Terms of service

Overview

Welcome to Fenpe! The terms "we," "us," and "our" refer to Fenpe. Fenpe 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"). Fenpe is powered by Shopify, which enables us to provide the Services to you.

The below 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 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. If you do not agree to these Terms of Service or 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 of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, 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 account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We make every effort to provide an accurate representation of our products in our online store. Please note that colors or product appearance may differ from how they appear on your screen due to your device settings.

We do not warrant that the appearance or quality of any products purchased will meet your expectations or match how they're depicted in our store. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person or region.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Fenpe reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we cancel or change an order, we will attempt to notify you using the email, billing address, or phone number provided at checkout.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own 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 will be the price in effect at the time your order is placed, as shown in your order confirmation email. Posted prices do not include taxes, shipping, handling, customs, or import charges unless otherwise stated.

You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update this information as needed. You represent and warrant that your payment information is true and complete, that you're authorized to use the payment method provided, and that you will pay all charges incurred at the posted prices, including shipping and applicable taxes.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 - Intellectual Property

Our Services, including all trademarks, text, displays, images, graphics, and the design and arrangement thereof, are owned by Fenpe, its affiliates, or licensors, and are protected by U.S. and applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, or create derivative works from any material on the Services without our prior written consent. Fennvale's name, logo, and slogans are trademarks of Fenpe. Shopify's name and logo are trademarks of Shopify.

Section 7 - Optional Tools

You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available," without warranties of any kind. Any use of optional third-party tools is at your own risk.

Section 8 - Third-Party Links

The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content of any third-party materials or sites. If you access third-party sites, you do so at your own risk, and any concerns should be directed to the third party.

Section 9 - Relationship with Shopify

Fenpe is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Fenpe. Shopify is not responsible for any aspect of sales between you and Fenpe including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims arising from your purchases and transactions with Fenpe.

Section 10 - Privacy Policy

All personal information we collect is subject to our Privacy Policy. Because our Services are hosted by Shopify, Shopify also collects and processes personal information about your access to and use of the Services. Information you submit may be shared with Shopify and third parties, potentially in other countries, in order to provide services to you. Please review our Privacy Policy for details.

Section 11 - Feedback

If you submit feedback, reviews, or suggestions to us, you grant Fenpe a perpetual, worldwide, royalty-free license to use, reproduce, and publish that feedback for any purpose, including commercial use. We have no obligation to keep feedback confidential, compensate you for it, or respond to it. You represent that any feedback you provide is your own and will not violate any third party's rights.

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions related to pricing, descriptions, or availability. We reserve the right to correct such errors and to change or cancel orders based on inaccurate information, even after an order has been submitted.

Section 13 - Prohibited Uses

You may use the Services for lawful purposes only. You agree not to use the Services to violate any law, infringe on intellectual property rights, harass or harm others, transmit false information, send spam, impersonate any person, upload malicious code, scrape or extract data using automated tools (including AI agents), or interfere with the security of our Services. We reserve the right to suspend or terminate your account at any time if we determine you've violated these Terms.

Section 14 - Agents

This section applies if you use or deploy any autonomous or semi-autonomous software ("Agent") to interact with our Services. Any Agent must clearly identify itself in its requests, must not conceal that it is automated, must respond truthfully when asked if it is human or automated, and must not attempt to bypass measures designed to control or restrict automated access. We may limit or block Agent access to our Services at our discretion.

Section 15 - Termination

We may terminate this agreement or your access to the Services at our discretion at any time without notice; you remain liable for all amounts due up to the date of termination. Provisions that by their nature should survive termination (such as Intellectual Property, Limitation of Liability, and Governing Law) will continue to apply.

Section 16 - Disclaimer of Warranties

Information on our Services is provided for general informational purposes only, "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that use of the Services will be uninterrupted, timely, or error-free.

Section 17 - Limitation of Liability

To the fullest extent permitted by law, Fenpe, its partners, officers, employees, and affiliates, as well as Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any product purchased through them, even if advised of the possibility of such damages.

Section 18 - Indemnification

You agree to indemnify and hold harmless Fenpe, Shopify, and their affiliates from any claims, damages, or liabilities, including reasonable attorneys' fees, arising from your breach of these Terms, violation of any law or third-party right, or use of the Services.

Section 19 - Severability

If any provision of these Terms is found unlawful or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder of the Terms will remain in full effect.

Section 20 - Waiver; Entire Agreement

Our failure to enforce any provision of these Terms does not waive our right to do so later. These Terms, along with any referenced policies, constitute the entire agreement between you and Fenpe regarding use of the Services.

Section 21 - Assignment

You may not transfer or assign this agreement without our prior written consent. We may transfer or assign these Terms without notice to you.

Section 22 - Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state in which Fenpe is based, without regard to conflict of law principles.

Section 23 - Headings

Headings used in this agreement are for convenience only and do not affect interpretation of these Terms.

Section 24 - Changes to Terms of Service

We reserve the right to update or change these Terms at any time by posting updates to our website. Your continued use of the Services after changes are posted constitutes acceptance of those changes.