Introduction
These Terms and Conditions (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the “Services“) made available by Figmint®.
Please read these Terms carefully before accessing or using our Services. By using or accessing the Services you agree to be bound by these Terms. If you do not agree to all the Terms, do not access or use the Services.
If you have any questions regarding these Terms, please contact us at:
Email: [email protected]
Phone: 410-592-0696
Use of Services
Figmint® provides an online store for purchasing cookware, kitchenware, and home goods. The Services allow you to browse and purchase Figmint® products, create and modify user accounts, write product reviews, participate in community discussions, and engage with other website features.
You must be at least 18 years of age, or the legal age of majority where you reside, to open an account or use the Services. Children under the age of 13 may not create an account. Children between 13 and 18 may only use the Services under the supervision of a parent or guardian.
Your account provides access to the Services. You are responsible for all activity that occurs under your account, including any unauthorized activity. You may not share your account credentials with any third party.
User Content
The Services allow you to submit, post, display, provide or otherwise make available content such as product reviews, discussion forum posts, photos, videos, commentary, and other materials (“User Content”).
You retain ownership of your User Content at all times. Figmint® does not claim any ownership of User Content. However, we require certain license rights described in the “License to Figmint®” section below to operate our Services.
You are solely responsible for your User Content. You represent and warrant that you (1) are the creator and owner of your User Content or have sufficient rights and authority to grant the licenses described below; (2) your User Content does not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any third party, and (3) you will not post, upload, display or otherwise make available any content that is libelous, defamatory, obscene, vulgar, pornographic, lewd, indecent or unlawful.
You understand that your User Content may be syndicated, redistributed, broadcast, searched, scraped or otherwise used by others and may appear in search engine results. Figmint® takes no responsibility for User Content made available by you on or through our Services.
License to Figmint®
By posting or submitting User Content on the Services, you grant Figmint® an unconditional, non-exclusive, worldwide, fully paid up, royalty-free, perpetual, irrevocable, transferable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform and display your User Content on the Services. This includes using your User Content for promotional and marketing purposes.
Note this license does not grant Figmint® any ownership rights in your User Content. The license is limited to the purpose of operating our Services.
Community Rules
You agree not to use the Services in any illegal or unauthorized manner or for any unlawful purpose. Specifically:
- You may not attempt to interfere with the proper functioning of our Services in any way, such as submitting malware, making a denial of service attack, overloading, spamming or mail-bombing our systems.
- You may not copy, modify, distribute, sell, lease, loan or otherwise make available any aspect of the Services. This includes creating unauthorized modified versions of our mobile app software.
- You may not harvest or otherwise collect personal information about others, including email addresses, phone numbers or other account data.
- You may not scrape, build databases or otherwise create permanent copies of other users’ content or information. This includes using bots or other automated methods to access the Services.
- You may not circumvent any access, copy or other security controls or restrictions of our Services.
- You may not attempt to gain unauthorized access to our Services or accounts, computer systems or networks.
- You may not probe, scan or test the vulnerability of our Services without proper authorization.
- You may not abuse referrals, promotions or coupons. For example, asking others to use your referral link solely for the rewards provided by such promotions is not allowed.
- You may not mislead others as to any affiliation with Figmint®. For example, improperly suggesting you are a Figmint® employee or that Figmint® endorses you.
- You may not interfere with the operation of our Services, such as negatively affecting site performance by placing an undue burden on our infrastructure. This includes excessive posting, submitting unimportant content, chain letters or pyramid schemes.
We have sole discretion to determine what constitutes violation of our rules. We reserve the right to terminate your access or suspend your membership if we believe you have violated these Community Rules.
Order Acceptance
When you place an order for a product available on our Services, we will send you an order confirmation by email with your order details and an order total. This constitutes our acceptance of your order.
Some situations may affect order completion, such as product availability issues or errors on our website. If we cannot fulfill your order for any reason, we will contact you at the email address provided.
Shipping & Delivery
We make efforts to process and ship orders promptly based on availability. However, actual shipping times may vary based on order volume, payment verification, address validity and other factors.
We will provide order tracking information if available, but such information may not reflect the most recent data. We are not liable for any delays in shipping.
Delivery may occur through a third-party shipping partner. You agree to provide proper delivery address and recipient information and delivery instructions, if applicable. We are not liable for any lost shipments when caused by omission of or provision of incorrect delivery details and instructions.
Risk of loss for the products passes to you when the items are delivered to and received by you or picked up by your carrier. You are responsible for notifying us promptly of any shipping damages or product defects.
If you return a shipped order, you will be refunded the cost of the product price only. We do not refund the original shipping costs unless the return is due to our error. Customers are responsible for all return shipping costs.
Product Information
We make efforts to accurately display product images, descriptions and pricing on our website. However, we do not guarantee the accuracy or completeness of such product information.
