND REVIEWS
If you submit any ideas, suggestions, feedback, reviews, or other content ("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.
You represent that you own or have all necessary rights to all Feedback, that you have disclosed any compensation or incentives received in connection with it, and that it will comply with these Terms. We may, but have no obligation to, monitor, edit or remove Feedback we determine to be unlawful, offensive, misleading or otherwise objectionable.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose; to violate any laws or regulations; to infringe our intellectual property rights or those of others; to harass, abuse, or harm any person; to transmit false or misleading information; to send unsolicited advertising or spam; to impersonate any person or entity; or to engage in any conduct that restricts anyone's use of the Services.
You further agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, sell or exploit any portion of the Services; collect or track the personal information of others; or interfere with or circumvent the security features of the Services.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Assignment, and Governing Law.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY FAYCE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL FAYCE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless FAYCE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.
SECTION 18 — SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity of the remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements or communications.
SECTION 20 — ASSIGNMENT
You may not transfer or assign these Terms or any of your rights or obligations without our prior written consent. We may transfer or assign these Terms and our rights and obligations without consent or notice to you.
SECTION 21 — GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and FAYCE consent to venue and personal jurisdiction in the courts of the Province of Ontario.
SECTION 22 — CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.
SECTION 23 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at info@fayceskin.com.
FAYCE
info@fayceskin.com
647-472-2757