Terms of service

FREVERFRSH TERMS AND CONDITIONS

 

These terms and conditions (the “Terms”) apply to all visitors or users of this site. By using this site, you agree to be bound by the Terms, as modified or updated by us at any time.

 

ORDERING PRODUCTS

Products offered by FREVERFRSH are as they appear on our site at the time the customer executes his/her order based on the availability of those products. FREVERFRSH agrees to make every necessary effort to deliver all orders as soon as possible.

Every product available on sale via our site is described in good faith and as correctly as possible; but the photographs on the site are of no contractual value whatsoever. FREVERFRSH cannot accept any form of liability for whatsoever errors that may appear in the description of any product or photograph, including any variation in colours.

FREVERFRSH cannot be considered or held liable for products unavailable. FREVERFRSH reserves the right to limit the quantities of any products that it offers. Any description of products or product pricing is subject to change at any time without any notice, at our sole discretion. FREVERFRSH reserves the right to discontinue any product at any time.

 

PAYMENT TERMS

Purchases can be made online by applicable payment services on our site. The customer’s bank account will be debited as soon as the purchase is confirmed, and payment will not become effective until such a time as the customer’s bank has given its consent to FREVERFRSH. If the customer’s bank refuses payment, the order will then be refused automatically.

The customer agrees that he/she has the necessary authority to make payments by any of the payment methods applicable to our site, and that there are sufficient funds in the bank account connected to the credit card to cover all costs regarding the transaction; if the customer falls short of this condition, FREVERFRSH may refuse the order.

 

DELIVERY POLICY

When confirming an order, the customer can choose delivery to a particular address (whether home, work, or other).

If the customer opts for delivery to a particular address, FREVERFRSH will make every necessary effort to ensure that such order is dispatched to the specific address. If there is no one at the address, a message will be left on the specified address which can be used to ask for another delivery attempt, either to the same address or to any of the collection points.

Immediately you get your order, kindly ensure you check the product to confirm it has not been damaged. Any claim for any damaged product must be made with 48 hours. Ensure you contact us immediately to provide detailed information for any product damaged during delivery within that time. Send along a full description of the damages to the product while contacting us.

 

COPYRIGHT POLICY

Products sold by FREVERFRSH may be the subject of patents or legal protection. FREVERFRSH accepts no liability for the infringement of any rights.

The copyright in any material contained on, in, or available through the FREVERFRSH site including all information, data, text, sound, music, graphics, photos, and video messages, the selection and arrangement thereof, and all source code, software collections and other “Material “is owned by or licensed to FREVERFRSH. All rights are completely reserved. You may view, download or print extracts of the Material for solely your personal use, but you cannot otherwise copy, edit, publish, reproduce, display, distribute, transmit, store, commercially exploit in any form or use the Material without FREVERFRSH’s permission.

The rights of any third-party trademarks or copyrighted works on our site are reserved by the respective owners. No section of these Terms shall offer any ownership right of any Trademarks or Copyrights to you. Additionally, no section of these Terms shall be interpreted as conferring estoppel or otherwise, any license or right to use of any Trademark or Copyright without the clear written permission of FREVERFRSH. The abuse or misuse of any Trademark or Copyrighted works on our site, or any other content on our site, is prohibited and may expose you to some form of liability.

You are restricted from engaging in any of the following while accessing and/or using our site: (1) adopt, copy, display, use, or mirror any trade name, logo, trademark, proprietary information, or the design and layout of any webpage, unless as permitted in the Terms here or by FREVERFRSH; (2) access or tamper with non-public sections of our site, temper with computer systems, or the technical delivery system of any of our service providers, including the usage of any data compilation, data mining or data extraction method; (3) test the vulnerability of our site or server or breach or hack any authentication or security system; (4) cancel, corrupt, or modify any technological measure provided by FREVERFRSH or any of our service providers or any third party to safeguard our site; (5) access the site using any robot, scraper, spider, or any other mechanism other than via our site or API; or (6) alter, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to make the source code of any software that FREVERFRSH grants to you or any other area of our site. Additionally, you agree not to upload, email, post, or otherwise send any material with the intent to interrupt, restrict, thwart or subvert the functionality of any computer software attached to our site.

You agree not to alter, archive, copy, distribute, publish, reproduce, make derivative works based upon, license, offer to sell, sell, re-sell, publicly display, broadcast, publicly perform, transfer, or otherwise exploit our site or any section thereof, except as expressly allowed by these Terms or FREVERFRSH. 

If you believe or notice that any material on our site infringes on any copyright, which you control or own, kindly contact us immediately.

 

LIMITATION OF LIABILITY

FREVERFRSH doesn’t guarantee, represent or warrant that your use of our site will be error-free, uninterrupted, secure, or timely. You agree that at any time we may remove or cancel any product or service on the site for an indefinite time, without notice to you.

You agree that your use of, or inability to use, the site is at your own risk. Our site and all products and services delivered to you through the site are (except as expressly stated by FREVERFRSH) provided ‘as is’ and ‘as available’ for your use, without any form of representation, warranties or conditions, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a purpose, durability, title, and non-infringement.

In no case shall FREVERFRSH, our directors, officers, affiliates, employees, agents, suppliers, contractors, interns, service providers or licensors be liable for any kind of injury, loss, claim, or any direct, indirect, punitive, consequential, incidental, or special damages, including, with no limitation to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any related damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from your use our site or any products procured using our site, or for any other claim related in any way to your use of our site or any product, including, with no limitation to, any errors or omissions in any content, or any damage or loss incurred owing to the use of our site or any content or any product posted, transmitted, or otherwise made available through our site, even if advised of such possibility.

 

INDEMNIFICATION

You agree to defend, indemnify, and treat harmless FREVERFRSH and our directors, subsidiaries, affiliates, licensors, partners, officers, agents, interns, contractors, service providers, subcontractors, suppliers, and employees, harmless from any kind of claim or demand, such as reasonable attorneys’ fees, made by any third-party owing to your breach of these Terms or the documents incorporated by reference, or your breach of any law or the rights of a third-party.

  

ENTIRE AGREEMENT

These Terms, the Privacy Policy, and any other policies or operating rules posted by us on this site or regarding our site constitutes the entire agreement and understanding between you and us, as well as govern your use of the site, superseding any contemporaneous or previous agreements or communications, whether oral or written, between you and FREVERFRSH.

FREVERFRSH reserves the right, at its sole discretion, to update, change or replace any part of the Terms here by posting updates and changes to its site. It is your responsibility to check our site periodically for any such changes. Your continued usage of or access to our site following the posting of any changes to these Terms constitutes an acceptance of the changes.

SMS AGREEMENT

By consenting to FreverFrsh's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at freverfrsh@gmail.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Freverfrsh products or services, you agree that any controversy, claim, action, or dispute between you and Freverfrsh arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Freverfrsh’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in [Harris County, Texas , USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Texas, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Freverfrsh's products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to PO BOX 331572, Houston, TX 77233. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Freverfrsh. You are responsible for ensuring Freverfrsh’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Freverfrsh agree that you may bring or participate in Claims against Freverfrsh only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Freverfrsh agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.