TERMS & CONDITIONS

Last updated June 1, 2020
Frecious, Inc.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Frecious, Inc., concerning your access to and use of the www.frecious.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

USE OF THE FRECIOUS WEBSITE

Subject to the terms and conditions of this Agreement, Frecious hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of education and shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Frecious in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Frecious in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Frecious in advance. Frecious reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Frecious believes that customer conduct violates applicable law or is harmful to Frecious' interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, video clips, and software (collectively, “Content"), belongs exclusively to Frecious or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Frecious or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. FRECIOUS and other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Frecious, its suppliers or third parties. The use of any Frecious trademark or service mark without the express written consent of Frecious is strictly prohibited. You may not use any Frecious trademark or service mark in any way that is likely to cause confusion. You may not use Frecious' trademarks or service marks that in any way disparages or discredits Frecious.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Frecious is not responsible for the operation of or content located on or through any such site.

SITE SECURITY

Our e-commerce platform is powered by Shopify and uses SSL (Secure Socket Layer) technology for secure and up-to-the-minute encryption.

REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by Frecous, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENTS

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Frecious shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Frecious shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Frecious shall immediately issue a credit to your credit card account in the amount of the charge.

ORDERS AND SHIPPING

Orders placed before 11am PST on Tuesday will ship the same week. Orders placed after 11am PST on Tuesday will ship the following week. We will not ship to PO Boxes. Once your order has been fulfilled you will get an email notification that will include your trackable shipping number and estimated date of arrival.

All orders are shipped with temperature control materials but Frecious cannot guarantee the quality of products if they are delayed in shipping or left unattended or unpacked (especially in heat) for any period of time.

DISCOUNTS

Discount codes are good for redemption at time of sale only. Please make sure to press the apply button when entering the code. Codes can not be applied after sale is final.

CANCELLATIONS OR CHANGES

If you need to cancel or make a change to your order, please contact us via hello@frecious.com. Please provide your name, the order number, which items, and the reason for the change. Requests for cancellations or changes on orders that have not yet been processed will be completely canceled and refunded, and a new order will be placed as needed. We are not able to make any cancellation or changes once an order has already been processed and/ or shipped.

RETURNS

Given the perishable nature of our products, all sales are final and no refund will be issued.

REMEDIES

You agree that Frecious' remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Frecious shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Frecious may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of Frecious shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by Frecious of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

DISCLAIMER AND LIMITATION OF LIABILITY

This site, the products offered for sale on it and the transactions conducted through it are provided by Frecious on an "as is" basis. Frecious makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Frecious disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. Frecious does not warrant that the content will be uninterrupted or error-free.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

CONTACT US

We strive to ensure a positive experience on our Site. If we failed to meet this standard, please contact us at:

Frecious, Inc.
1675 S. State St. Suite B
Dover, DE 19901
United States
hello@frecious.com

COPYRIGHT

©2020, Frecious, Inc, All Rights Reserved.
All information contained on this site is property of Frecious unless otherwise noted. Any reproduction without express written consent of Frecious is prohibited.