Last Updated: March 1, 2023
Fergalicious® (“us”, “we”, or “our”) operates the website thefergalicious.com (the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms & Conditions of Use (“Terms”).
Please read these Terms carefully, as they govern your use of our Site. These Terms were last updated on the date shown above. We may change these Terms at any time for any reason. If we do so, we will post an updated version Terms on this page. It is your responsibility to review these Terms periodically for any changes. Your continued use of our Site following the posting of changes to these Terms will signify your acceptance of those changes.
SECTION 1 – TERMS OF USE
By agreeing to these Terms, you represent that you are 18 years of age or older, or that you have full legal capacity to enter into these Terms. This Site is intended for use only by those who can access it from within the Canada and United States. We make no claims that the Site or its content is valid, legal, or safe for use outside Canada and United States. Access to the Site from territories where its contents are illegal is prohibited.
Prohibited Uses of Site. The Site may be used only for lawful purposes and in accordance with these Terms. You agree not to use the Site for any unlawful purpose or any purpose prohibited under this clause. We reserve the right to terminate your use of the Site if your use violates any of these Terms.
Intellectual Property Rights. The content on the Site, except all User Submissions (defined below), including without limitation, text, software, source code, pages, documents, online graphics, audio and video in any format, is owned by or licensed to us and subject to copyright and other intellectual property rights under the law. Content provided to you via the Site may be downloaded or printed for your personal, lawful, non-commercial use only, provided you do not remove any trademark, copyright, or other notice contained on the materials. You may not otherwise copy, reproduce, distribute, republish, download, post, display, transmit, commercially exploit, create derivative works of, or otherwise use any materials appearing on or emanating from the Site in any way without our express written permission.
User Content Submissions. You retain the copyright on any Original Content you submit, post or display on or through the Site by you (“User Submissions”). You grant us a non-exclusive license to copy, distribute and display your User Submissions for the purpose of operating and improving the Site or promoting your User Submissions within the Site’s ecosystem.
By posting or submitting User Submissions on the Site, you represent and warrant that you own the copyright with respect to such User Submissions and have the right to grant the licenses set forth above. You also represent and warrant that your User Submissions do not infringe on the copyright, trademark, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity. You are solely responsible for your User Submissions and the consequences of posting or publishing them.
We have the right to remove any User Submissions you post on or through the Site if we believe that they violate these Terms or if they are not in keeping with the Site’s standards. After we remove any User Submissions, we will attempt to notify you and explain why we have removed them, though such notice is not required. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
SECTION 2 – GENERAL CONDITIONS
User Registration. You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Products. We make every effort to display as accurately as possible product images, descriptions, pricing, and other information on the Site. However, we do not guarantee the accuracy or reliability of any Site content. Certain weights, measures, and similar descriptions are approximate. We also reserve the right to use alternative fabrics and materials if necessary so long as they maintain the overall style represented.
Pricing. All prices posted on the Site are subject to change without notice. Price changes will not affect any order that is already in progress. Posted prices do not include taxes and shipping charges, which will be added to your total at checkout. We reserve the right to limit order quantities.
Promotions. Promotions and coupons offered on the Site are limited time only and valid while supplies last. Coupon codes must be entered at checkout as indicated. Only one coupon or offer may be applied per order.
Shipping Policy. We ship to addresses within Canada and the United States. When you place an order, we will estimate product shipping dates and delivery times to the shipping address. Dates are estimates and are not guaranteed. We are not liable for any delays in shipments.
Returns & Exchanges. All purchases can be returned for any reason within 30 days of delivery for a full refund of the product price. Customers are responsible for all return shipping costs unless the return is a result of our error. Exchanges are only available for products that are defective, damaged, or incorrectly shipped. Customized products cannot be returned or exchanged.
Cancellations. Orders cancelled before shipping will receive a full refund to the payment method used for checkout. Orders cancelled after shipping has occurred must follow the Returns & Exchanges policy stated above.
Termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use or access the Site at any time and for any or no reason, including for violation of these Terms. We are not liable to you or any third party for any damages arising from such termination.
Indemnification. By using the Site, you agree to indemnify, defend and hold us and our partners harmless from any liability, loss, claim and expense (including reasonable attorney’s fees) arising from your violation of these Terms or use of the Site.
SECTION 3 – DISCLAIMERS & LIMITATIONS OF LIABILITY
No Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE, OPERATION, AVAILABILITY, OR PERFORMANCE OF THE SITE, CONTENT, PRODUCTS, OR SERVICES ON THE SITE. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR OWN RISK.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE, CONTENT, PRODUCTS, OR SERVICES ON THE SITE.
OUR MAXIMUM LIABILITY ARISING FROM YOUR USE OF THE SITE WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR PRODUCTS PURCHASED VIA THE SITE IN THE PAST SIX MONTHS.
Disclaimer Against Third Parties. We assume no liability for any third-party websites, content, products, advertisements, or other materials that may be linked or accessible from the Site. We do not endorse, sponsor, or adopt third-party content and are not affiliated with such third-parties. Your use of third-party websites and content is entirely at your own risk.
