FEM THINGS TERMS OF SERVICE, USE AND PURCHASE
Welcome to Fem Things! This website located at www.shopfemthings.com (this "Site") is owned and operated by ShopFem Things LLC. (the "Company"). Fem Things provides website features and other products and services to you when you visit, allows you to shop or purchase items from this Site, use Fem Things services, access this Site from your mobile devices, or use software provided by Fem Things in connection with any of the foregoing (collectively, "Fem Things Services"). Fem Things provides its products and services subject to these Terms of Service.
By using Fem Things Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other Fem Things product or service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Fem Things. Fem Things may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Fem Things Services or enrollment as a Fem Things Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Fem Things Services and immediately cancel your Fem Things Membership by calling one of our customer service representatives at 617-213-0011 or emailing email@example.com. You must be at least 18 years old to use this Site or Services.
When you use any Fem Things Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Fem Things Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
FEM THINGS MEMBERSHIP CLUB
When making a purchase with Fem Things you have the option to also accept an additional free item offer at checkout. Upon acceptance of this additional item offer you will immediately become a member of our exclusive FemThings membership club! With this offer you will gain access to 50% off everything in our store and will receive a monthly $20 dollar gift card from us! As a thank you for joining we will delay your first Membership Billing for 14 days, but you will have full membership privileges from your original date of purchase.
After your first Membership Billing, we (or our third party payment processor) will begin billing your designated payment method monthly on a recurring basis for your Membership (plus any applicable taxes and other charges) for as long as your Membership continues, unless you cancel your Membership. Your membership may be cancelled at any time by emailing us at firstname.lastname@example.org, or by calling our support line at 617-213-0011 (M-F, 8am-5pm EST)
If you do not cancel your membership, your credit card will be charged an automatic monthly membership fee of $19.87 until you cancel. This purchase each month automatically gives you a $20 gift card that can be redeemed on Shopfemthings.com any time. You may cancel your Fem Things Membership at any time by calling one of our customer service representatives at 617-213-0011 or emailing email@example.com. You will always have access to unused electronic gift cards that are available to you during your membership. These electronic gift cards never expire and can be used at any time, even after your membership has been paused or ended.
You may cancel your Fem Things Membership at any time by calling one of our customer service representatives at 617-213-0011 or emailing firstname.lastname@example.org. Please be advised that your Account may only be canceled by the registered Fem Things Member or the holder of the valid credit card on file related to your Account.
Member accounts that have canceled billing for at least 3 months, but still have saved shopping carts, electronic access to un-used gift card codes or custom account modifications may be charged a refundable $1.87 per month fee to keep the account active and preserve access to all personal account preferences past our 3 month grace period.
If you would like us to remove all of your account information, including electronic access to un-used gift card codes, and refund the account maintenance fee, please just send us an email at email@example.com or call our customer service department at 617-213-0011.
As a Fem Things Member, you will be able to purchase Fem Things items including, but not limited to, apparel, shoes, handbags, denim, jewelry and other fashion items at exclusive member only discounted prices. As a Fem Things Member, every item on the Site will be available at 50% off when you are logged in. You will also receive a $20.00 electronic gift card code every month. Finally, you receive free shipping on all orders over $30.00. In order to bring you this fabulous pricing, we must charge a $4.95 shipping fee for all orders under $30.00, after applicable discounts. Exchanges are also free and returns are easy.
In addition, Fem Things will occasionally collaborate with partners to offer specialty items at exclusive members-only prices. As a Fem Things Member you will also have access to exclusive member-only sales and discounts, and special collections. Fem Things is always striving to create the best shopping experience for its Members so additional benefits and perks may be added.
MEMBERSHIP GIFT CARDS
Membership gift cards are not refundable or redeemable for cash. Membership gift cards can only be used toward purchasing Fem Things items on the Site or through Fem Things Services. Individual Fem Things gift cards may be not be redeemed in multiple transactions and are non-transferable. As a member, you will always have access to the current month’s electronic gift card code.
At any point, if you would like to receive unused gift card codes please call one of our customer service representatives at 617-213-0011 or email firstname.lastname@example.org and we will give them to you over the phone or by email.
All orders placed through any Fem Things Services are subject to Fem Things' acceptance. This means that Fem Things may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Fem Things will issue you a refund.
NO MEMBERSHIP FEES FOR THE FIRST 14 DAYS
Fem Things may, from time to time, to the extent legally permitted, offer no membership fees for the first 14 days of a Membership. The terms and conditions of such an offer will be communicated to you when you start your membership.
Once your period of no membership fees for the first 14 days of a Membership, we (or our third party payment processor) will begin billing your designated payment method on a recurring basis for your Membership (plus any applicable taxes and other charges) for as long as your Membership continues, unless you cancel your Membership.
You may cancel your Membership at any time by calling one of our customer service representatives at 617-213-0011 or emailing email@example.com. Please note that you may not receive a notice from us that your period of no membership fees for the first 14 days of a Membership has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate your membership at any time, without notice and in our sole discretion.
Use of the Fem Things Services, membership in the Fem Things Membership Program, any purchases made through the Fem Things Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Fem Things Services, your membership in or purchases through the Fem Things Services, Fem Things Membership Program and/or your Account, or products purchased through the Fem Things Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to Fem Things or the Fem Things Services must be commenced within one (1) year after the claim or cause of action arose.
Class Action Waiver
Both you and Fem Things waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Fem Things Services, your membership or purchases through the Fem Things Membership Program and/or your Account, or products purchased through the Fem Things Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver."
Agreement to Arbitrate Claims
Except to the limited extent noted below, use of the Fem Things Services, membership in the Fem Things Membership Program, any purchases made through the Fem Things Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Fem Things Services, your membership in or purchases through the Fem Things Membership Program, or products purchased through the Fem Things Services shall be resolved by final and binding arbitration between you and Fem Things.
Notice for California Users
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Fem Things shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following email address: Fem Things General Counsel: firstname.lastname@example.org. In your request, please specify that you want a "Your Fem Things California Privacy Rights Notice ". Please allow 30 days for a response.
This website is operated by Femthings. Throughout the site, the terms “we”, “us” and “our” refer to Femthings. Femthings offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall femthings, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless femthings and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the law.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com