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FOLIUM TERMS OF SERVICE
The Folium website (our “Website”) is operated by Folium LLC, a California limited liability company (“Folium” or “we” or “our”). These Terms of Service (this “Agreement” or “Terms”) state the terms and conditions under which you may use, access, or browse the Website and govern your use of the Website. By using the Website, you (“User” or “you” or “your”) agree to be bound by this Agreement, whether you are simply accessing or browsing the Website or purchasing products offered for sale on the Website (“Products”) as a registered user (“Member”). If you wish to use this Website, please read this Agreement carefully. If you object to anything in this Agreement, the Folium Privacy Policy, or any other policies referenced herein, you should discontinue use of the Website immediately.
ACCEPTANCE OF TERMS OF SERVICE AGREEMENT
Electronic Agreement / Modification
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your purchase of Products. By accessing the Website or ordering or purchasing Products, you consent to have this Agreement provided to you in electronic form, accept this Agreement, and agree to the terms, conditions, and notices contained or referenced herein. This Agreement includes the Folium Privacy Policy and any notices regarding the Website.
By accessing the Website you acknowledge and agree to these Terms.
Modification
Folium may modify this Agreement, the Privacy Policy, or any other policies referenced by this Agreement at its sole discretion from time to time. Modifications become effective upon posting to the Website. Your continued use of the Website after such posting constitutes acceptance of the updated Terms.
This Agreement was last updated on insert date.
PRIVACY POLICY
Please refer to our Privacy Policy, which is incorporated into this Agreement by reference.
ELIGIBILITY
You must be at least eighteen (18) years of age to purchase Products, register with, or otherwise use the Website. By using the Website, you represent and warrant that:
(a) you have the right, authority, and capacity to enter into this Agreement;
(b) all registration information submitted by you is truthful and accurate;
(c) you will maintain the accuracy of such information;
(d) you are 18 years of age or older; and
(e) your use of the Website does not violate any applicable law or regulation.
PRICING / FEES / PRODUCTS
All prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the United States. Prices for Products are subject to change without notice.
Some Products may be available exclusively online through the Website and may have limited quantities. Folium reserves the right to limit the sale of Products to any person, geographic region, or jurisdiction on a case-by-case basis. We may also limit the quantities of any Products offered, discontinue Products at any time, or refuse any Product order placed with us.
Folium may, in its sole discretion, limit or cancel orders placed by individuals using the same customer account, credit card, billing address, or shipping address. If changes or cancellations occur, Folium may attempt to notify you using the contact information provided at checkout.
We reserve the right to prohibit orders that appear to be placed by dealers, resellers, or distributors.
ECOMMERCE PLATFORM AND PAYMENT PROCESSOR
Our Website is hosted by Shopify, which provides the online e-commerce platform that allows us to sell Products to you. Your data is stored through Shopify’s data storage, databases, and application framework.
Folium utilizes Shopify Payments powered by Stripe and may offer alternative processors such as Klarna for installment payments. Folium is not responsible for such transactions. No sensitive payment information (such as credit card or bank account numbers) is stored on our servers. PCI Compliance rests with the payment processor.
Processing of payments is governed by the payment provider’s respective terms and privacy policies, in addition to ours. By ordering Products, you authorize your chosen payment method to be charged and agree to pay all fees associated with your purchase.
WEBSITE CONTENT
The information on this Website is provided for general reference only and does not constitute professional advice of any kind. Occasionally, the Website may contain typographical errors, inaccuracies, or omissions, including those related to product descriptions, pricing, or availability. Folium reserves the right to correct any errors and update information at any time without notice, including after an order has been submitted.
If you identify material on our Website that you believe is inaccurate or inappropriate, please contact us through our Contact Form.
ELECTRONIC COMMUNICATIONS
When you visit the Website, sign up for newsletters, or send emails to Folium, you are communicating electronically. You consent to receive communications from Folium electronically. All agreements, notices, and disclosures provided to you electronically satisfy legal requirements for written communication.
By registering with Folium, you consent to receive newsletters, promotional communications, product announcements, and updates.
You may unsubscribe by:
• Following the “unsubscribe” link in any Folium email; or
• Emailing us at info@foliumjewelry.com.
NO UNLAWFUL OR PROHIBITED USE
As a condition of using the Website, you agree not to use it for any unlawful or prohibited purpose. You may not use the Website in any manner that could damage, disable, or impair its function or interfere with another user’s experience.
You agree not to:
(a) modify or create derivative works based on Website content;
(b) remove any copyright or proprietary notices;
(c) transfer Website content to another person;
(d) reproduce the Website or content except as expressly permitted.
All rights not expressly granted herein are reserved by Folium.
TERMINATION OF USE
Folium may terminate or suspend your access to the Website at any time, with or without notice, for any reason, including breach of this Agreement. Suspected fraudulent, abusive, or illegal activity may also result in termination and may be referred to law enforcement.
Upon termination, your right to use the Website ceases immediately. Folium may delete your account and associated data. Folium will not be liable for any damages resulting from such termination.
INTELLECTUAL PROPERTY
Folium owns all proprietary rights in the Website and its content, including but not limited to images, designs, product descriptions, videos, logos, and text (“Content”). All Content is protected by U.S. and international copyright, trademark, and other intellectual property laws.
The trademarks “Folium,” “Folium Jewelry,” and associated logos are trademarks of Folium LLC. These marks may not be used without our written permission.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
Use of Folium’s trademarks in metatags, keywords, or hidden text is prohibited and constitutes trademark infringement. Unauthorized linking, framing, or in-line linking of the Website is also prohibited unless expressly permitted in writing by Folium.
LINKS TO THIRD-PARTY SITES
Folium may provide links to third-party websites. We do not control or endorse the content, products, or practices of such external sites and are not responsible for any damage or loss arising from their use.
WARRANTY LIMITATION
Except as expressly provided, the Website and Products are offered “as is” and “as available.” Folium disclaims all implied warranties, including merchantability, fitness for a particular purpose, accuracy, and reliability.
Some jurisdictions do not allow exclusion of certain warranties, so some limitations may not apply to you.
DISCLAIMER OF LIABILITY
Folium and its affiliated parties shall not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of the Website or Products. Your use of the Website is at your sole risk.
Folium’s total liability for any claim shall not exceed the amount you paid for the Products.
INDEMNIFICATION
You agree to indemnify and hold Folium and its affiliates harmless from any claims arising out of your use of the Website or violation of this Agreement.
FORCE MAJEURE
Folium shall not be liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, acts of government, labor disputes, power failures, pandemics, cyberattacks, and similar events.
CONSENT TO JURISDICTION, FORUM SELECTION & CHOICE OF LAW
This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles. You consent to the exclusive jurisdiction of state and federal courts located in California for resolution of any disputes.
PREVAILING PARTY
In any action to enforce this Agreement, the prevailing party is entitled to recover attorneys’ fees and costs.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Folium regarding your use of the Website and supersedes all prior agreements.
ASSIGNMENT
You may not assign rights under this Agreement. Folium may freely assign its rights and obligations.
RELATIONSHIP
Your use of the Website does not create any relationship other than that of buyer and seller.
SEVERABILITY
If any provision is found unenforceable, the remainder of the Agreement shall remain in effect.
WAIVER
Failure to enforce any provision does not constitute a waiver of that provision.
CAPTIONS
Headings are for convenience only and do not affect interpretation.
CONTACT US
For questions regarding this Agreement, please contact:
info@foliumjewelry.com
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