Legal notice

TERMS OF SERVICE

OVERVIEW

Welcome to the Feniel seller! The terms “we”, “us” and “our” refer to [seller]. Feniel operates this store and website, including all related information, content, features, tools, products and services (“Services”), in order to provide you, the customer, with a carefully curated shopping experience. Feniel is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached 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, access or browse our online stores, or purchase any product or service we offer, you may be asked 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 in our stores is accurate, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every effort to ensure that our products and services are accurately represented in our online stores. However, please note that colors or product appearance may look different on your screen depending on the type of device you use to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of any product or service displayed or offered in our online stores will meet your expectations or be identical to what is shown.

All product descriptions may be changed at any time, at our sole discretion and without prior notice. We reserve the right to discontinue any product at any time, and we may limit the quantities of products we offer, as applicable, to any person, geographic region or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Feniel reserves the right to accept or decline your order for any reason and at its sole discretion. Your order is not considered accepted until Feniel confirms its acceptance. For your order to be accepted, your payment must be received and processed by us. Please review your order carefully before submitting it, as Feniel may not be able to accommodate cancellation requests once an order has been accepted. If an order is not accepted, or is modified or cancelled, we will attempt to contact you using the email address, billing address and/or phone number you provided at the time of the order.

Products you purchase are subject to return or exchange only in accordance with our Refund Policy [LINK].

You represent and warrant that the products you purchase are for your 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 for a product or service is the price in effect on the date the order is placed, as stated in your order confirmation email. Unless expressly stated otherwise, advertised prices do not include taxes, shipping, handling, customs or import charges.

Prices published in our online stores may differ from prices offered in physical stores or in other online or third-party stores. From time to time, we may offer promotions through our Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. 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 accurate, complete and correct, (ii) you are authorized to use that credit card for the purchase, (iii) charges you incur will be honored by your credit card company, and (iv) you will pay all charges incurred at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by the carrier, customs procedures or events beyond our control. Title and risk of loss pass to you at the moment we deliver the products to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, graphics, images, product reviews, video and audio content, and their design, selection and arrangement, are owned by Feniel, its affiliates or its licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

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 of the materials on the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms shall be construed as granting you a license or any other right under any patent, trademark, copyright or other intellectual property rights of Feniel, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Feniel.

Feniel’s names, logos, product and service names, designs and slogans are trademarks of Feniel or its affiliates or licensors. You may not use such trademarks without Feniel’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 on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

As part of the Services, you may be given access to tools offered by third parties that we neither monitor, control nor direct.

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 on the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms of use of the tools provided by the relevant third-party provider(s).

In the future, we may also offer new features (including the release of new tools and resources) through the Services. Such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access. If you decide to leave our Services and access these materials or third-party websites, you do so at your own risk.

We are not liable for any harm or loss arising from your access to any third-party website, or from your purchase or use of any products, services, resources or content on such sites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO SELLER: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]

Feniel 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 Feniel. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Feniel, and bears no liability, including for any injury, damage or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or in connection with your purchases and transactions with Feniel.

SECTION 10 - PRIVACY POLICY

All personal information we collect 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 this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services may be transferred to and shared with Shopify and third parties, which may be located in countries other than your country of residence, so that the Services can be provided to you. For details on how your personal information is used by us, by Shopify and by our partners, please review our Privacy Policy [LINK].

SECTION 11 - FEEDBACK

If you submit, upload, share, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans 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 and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, develop, improve and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive you received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We have no obligation (1) to keep your Feedback confidential, (2) to pay any compensation for your Feedback, or (3) to respond to your Feedback.

At our sole discretion, we may monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service, but we have no obligation to do so.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus 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, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, the Services may contain information with typographical errors, inaccuracies or omissions relating 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, update or cancel information if any information is inaccurate, at any time and 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 access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state or local regulation, rule, law or ordinance; (c) to infringe or violate our Intellectual Property Rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure our employees or any other person; (e) to submit false or misleading information; (f) to submit, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or cause to be sent any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (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 or expose Feniel, Shopify or users of the Services to liability.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use the Services for spam, phishing, fake websites or deception; (e) use any robot, spider, scraper, data mining and extraction tools, automated device or process, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent or disable security or authorization features, robot exclusion headers or other measures we use to restrict access to the Services. If we determine that you have violated any part of these Terms, we reserve the right to suspend, disable or terminate your account at any time without prior notice.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, enable or cause the deployment of an Agent to access, use or interact with any of the Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity, and that can be operated using a person’s device or on their behalf without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we request that the Agent not access, use or interact with any service.

14.3 We may limit how and in what manner any Agent may access, use and interact with the Services, including through technical measures.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request comes from an Agent, and clearly declare the Agent’s name in the request’s user-agent string using the format “Agent/[agent name]”; (ii) not conceal or obscure the fact that any access, use or interaction comes from an Agent, for example by (a) imitating human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) answer accurately any question or request intended to determine whether interactions come from a human or a computer; and (iv) not circumvent or otherwise defeat any measure intended to block, limit, modify or control Agents’ access to, use of, or interaction with the Services.

SECTION 15 - TERMINATION

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

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

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any action you take based on this information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY [SELLER], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [SELLER], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INJURY, LOSS OR CLAIM OF ANY KIND, INCLUDING BUT NOT LIMITED TO 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 ANY OTHER LEGAL THEORY, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OR SERVICES PROCURED THROUGH THE SERVICES, OR ANY OTHER CLAIM IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, AND ANY LOSS OR DAMAGE THAT ARISES AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless [SELLER], Shopify and their affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim (including reasonable attorneys’ fees) payable to third parties arising from or in connection with (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification; however, delay in notice will not relieve you of your obligations unless you have been materially prejudiced. We may control the defense and settlement of such claims, including the choice of counsel, at your expense; however, we will not agree to any settlement that imposes a non-monetary obligation on you without your consent, which will not be unreasonably withheld. You agree to cooperate in the defense of claims subject to indemnification by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision set out in these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on the site or in respect of the Services constitute the entire agreement and understanding between you and us regarding your use of the Services, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written (including, but not limited to, 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 21 - ASSIGNMENT

You may not assign, transfer or delegate this agreement or any of your rights and obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may assign, delegate or transfer these Terms, and our rights and obligations, without notice to you or your consent.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements by which we provide the Services to you shall be governed by and construed in accordance with the laws of the jurisdiction (federal and state or regional courts) in which Feniel is headquartered. You and Feniel consent to the jurisdiction of, and agree that venue shall lie in, those courts.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right 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. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to hello@feniel.com.

Our contact information is below:

Feniel LLC
hello@feniel.com
Office 180, 254 Chapman Rd, Suite 101-B, Newark, DE 19702, USA
EIN: 36-51800377