The images shown represent example products and may differ from the actual products you receive due to variation in product manufacturing, packaging and supply. Limited quantities and product sizes may be available.
Actual products may vary in color, components and features from what is shown on our website. We are not liable for any such product variances.
Prices & Payments
Product prices, availability and promotions may change at any time without notice. Prices do not include taxes and shipping costs. You are responsible for paying any applicable taxes and shipping costs.
We accept major credit cards through secure third-party payment processors. Your payment information is processed and stored by such processors and not within our systems. You agree to provide accurate, current payment information.
If we are unable to successfully charge your credit card or you reverse the charges, we reserve the right to cancel your order or suspend your account until payment is made successfully.
You confirm you are authorized to use the payment method provided. You are responsible for any fees or penalties associated with chargebacks and reversed payments.
Refunds & Returns
If you are not fully satisfied with your purchase, you may request a refund within 30 days of the order deliver date. Refunds are generally not provided for customized or special order items.
To request a refund, please contact Customer Service. You will be responsible for return shipping costs. Items must be returned in original condition with tags and labels intact. Refunds are generally issued within 7-10 business days after return receipt and inspection of the item(s).
Disclaimers
Your access and use of our Services is at your own discretion and sole risk. The Services and all content, products and materials on the Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind.
Figmint® DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT. No oral or written information provided by Figmint® or any of its employees, officers, directors, agents, affiliates and third party partners constitutes any representation or warranty.
Figmint® makes no guarantees regarding the access, availability, services, features, functionality, reliability, performance and security of the Services. Use of our Services may be subject to interruptions, delays, omissions, errors, outages and inaccuracies.
Figmint® is not liable for any harm resulting from (1) use, access or inability to access our Services; (2) unauthorized access to or alteration of data; (3) statements or conduct of any third party; (4) any content, including your User Content; and (5) any other matter relating to the Services.
Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIGMINT® WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES OR YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR ANY CONTENT, PRODUCTS OR MATERIALS ON THE SERVICES.
THIS INCLUDES LOST PROFITS, REVENUES, DATA AND BUSINESS OPPORTUNITIES, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST YOU BY THIRD PARTIES, EVEN IF FIGMINT® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
THE AGGREGATE LIABILITY OF FIGMINT® ARISING FROM OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF TEN DOLLARS ($10) OR THE AMOUNT YOU PAID TO FIGMINT® IN THE PAST SIX MONTHS. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
Indemnity
You agree to fully indemnify, defend and hold harmless Figmint® and its officers, directors, employees, agents, affiliates, partners and licensors from any claim, liability, damages, losses, costs, expenses arising from or related to (1) your breach or violation of these Terms; (2) your misuse of the Services; and (3) your violation of any rights of a third party.
Termination
Figmint® may block, restrict, disable, suspend or terminate your access to or use of our Services at any time and for any reason, including if we reasonably believe you have violated these Terms.
You may terminate your account and stop using our Services at any time by contacting Customer Service. Terminating your account removes your profile information, user content, order history and other data from our systems.
Sections discussing account termination, limitations of liability, disclaimer of warranties, indemnity and general provisions will survive any termination or expiration of these Terms for any reason.
Modifications
Figmint® reserves the right to modify these Terms from time to time. Updated versions will be posted on our website. Changes will not apply retroactively and will become effective no sooner than fourteen days after posting. However, changes addressing legal compliance, security, fraud or abuse will take effect immediately. Your continued use of our Services constitutes acceptance of the updated Terms. If you do not wish to accept the updated Terms, you must stop using our Services.
General Provisions
- California residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to [email protected]. You may also contact us by writing to Figmint®, 123 Main St, Anytown, CA 12345. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- These Terms contain the parties’ entire understanding and agreement regarding the subject matter herein, and supersede any and all prior discussions, agreements and understandings of any kind.
- The failure of Figmint® to exercise or enforce any right or provision in these Terms does not constitute a waiver of such right or provision. No waiver on the part of Figmint® shall be valid unless in writing and signed by an authorized representative.
- You may not assign or transfer these Terms or your rights and obligations to any third party without prior express written consent from Figmint®. Figmint® may assign these Terms.
- These Terms and your relationship with Figmint® shall be governed by the laws of the State of California without regard to conflict of law provisions. Any dispute related to these Terms will be resolved by binding arbitration in Anytown, CA under the rules of the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. You will be responsible for the arbitration fees incurred.
- If any provision of these Terms is found unenforceable, it and any related provisions will be interpreted to best accomplish the essential purpose of the unenforceable provision.
- The remedies provided in these Terms are cumulative and not exclusive. Figmint® reserves the right to seek any other remedies available at law and in equity for any potential breach by you.
- The section titles and summaries are for convenience only and have no legal or contractual effect.
Contact Us
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Phone: 410-592-0696
Acknowledgment
I acknowledge that I have read and fully understand the Figmint® Terms and Conditions and agree to be bound by them.
