Terms of service
OVERVIEW
Welcome to Furble! The terms ‘we’, ‘us’ and ‘our’ refer to Furble. Furble operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a personalised shopping experience (the ‘Services’).
The terms and conditions below, including all 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. They contain important information about your legal rights and cover topics such as 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 the Privacy Policy, you are not permitted to access or use our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, and you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or control.
To use the Services, including browsing or purchasing products or services we offer, we may ask you to provide certain information such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide 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 login credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.
ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate descriptions of our products and services in our store. However, please note that colours and the appearance of products may differ from how they appear on your screen. This depends on the device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our store.
All product descriptions may be changed at any time without prior notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities offered per person, geographic region, or jurisdiction.
ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Furble reserves the right to accept or reject your order at its discretion for any reason. Your order is only accepted once Furble has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Furble may not be able to honour a cancellation request after your order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided during the order process.
You may only return or exchange purchases in accordance with our refund policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
ARTICLE 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be reflected in your confirmation email. Unless expressly stated otherwise, prices exclude taxes, shipping, handling, customs duties, and import fees.
Prices displayed in our store may differ from prices in physical stores or in other online or offline stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are subject to terms separate from these Terms. If there is a discrepancy between the terms of a promotion and these Terms, the promotion terms will take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, 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 authorised to use the credit card for purchases; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including shipping, handling, and all applicable taxes if any.
ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we hand over the products to the carrier, ownership and the risk of loss are transferred to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Furble, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written permission.
Except as expressly stated in these Terms, nothing grants you a license or any rights under any patent, trademark, copyright, or other intellectual property rights of Furble or any third party. Unauthorised use of the Services may violate intellectual property laws. All rights not expressly granted in these Terms are reserved by Furble.
The names, logos, product names, service names, design elements, and slogans of Furble are trademarks of Furble or its affiliates or licensors. You may not use such trademarks without prior written permission from Furble. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services. We do not monitor, control, or influence these tools.
You acknowledge and agree that we provide access to such tools on an ‘as is’ and ‘as available’ basis, without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability 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 you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of materials or websites you choose to access.
If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk. We are not liable for any damage or negative consequences related to your visit to third-party websites or your purchase or use of products, services, resources, or content on third-party sites.
Please read the policies and practices of the third party carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
ARTICLE 9 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you confirm that you have read the Privacy Policy.
Because the Services are hosted externally, your personal information is collected and processed to deliver and improve the Services. Information you submit to the Services may be transmitted to and shared with partners, including parties located in countries other than your own, so they can provide you with services. Please read our Privacy Policy for more information on how we and our partners use your personal information.
ARTICLE 10 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as “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. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation now or in the future to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of intellectual property rights or these Terms of Service.
You agree that your Feedback does not infringe the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback does not contain defamatory, unlawful, abusive, or obscene material, nor any computer viruses or malware that could affect the operation of the Services or related websites. 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 Feedback. You are solely responsible for the Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information within or related to the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, 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 and without prior notice (including after you have placed an order).
ARTICLE 12 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate international, national, federal, or provincial regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or facilitate the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that we determine may harm us or users of the Services or expose them to liability.
You further agree not to: (a) upload or transmit any viruses or malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any of these Terms.
ARTICLE 13 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following articles shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all provisions which by their nature should survive termination.
ARTICLE 14 - DISCLAIMER OF WARRANTIES
The information provided on or through the services is offered solely for general informational purposes. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from reliance placed on such information by you, any other visitor to the services, or anyone informed of its content.
Unless expressly stated by us, the services and all products offered through the services are provided “as is” and “as available” for your use, without any representations, 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. We do not guarantee, represent, or warrant that your use of the services will be uninterrupted, timely, secure, or error-free. In some jurisdictions, limitations or exclusions of implied warranties are not allowed. These limitations may therefore not apply to you.
ARTICLE 15 - LIMITATION OF LIABILITY
To the extent permitted by law, in no event shall we, our partners, directors, officers, employees, affiliates, representatives, contractors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, 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 the services or any products procured through the services, or for any other claim related in any way to your use of the services or any product. This includes, but is 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 services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility.
ARTICLE 16 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless us and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from any costs arising from losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or referenced documents; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services.
We will notify you of any claim that is subject to indemnification, provided that failure to provide timely notice does not release you from your obligations except to the extent you are materially prejudiced. We may, at your expense, assume control of the defense and settlement of any such claim, including hiring counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You must cooperate in the defense of any indemnifiable claim, including providing relevant documents.
ARTICLE 17 - SEVERABILITY
If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms. Such a finding shall not affect the validity and enforceability of remaining provisions.
ARTICLE 18 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under these Terms does not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us, governing your use of the Services. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including previous versions of the Terms).
Any ambiguities in interpreting these Terms shall not be construed against the drafting party.
ARTICLE 19 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
ARTICLE 20 - GOVERNING LAW
These Terms and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction of our headquarters. You and we consent to the jurisdiction and venue of such courts.
ARTICLE 21 - HEADINGS
Headings used in this agreement are included for convenience only and shall not limit or affect these Terms in any way.
ARTICLE 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, at our sole discretion, to update, change, or replace any part of these Terms. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date stated in the notice. Your continued access to or use of the Services after any changes constitutes your acceptance of those changes.
ARTICLE 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at tryfurble@gmail.com.