Terms of Service
Terms of Service
This website is operated by Fay New York. Throughout the site, the terms "we," "us," and "our" refer to Fay New York. Fay New York offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use," "TOS"), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the Website, including but not limited to browsers, vendors, customers, merchants, and content providers.
Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms of this Agreement, do not access the Website or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current offering will also be subject to these Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use at our sole discretion.
SECTION 1 - TERMS AND CONDITIONS OF ONLINE STORAGE
By agreeing to these Terms of Use, you represent that you are at least the age of majority in the state or province where you reside and that you have given us permission to allow your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including copyright laws) while using the Service.
You must not transmit any worms, viruses, or destructive code. Violation of any Terms will result in immediate termination of your access to our Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time for any reason.
You acknowledge that your content (other than credit card information) is transmitted unencrypted and (a) may involve transmission over various networks and (b) may require technical modifications to meet network or device requirements. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
Titles in this Agreement are for convenience only and do not limit your use of the Service.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this website is inaccurate, incomplete, or outdated. The material on this site is for general information purposes only and should not be relied upon as the sole basis for decisions without consulting more accurate or up-to-date sources. Use of material on this site is at your own risk.
This site may contain historical information that is not current and is provided for reference only. We reserve the right to change content at any time but are not obligated to update information on this site. You are responsible for staying informed of any changes.
SECTION 4 - CHANGES IN SERVICES AND PRICES
Prices of our products are subject to change at any time.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
Contract Formation
Product presentation in the online shop is not a legally binding offer but a non-binding catalog. By clicking the "Buy" button, you make an offer to purchase. An automated email confirmation follows immediately, which does not constitute acceptance of the contract.
Warranty
Statutory warranty rights apply.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be available only online and in limited quantities. Returns or exchanges are subject to our Return Policy.
We strive to represent product colors and images as accurately as possible but cannot guarantee exact color display on your device.
We reserve the right to restrict sales to certain persons, geographic areas, or jurisdictions. We may limit product quantities per customer or order at our discretion.
Descriptions, prices, and availability may change without notice. We reserve the right to discontinue any product at any time.
All products ship directly from our supplier in China. Customs duties, import taxes, or other fees are the customer's responsibility.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These limits may apply to orders placed from the same customer account, credit card, and/or billing or shipping address. If we change or cancel an order, we may try to notify you by contacting the email address and/or billing address/phone number you provided when placing the order. We also reserve the right to restrict or prohibit orders that we believe, at our sole discretion, are placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases you make from our shop. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control or authority.
You acknowledge and agree that these tools are provided "as is" and "as available," without any warranties, representations, or endorsements. We disclaim all liability related to your use of any optional third-party tools.
Use of these optional tools is at your own risk. Please make sure you understand and agree to the terms provided by the third-party providers before using these tools.
SECTION 8 - LINKS TO THIRD-PARTY PROVIDERS
Some content, products, or services available through our Service may include material from third parties.
Links to third-party websites may take you away from our site. We are not responsible for verifying or endorsing third-party content, products, or services. We assume no liability for any damages related to transactions or use of third-party websites.
Please review the policies of third-party providers carefully before engaging in any transactions. Complaints or questions about third-party products should be directed to the respective provider.
SECTION 9 - COMMENTS, FEEDBACK, AND OTHER USER SUBMISSIONS
If you send submissions (e.g., contest entries) or unsolicited creative ideas, suggestions, proposals, plans, or other materials at our request (collectively "Comments"), you agree that we may use, edit, publish, distribute, translate, and otherwise exploit these Comments in any medium, without restriction or compensation to you.
We have the right (but not the obligation) to monitor, edit, or remove any content that we consider unlawful, offensive, threatening, defamatory, pornographic, obscene, objectionable, or that violates intellectual property or these Terms.
You agree your Comments do not violate any third-party rights, including copyrights, trademarks, privacy, or personal rights. You also agree your Comments are free of defamatory or unlawful content and viruses or malware. You must not impersonate others or mislead us about the origin of your Comments. You are solely responsible for your Comments’ accuracy.
We are not responsible and disclaim liability for any Comments posted by you or others.
Any special customs clearance charges or import duties are not included in prices and are the customer's responsibility.
SECTION 10 - PERSONAL INFORMATION
Provision of personal information through the Store is subject to our Privacy Policy. Please review our Privacy Policy for details.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Our website or service may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, shipping costs, transit times, and availability. We reserve the right to correct such errors and to change or update information or cancel orders if needed, even after order submission, without prior notice.
We have no obligation to update or clarify any information unless required by law. Dates shown for updates or refreshes do not guarantee that information has been updated.
SECTION 12 - PROHIBITED USES
You may not use the Site or its content to:
(a) engage in unlawful activities;
(b) encourage unlawful activities by others;
(c) violate any international, federal, state, or local laws;
(d) infringe intellectual property rights;
(e) harass or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) provide false or misleading information;
(g) upload viruses or malicious code;
(h) collect or track personal information of others without consent;
(i) send spam, phishing, or similar attacks;
(j) use for obscene or immoral purposes;
(k) interfere with security features of the Service or related websites or the Internet.
We reserve the right to terminate your access if you violate any prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, timely, secure, or error-free use of our Service. We do not guarantee accuracy or reliability of results from use of the Service.
We may suspend or terminate the Service at any time without notice.
Your use of the Service is at your own risk. The Service and all products/services are provided "as is" and "as available," without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose.
We are not liable for damages arising from use or inability to use the Service or content, even if advised of possible damages. Some jurisdictions do not allow limitation of liability for incidental damages, so liability is limited to the extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless Fay New York and its affiliates, officers, agents, and employees from any claims, damages, or expenses, including reasonable attorneys’ fees, arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain fully effective. The invalid part will be severed without affecting the rest of the Terms.
SECTION 16 - TERMINATION
These Terms remain effective until terminated by you or us. You may terminate by notifying us that you no longer wish to use our services.
We may terminate or suspend your access at our sole discretion without notice if you breach these Terms. You remain liable for amounts due up to termination.
SECTION 17 - ENTIRE AGREEMENT
These Terms and any policies posted on this Site constitute the entire agreement between you and Fay New York and supersede all prior agreements.
Ambiguities will not be construed against the drafter.
SECTION 18 - GOVERNING LAW
These Terms are governed by the laws of the Netherlands.
SECTION 19 - CHANGES TO THE TERMS OF USE
We may update these Terms at any time by posting changes on our website. It is your responsibility to review them regularly. Continued use of the Website after changes means you accept those changes.