Termos de serviço

OVERVIEW

Welcome to FEMNEL. The terms “we”, “us” and “our” refer to FEMNEL. FEMNEL operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). FEMNEL is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters including 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 the 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 country, state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on a device that you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of our products, you may be required to provide certain information.

To purchase the products or services we offer, you may be required to provide information such as your email address, financial information, payment details and delivery information. You represent and warrant that all information you provide to our store is accurate, current and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the colours or appearance of products may differ from how they appear on your screen due to the device you use to access the store and your device settings.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or will be identical to those displayed or presented in our online store.

All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographical region or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. FEMNEL reserves the right to accept or reject your order for any reason at our sole discretion.

Your order will not be accepted until FEMNEL confirms its acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as FEMNEL may not be able to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for 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 for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email.

Unless expressly stated otherwise, displayed prices do not include applicable taxes, delivery charges, handling fees, customs duties or import charges.

Prices displayed in our online store may differ from prices offered in physical stores, other online stores or stores operated by third parties.

From time to time, we may offer promotions through the Services that may affect pricing and that are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, payment card numbers and expiry dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) the payment card information you provide is true, correct and complete; (ii) you are duly authorised to use the relevant payment card for the purchase; (iii) charges incurred by you will be honoured by your card provider; and (iv) you will pay all charges incurred at the advertised prices, including delivery and handling charges and all applicable taxes, where relevant.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery.

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, customs processing or events outside our reasonable control.

Where permitted by applicable law, title to and risk of loss of products may pass in accordance with the applicable delivery arrangements.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, branding, text, displays, images, graphics, product reviews, video and audio, together with their design, selection and arrangement, are owned by HERTIMA ECOM LIMITED, its affiliates or licensors and are protected by applicable copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services solely for your personal and non-commercial use.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except where expressly permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be interpreted as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property belonging to HERTIMA ECOM LIMITED, Shopify or any third party.

All rights not expressly granted under these Terms are reserved.

The FEMNEL name, logo, product and service names, designs and slogans are trademarks or other intellectual property of HERTIMA ECOM LIMITED, its affiliates or licensors, as applicable.

You must not use such intellectual property without our prior written permission.

The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor or control and over which we have no influence.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranties, representations or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future, including new tools and resources. Such new features shall also form part of the Services and be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any harm or damage relating to your access to any third-party website or your purchase or use of any products, services, resources or content available through third-party websites.

Please carefully review third-party policies and practices and ensure that you understand them before entering into any transaction.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

FEMNEL is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our store are made directly with HERTIMA ECOM LIMITED, trading as FEMNEL.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and HERTIMA ECOM LIMITED, including any injury, damage or loss resulting from the purchase of products or services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or relating to your purchase or transaction with FEMNEL.

SECTION 10 – PRIVACY POLICY

Personal information collected or processed through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's privacy practices.

By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve those Services.

Information you submit through the Services may be transmitted to and shared with Shopify and third parties, including parties located in countries other than your country of residence, in order to provide the Services to you.

Please review our Privacy Policy for further information about how we, Shopify and our partners process your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes, to the extent permitted by applicable law.

We may use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.

You represent and warrant that: (i) you own or otherwise have all necessary rights in your Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms.

To the extent permitted by law, we have no obligation to maintain your Feedback in confidence, pay compensation for your Feedback or respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates third-party intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive or obscene material, computer viruses or other malware that could affect the operation of the Services or any related website.

You must not use a false email address, impersonate another person or otherwise mislead us, Shopify or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you submit and for its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, delivery charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders where information is incorrect, at any time and without prior notice, including after an order has been submitted, subject to applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable local, national or international law, regulation or rule;

(c) to infringe our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, intimidate or otherwise harm any of our employees or any other person;

(e) to submit false or misleading information;

(f) to upload, download, use or reuse material that does not comply with these Terms;

(g) to transmit unsolicited advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm FEMNEL, Shopify or users of the Services or expose them to liability.

