Terms of service

GENERAL DESCRIPTION

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

These Terms and Conditions, together with any 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 cover areas such as disclaimers and limitations of liability.

By viewing, 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, you must not use our Services.


SECTION 1: ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us 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 our online stores, browsing them, or purchasing any product or service we offer, you may be required to provide certain information, such as your email address, billing address, payment method, and shipping address. 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 credentials and for all activity under your account. You may not transfer, sell, or assign your account to another person, nor grant any licenses associated with your account.


SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device used to access the store and its settings.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is displayed in our online stores.

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 quantities of products offered to any person, geographic region, or jurisdiction.


SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. Fridam reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Fridam confirms acceptance. We must receive and process your payment for your order to be accepted.

Please review your order carefully before submission, as Fridam 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 via the email address, billing address, or phone number provided at the time of purchase.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for personal or household use only and not for resale or commercial export.


SECTION 4: PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs clearance, or import charges.

Prices posted in our online stores may differ from prices offered in physical stores or online or other stores operated by third parties. From time to time, we may offer promotions for the Services that affect pricing and are governed by terms separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.

For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account information and other details, including your email address and 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 true, correct, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) your credit card company will honor the charges incurred; and
(iv) you will pay the charges incurred at the posted prices, including shipping, handling, and applicable taxes, if any.


SECTION 5: SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, title and risk pass to you.


SECTION 6: INTELLECTUAL PROPERTY

Our Services, including, without limitation, trademarks, branding, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Fridam, its affiliates, or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly stated herein, nothing in these Terms grants or shall be deemed to grant any license or other right to you in respect of any patent, trademark, copyright, or other intellectual property of Fridam, Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws. Fridam reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of Fridam are trademarks of Fridam or its affiliates or licensors. You must not use such trademarks without Fridam’s prior written consent. Shopify’s 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 in the Services are trademarks of their respective owners.


SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided access to third-party tools over which we have no monitoring, control, or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve of the terms under which such tools are provided by third-party providers.

We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.


SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to third-party websites (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

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

We are not responsible for any harm or damages related to your access to, or purchase or use of, products, services, resources, or content from third-party websites. Please review the policies and practices of any third parties carefully 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

[MERCHANT NOTE: This section accurately characterizes Shopify’s relationship with your store and must not be removed or modified.]

Fridam is powered by Shopify, which allows us to provide the Services. However, any sale or purchase made through our store is conducted directly with Fridam.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and Fridam, including any injuries, damages, or losses caused by products or services purchased.

You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or relating to your purchases and transactions with Fridam.


SECTION 10: PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here.

By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you.

For the purpose of providing services, information you submit to the Services may be transmitted to Shopify and to third parties located in countries where you do not reside.

For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].


SECTION 11: COMMENTS

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, the “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use.

For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to comply with our obligations and enforce our rights under these Terms of Service.

You further represent and warrant that:
(i) you own all rights necessary to the Comments;
(ii) you have disclosed any compensation or incentives received in connection with your submission of Comments; and
(iii) your Comments will comply with these Terms.

We have no obligation to:
(1) keep Comments confidential;
(2) pay compensation for Comments; or
(3) respond to Comments.

We may, but have no obligation to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You also agree that your Comments will not contain defamatory, unlawful, abusive, or obscene material, or 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 else, or otherwise mislead us or third parties as to the origin of any Comments.

You are solely responsible for any Comments you make and for their accuracy. We are not responsible for any Comments posted by you or by any third party.


SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions 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 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 international, federal, provincial, or state regulations, laws, or 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, or intimidate our employees or any person;
(e) to transmit false or misleading information;
(f) to upload or transmit material that does not comply with these Terms;
(g) to transmit or procure the sending of spam, chain letters, or any other similar content;
(h) to impersonate or attempt to impersonate any person or entity;
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Fridam, Shopify, or users of the Services or expose them to liability.

You also agree not to:

(a) upload or transmit viruses or any other type of malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) send spam, 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 without prior notice if we determine that you have violated any part of these Terms.


SECTION 14: TERMINATION

We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

 

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY Fridam, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. We do not warrant or represent that you will be able to use the Services without interruption, in a timely, secure, or error-free manner. In some jurisdictions, the exclusion or limitation of implied or other warranties is restricted or not allowed, so these disclaimers may not apply to you.

SECTION 16: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Fridam, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fridam, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, payable to any third party arising out of or resulting from: (1) your breach of these Terms of Service or of any documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services. We will notify you of any claim subject to indemnification, it being understood that failure to provide prompt notice will not relieve you of your obligations except to the extent you suffer material prejudice as a result. We may, at your expense, assume control of the defense and settlement of such claim, including the choice of counsel, provided that we will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably delayed or withheld). You will cooperate with us in the defense of indemnified claims, for example by providing relevant documents.

SECTION 18: SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19: WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted on this site or with respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20: ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment in violation of the foregoing shall be null and void. We may transfer, assign, or delegate these Terms, together with our rights and obligations hereunder, without your consent or notice to you.

SECTION 21: GOVERNING LAW

These Terms of Service and any separate agreements by which we provide you Services shall be governed by and construed in accordance with the laws and courts (federal and state or territorial, as applicable) of the jurisdiction to which Fridam belongs. You and Fridam hereby submit to the jurisdiction and venue of such courts.

SECTION 22: HEADINGS

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for periodically visiting our website to stay informed about changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect as of the date specified in the notice. Your continued access to or use of the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at fridamstore@gmail.com.