Terms of service

FAKOMI — TERMS OF SERVICE

OVERVIEW

Welcome to FAKOMI!

The terms “we,” “us,” and “our” refer to FAKOMI. FAKOMI 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”).

FAKOMI uses Shopify technology, which enables us to provide the Services.

The following terms and conditions, together with any policies referenced herein (these “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 warranties, 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 our 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 are at least 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, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide to our store 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 credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store.

However, please note that the colors or appearance of products may vary from how they appear on your screen depending on the device you use to access the store and its display settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or appear exactly as displayed or presented in our online store.

All product descriptions may be modified at any time without prior notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase.

FAKOMI reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be considered accepted until FAKOMI confirms its acceptance.

We must receive and process your payment before accepting your order.

Please review your order carefully before completing your purchase, as FAKOMI may not be able to accommodate cancellation requests after an order has been accepted or entered processing or fulfillment.

If we reject, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided at the time the order was placed.

Returns and refunds may only be requested in accordance with our Refund and Return Policy.

You represent and warrant that your purchase is intended for personal or household use and not for commercial resale or export.

SECTION 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 the order is placed and will be stated in the order confirmation sent to you by email.

Unless expressly stated otherwise, published prices do not include applicable taxes, duties, customs charges, or import fees.

Shipping charges, where applicable, will be clearly displayed during checkout. FAKOMI currently offers free standard shipping on eligible orders shipped within the United States, subject to our Shipping Policy.

Prices displayed in our online store may differ from prices offered through third-party stores or platforms.

From time to time, we may offer promotions through the Services that may affect pricing and may be 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 terms of the promotion will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you as necessary.

You represent and warrant that:

(a) the payment information you provide is true, accurate, and complete;

(b) you are duly authorized to use the payment method provided;

(d) you will pay all charges incurred by you at the prices displayed at the time of purchase, including any applicable taxes or other charges.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery times are estimates and are not guaranteed.

FAKOMI currently ships exclusively within the United States. Our current estimated delivery timeframe is 8–14 business days, subject to the terms of our Shipping Policy.

Delivery times may vary due to carrier operations, holidays, severe weather, high-volume periods, fulfillment delays, or other circumstances outside our reasonable control.

Customers are responsible for providing complete and accurate shipping information when placing an order.

For additional information regarding shipping, tracking, delays, incorrect addresses, damaged orders, or delivery issues, please refer to our Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by FAKOMI, its affiliates, or licensors and are protected by applicable United States and international copyright, trademark, patent, and other intellectual property laws.

These Terms permit you to use the Services solely for personal and non-commercial purposes.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to FAKOMI, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws.

All rights not expressly granted herein are reserved by FAKOMI.

FAKOMI's names, logos, product and service names, designs, and slogans are trademarks or intellectual property of FAKOMI or its affiliates or licensors, as applicable.

You may not use such marks without prior written permission.

Shopify's names, logos, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans appearing through the Services are the property of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without 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 website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms under which such tools are provided by the relevant third-party providers.

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 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 functionality embedded by third parties.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We will not be responsible for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through third-party websites.

Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

FAKOMI operates using Shopify technology, which enables us to provide the Services.

However, any sale or purchase made through our store is made directly between you and FAKOMI.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and FAKOMI, including any injury, damage, or loss resulting from products or services purchased through our store.

You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchase and transaction with FAKOMI.

SECTION 10 — PRIVACY POLICY

Personal information that we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's privacy practices and policies.

By using the Services, you acknowledge that you have read and understood our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information regarding your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and other third parties that may be located in countries other than the country in which you reside.

Please review our Privacy Policy for more information about how FAKOMI, Shopify, and our service providers and partners process personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit 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 for any purpose, including commercial purposes.

We may use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

(a) you own or otherwise have all necessary rights to your Feedback;

(b) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and

We have no obligation to:

(a) maintain Feedback in confidence;

(b) pay compensation for Feedback; or

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, or violates any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material or any computer virus or malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions 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 an order, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

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, provincial, or local law, regulation, rule, or ordinance;

(d) to harass, abuse, insult, harm, defame, intimidate, or discriminate against any person;

(e) to submit false or misleading information;

(f) to upload, download, transmit, use, or reuse material that does not comply with these Terms;

(g) to transmit unsolicited advertising or promotional material, including spam, chain letters, junk mail, or similar solicitation;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm FAKOMI, Shopify, or users of the Services or expose them to liability.

You further agree not to upload or transmit viruses or malicious code, reproduce or commercially exploit any part of the Services without authorization, collect or track personal information of others unlawfully, engage in phishing or similar activities, use unauthorized automated data collection tools, or interfere with security or access-control measures.

We reserve the right to suspend, disable, or terminate access to the Services where permitted if we determine that these Terms have been violated.

SECTION 14 — AGENTS

This section applies if you use, permit, enable, or cause the deployment of an automated or semi-automated software agent (“Agent”) to access, use, or interact with any Service.

An Agent means software or a service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of a person or entity and may operate without direct human supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with applicable requirements imposed by FAKOMI and Shopify.

We may restrict, including through technical measures, whether and how Agents access, use, or interact with the Services.

Agents must not conceal their automated nature, circumvent CAPTCHA or other measures designed to distinguish human from automated activity, provide false information regarding whether an interaction originates from a human or computer, or circumvent measures intended to restrict automated access.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our discretion where permitted by applicable law.

You remain responsible for all amounts due up to and including the date of termination.

The provisions of these Terms that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, Feedback, disclaimers, limitation of liability, indemnification, severability, governing law, privacy, and other provisions intended to survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk, subject to rights that cannot be excluded under applicable law.

UNLESS OTHERWISE EXPRESSLY STATED BY FAKOMI, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THIS MAY INCLUDE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT CERTAIN WARRANTY DISCLAIMERS. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAKOMI, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 — INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless FAKOMI, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising from:

(a) your breach of these Terms of Service or documents incorporated by reference;

(b) your violation of applicable law or the rights of a third party; or

We will provide reasonable notice of an indemnifiable claim where appropriate.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms of Service, and such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the Services.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent, and any unauthorized attempt to do so may be void.

We may transfer, assign, or delegate these Terms and our rights and obligations to the extent permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you Services will be governed and interpreted in accordance with the laws applicable to the jurisdiction in which FAKOMI is established, subject to any mandatory consumer protection rights or other laws that apply to you and cannot legally be excluded.

Nothing in these Terms is intended to deprive consumers of protections or rights granted to them under applicable mandatory law.

SECTION 23 — HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS OF SERVICE

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

We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services after changes become effective constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

FAKOMI
Email: support@fakomi.com

For additional information about orders, shipping, returns, refunds, or privacy, please refer to the corresponding policies available through our website.