You also agree not to upload or transmit viruses or other malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; collect or track personal information belonging to others; engage in spam, phishing, pharming or pretexting; use robots, spiders, scraping tools, data extraction tools, automated processes or artificial intelligence tools to access the Services in violation of these Terms or applicable law; or interfere with or circumvent security, authorisation or access-control measures.

We reserve the right to suspend, disable or terminate your account where we reasonably determine that you have violated these Terms, subject to applicable law.

SECTION 14 – AGENTS

14.1

This section (“Agent Terms”) applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with any of the Services.

“Agent” means software or a service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, a person or entity and which may operate on behalf of or using a person's device without direct supervision.

14.2

No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with the requirements of Section 14.4 below.

No Agent may access, use or interact with the Services if we have instructed that Agent not to access, use or interact with any Service.

14.3

We may limit, including through technical measures, whether and how any Agent accesses, uses or interacts with the Services.

14.4

Agents must:

(i) identify themselves as agents in HTTP/HTTPS requests and disclose the name of the Agent as required by our technical requirements;

(ii) not conceal or obscure that access, use or interaction originates from an Agent, including by imitating human behaviour or circumventing CAPTCHA or similar measures;

(iii) respond truthfully to questions or notices intended to determine whether an interaction originates from a human or computer; and

(iv) not circumvent or otherwise avoid measures designed to block, limit, modify or control whether or how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any part of them, in accordance with these Terms and applicable law.

You will remain responsible for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, Feedback, warranty disclaimers, limitations of liability, indemnification, severability, waiver, entire agreement, assignment, governing law and privacy.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented on or through the Services is provided for general information purposes only.

We do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is at your own risk, subject to any rights that cannot lawfully be excluded.

Except where expressly stated by HERTIMA ECOM LIMITED and to the fullest extent permitted by applicable law, the Services and products offered through the Services are provided on an “as is” and “as available” basis without representations, warranties or conditions of any kind, whether express or implied.

Nothing in these Terms excludes or limits any warranty, condition, right or remedy that cannot legally be excluded or limited under applicable consumer law.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, HERTIMA ECOM LIMITED, FEMNEL, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, shall not be liable for losses or damages that may lawfully be excluded under applicable law arising from your use of the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including any liability that cannot be excluded or restricted under applicable consumer protection law.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless FEMNEL, HERTIMA ECOM LIMITED, Shopify and our respective affiliates, partners, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees payable to third parties, arising from:

(1) your breach of these Terms of Service or documents incorporated by reference;

(2) your violation of applicable law or the rights of a third party; or

(3) your unlawful access to or use of the Services.

We will notify you of any indemnifiable claim. A failure to provide immediate notice will not relieve you of your obligations except to the extent that you suffer material prejudice as a result.

You agree to reasonably cooperate in the defence of indemnifiable claims, including by providing relevant documentation.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in relation to the Services constitute the entire agreement and understanding between you and us concerning your use of the Services and supersede previous or contemporaneous agreements, communications and proposals, whether oral or written, relating to the same subject matter.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer, assign or delegate these Terms and our rights and obligations in accordance with applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and interpreted in accordance with the laws applicable to HERTIMA ECOM LIMITED and its operations in the United Kingdom, subject to any mandatory consumer protection laws that apply in the country where you reside.

Nothing in these Terms deprives consumers of any mandatory protections or rights available to them under applicable law.

SECTION 23 – HEADINGS

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website.

It is your responsibility to check our website periodically for any changes.

We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the relevant notice.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

femnelsuporte@gmail.com

Our contact details are:

Trading Name: FEMNEL
Legal Company Name: HERTIMA ECOM LIMITED
Company Registration Number: 16416091
Email: femnelsuporte@gmail.com
Business Address: 275 New North Road, 01, London N1 7AA, United Kingdom
Telephone: +44 37 0524 4622