Overview
Welcome to Foxy. The terms "we", "us" and "our" refer to Foxy. Foxy 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"). Foxy is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service describe your rights and responsibilities when you use the Services. Please read them 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, 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 state or province of residence. To use the Services 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 it. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our products
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device settings. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted. 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, geographic region or jurisdiction.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Foxy reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Foxy confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Foxy 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.
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. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that the payment information you provide is true and correct, that you are authorized to use the payment method, and that you will pay all charges incurred at the posted prices, including shipping and applicable taxes.
Section 5 - Shipping and delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Section 6 - Intellectual property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Foxy, its affiliates or licensors and are protected by U.S. 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. Foxy's names, logos, product and service names, designs, and slogans are trademarks of Foxy or its affiliates or licensors. You must not use such trademarks without prior written permission.
Section 7 - Optional tools
You may be provided with access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools on an "as is" and "as available" basis without warranties of any kind and without endorsement, and we have no liability arising from your use of optional third-party tools. Any use is entirely at your own risk and discretion.
Section 8 - Third-party links
The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we are not liable for any harm related to your access or use of them. Please review the third-party's policies carefully before you engage in any transaction.
Section 9 - Relationship with Shopify
Foxy 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 Foxy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Foxy, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Foxy.
Section 10 - Privacy
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
If you submit any ideas, suggestions, feedback, reviews, or other content (collectively, "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 your Feedback and that it will not violate the rights of any third party. You are solely responsible for any Feedback you make and its accuracy.
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, offers, shipping charges, transit times and 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, to infringe our or others' intellectual property, to harass or harm any person, to transmit false or misleading information, to transmit spam or malicious code, to collect others' personal information, or to interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Section 14 - Termination
We may terminate this agreement or your access to the Services at any time without notice in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, 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, and any reliance you place on it is strictly at your own risk. Except as expressly stated by Foxy, the Services and all products are provided on an "as is" and "as available" basis 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 Foxy, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, loss of data, or replacement costs, whether based in contract, tort, strict liability or otherwise, 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 Foxy, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' 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
If 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 law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.
Section 19 - Waiver and entire agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver. 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 delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights without consent or notice to you.
Section 21 - 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 laws and courts in the jurisdiction where Foxy is headquartered. You and Foxy consent to venue and personal jurisdiction in such courts.
Section 22 - Changes to 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, in our sole discretion, 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 any changes constitutes acceptance of those changes.
Section 23 - Contact information
Questions about the Terms of Service should be sent to us at hello@shiplox.net.
Our contact information is posted below:
Foxy
hello@shiplox.net
[Add your business address]
[Add your business phone number]