Time Limitations. You agree that any claim relating to the Site or its content must be brought within 1 year after the incident giving rise to the claim, or you waive your right to bring any claims based on such an incident. Claims brought after 1 year are null and void.
SECTION 4 – GENERAL PROVISIONS
Governing Law. These Terms and any dispute or claim relating to the Site are governed by the laws of British Columbia and the federal laws of Canada applicable therein, excluding any conflicts of laws principles. The UN Convention on Contracts for the International Sale of Goods will not apply.
Arbitration & Class Action Waiver. Any dispute or claim (excluding claims for injunctive relief) relating to your use of the Site or these Terms will be submitted to confidential arbitration in British Columbia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek relief in any court of competent jurisdiction. You agree not to commence or prosecute any action, arbitration, or other proceeding based on a dispute or claim to which this subsection applies other than in accordance with its terms.
You also agree that any arbitration will take place on an individual basis only. You agree that no dispute or claim may be joined with another dispute or claim or resolved on behalf of a class of individuals, whether through arbitration or court proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. This Class Action Waiver prevents you from bringing or being a party to a class action, collective action, private attorney general action, or any other representative action in court or in arbitration based on your claims under these Terms.
Severability & Non-Waiver. Should any provision of these Terms be invalid, illegal, or unenforceable, that provision will be deemed restated to achieve as nearly as possible the same effect as the original term and the remainder of these Terms will remain in full force. Our failure to exercise any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment. You may not assign or transfer any of your rights under these Terms without our written consent. We may freely assign these Terms without notice to you.
Entire Agreement. These Terms constitute the entire agreement between you and Fergalicious® with respect to the Site and its content and supersede all prior agreements.
Contact Us. If you have any questions about the Site or these Terms, please contact us at:
Fergalicious®
123 Shoe Street
Los Angeles, CA 90001
[email protected]
Additional Disclosures
A. Product Representations
By offering products for sale on the Site, we make no warranties or representations regarding any products or your purchase of any products, and make no representations regarding the safety, effectiveness, adequacy, accuracy, availability, prices, shipping costs, handling, packaging, recommendations, warranties, or endorsements of any of the products.
Before purchasing and/or using any products sold on the Site, you should perform your own due diligence and investigate whether any claims made regarding particular products are scientifically supported, and determine whether any products are appropriate for your intended use. You assume full risk with respect to your use of any products.
B. Accuracy of Information
We attempt to ensure information on the Site is complete, accurate, and current; however, we do not warrant the accuracy or completeness of any information. We will promptly correct any incomplete or inaccurate information on the Site once we become aware this is the case.
C. Reviews and Testimonials
The Site may feature links to, quotes from, and testimonials about products from users and other third parties. We do not warrant or verify any claims made in these testimonials, quotes, or links regarding products featured on the Site. The content contained in user testimonials, quotes, and links expresses the individual views, results, and experiences only. Your results and experiences may be different.
D. Affiliate Links
The Site may contain links to affiliate websites. If you purchase a product through an affiliate link, your price remains the same but we receive a small commission. These funds help support the business so we can continue providing you free content on a regular basis.
E. Sponsored Posts
The Site may feature sponsored blog posts, articles, or other content that has been paid for or otherwise compensated by another company, brand, or individual. This content is clearly labeled at the top or bottom of the post as sponsored. While we only work with brands we feel will benefit our readers, the content is influenced by our advertisers and may be biased as a result. You should evaluate sponsored content critically and carefully.
F. Cookies
The Site may use cookies to operate, track usage, and improve your experience. You have the option to decline cookies at any time by adjusting your browser settings. Declining cookies may affect your ability to access or use some features of the Site.
G. Email Communication
By providing us with your email address, you consent to receiving periodic promotional emails from us related to the Site. We may also send you emails related to any account you register on the Site. You may opt-out of promotional emails at any time by clicking “unsubscribe” on any promotional email or updating your email preferences in your account settings. Opting out does not affect transactional emails related to orders and purchases.
H. Third-Party Goods & Services
We may promote, advertise, or link to third-party goods or services we feel may interest you. We are not responsible for any third-party content or access to third-party sites and services. Your access and use of third-party goods, services, and sites is at your own risk.
I. Limitations for EU Customers
For individuals residing in European Union countries, the following limitations apply in lieu of some sections above:
- We will only provide your data to third parties with your explicit consent for each category of use. You have the right to revoke this consent at any time.
- If you request account deletion, we will delete your account data within 30 days. We will not retain personal data longer than necessary to run the Site or as required by European Union member country laws.
- Residents of European Union member countries have certain legal rights to obtain confirmation of whether we retain information about them, to access personal data we hold, and to correct, amend, or delete that data if inaccurate. You may exercise these rights at any time by sending an email to us at [email protected].
- In the event of a dispute, you may refer it to arbitration as outlined above or to the relevant European Union dispute resolution body. European Union customers have the right to bring legal proceedings in court regarding any dispute about our services.
- We require consent for electronic communications and will provide easy opt-out in every communication.
Consent to Process Data
By using the Site, you agree to the collection and processing of your information under the terms stated in our Privacy Policy, including the transfer of data globally.
Please read our Privacy Policy to understand how we collect, use, and store your personal data.
