fox&toad - Terms and Conditions
TERMS AND CONDITIONS
By visiting the FOX&TOAD website (“Site”), www.foxandtoad.com (“fox&toad”), you are accepting and consenting to be bound by the Terms of Use provided herein, as well as the Privacy Policy.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR RULES, PLEASE DO NOT USE THIS SITE. We reserve the right, in our discretion, to update or modify the Terms of Use at any time by posting such new terms on the Site. Such changes shall be effective immediately upon posting with the date of the most recent revisions appearing at the bottom of this page, so check back often. We encourage you to review these Terms of Use whenever you use the Site. Your continued use of the Site and/or Services will constitute your binding acceptance of this Agreement, as amended from time to time.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with “www.foxandtoad.com must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. “www.foxandtoad.com” retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be “www.foxandtoad.com” or may in some cases be a third party. Where a contract is made with a third party “www.foxandtoad.com” is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such change.
OUR CONTRACT
When you add an item to your shopping bag, you may either continue shopping or proceed to the checkout. If you are not logged in when proceeding to the checkout, you will be prompted to do so. Checkout involves 4 simple steps: Billing, Shipping, Payment and Order Confirmation.
When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
PAYMENT
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, there are shipping restrictions for a particular item, or we do not have the item in stock.
Items in your shopping bag are not reserved and may be purchased by other clients. You may choose to register your email address to the waiting list for notification of arrival of a selected piece.
RETURN AND EXCHANGE POLICY
If you are unhappy with an item that you have purchased from us online, you may return it for store credit or refund minus shipping within 7 days of receipt. We only accept returns for purchases made from our online shop. Jewelry purchased through any of our retailers must be returned to the store from which it was purchased and are subject to the retailer’s individual store policy.
We cannot accept returns on items purchased during sales or special promotions, custom orders or international orders.
Items must be returned with their original packaging and in perfect, unworn condition.
To return or exchange an item, please email us at returns@foxandtoad.com for a Return Authorization (RA) number. Items cannot be accepted for a return or repair without an RA number.
For your protection, please insure the package for the full purchase amount. FOX&TOAD is not responsible for items lost or damaged during transit.
Store credit and refunds are issued upon receipt of the item. Refunded credits or money does not include shipping costs.
REPAIR POLICY
We offer repairs due to user wear, production fault, lost earring mates, or any other alteration to a piece of FOX&TOAD. We stand behind the quality of our merchandise and are happy to provide repairs due to breakage or damage free of charge for one year from the date of purchase on our online store. After one year, repairs may incur a charge. Elective repairs, such as ring resizing or chain lengthening, or errors by the customer typically involve a charge. They are repaired at the owner’s expense plus the shipping charge.
For elective repairs there is a $25 service charge plus the cost of additional materials and shipping.
If an item needs to be repaired, please email us at repairs@foxandtoad.com for a return authorization number. Items cannot be accepted for a repair without an RA number. Please note that we are not responsible for your item until it is in our possession and that repairs typically require 1-2 weeks to complete.
PAYMENT
We use Shopify for purchase transactions, which currently accept payments by Visa, MasterCard, American Express or Paypal. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.
If the issuer of the credit/debit card rejects authorization of payment to FOX&TOAD, we will not be held liable for any delay or non-delivery.
SALES TAX
FOX&TOAD does not charge sales tax for orders delivered in the United States with the exception of deliveries in the state of Florida, in which applicable sales tax will be added to the order amount.
SHIPPING
Each piece is made to order so please allow 8 to 10 business days for your item (excluding shipping).
All orders ship either USPS, FedEx, or UPS. We require a physical address, as UPS does not ship to PO Boxes.
Expedited shipping is available. Please email for rates.
We do ship internationally, however, there are absolutely NO returns or exchanges on international shipments. Please email contact@foxandtoad.com to process international orders.
OWNERSHIP OF CONTENT
All content, design, information, text, images, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, audio and video files, scripts, links, interactive features and other material and files (collectively, “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of FOX&TOAD, or used under license or otherwise, and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied, published, broadcasted, distributed, reproduced or transmitted without our prior written consent.
You agree to comply with, and keep intact, any copyright notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site. You may not copy, use, download, modify, frame, publish, transmit, retransmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, cache, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any material obtained through the Site, including without limitation Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement, on the Site, by FOX&TOAD (and all other entities with an interest in the relevant intellectual property) in writing in each instance or under applicable law.
RESTRICTIONS ON USE
Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site.
You agree not to use the Site to provide information which is incomplete, false, inaccurate and not your own; engage in criminal activity or otherwise give rise to conduct that may violate the law or fail to comply with accepted internet protocol; attempt to interfere in any way with the Site or the Site’s security or to sue the Site’s service to gain unauthorized access to any other computer system.
THIRD PARTY WEBSITES
The Site may contain links to websites and resources on the Internet that are unrelated to us and which are owned and operated by third parties (“Third-Party Sites”). FOX&TOAD does not make any representations or warranties about any Third-Party Sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that FOX&TOAD sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses any Third-Party Sites. We are not responsible for the contents of or any products or services offered on any Third-Party Sites. You must make your own independent decisions regarding your interactions or communications with any other website. Material available on or through Third-Party Websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material.
SECURITY
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts, as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms, we may, in our sole discretion, declare you to be in breach of the Terms, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
DISCLAIMER AND LIMITATION OF LIABILITY
FOX&TOAD attempts to provide accurate and timely information. There may, however, be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site without notice.
Your use and browsing of, and any reliance by you upon this Site is at your own risk and you assume responsibility associated with the Site, provided “AS IS.” FOX&TOAD” disclaims all warranties, conditions, representations and endorsements of any kind, either expressed or implied, with regard to the information accessed including all content and material, functions and services provided on the Site, provided without warranty of any kind, including the warranties concerning availability, accuracy, completeness, usefulness of content and information, uninterrupted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose.
FOX&TOAD does not warrant that the Site, content, materials or services will be timely, secure, uninterrupted or error free, or that defects will be corrected. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you are solely responsible for any damage that may result.
In no event shall FOX&TOAD, its affiliates or any other respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action arising from or in any way related to the use of, or the inability to use, or the performance of the Site or the Content and materials or functionality on or accessed through the Site including, loss of revenue, or anticipated profits or lost business, data or sales or any other type of damage, tangible or intangible in nature. Some jurisdictions do not allow this limitation or exclusion so this may not apply to you.
INDEMNIFICATION/RELEASE
You hereby agree to indemnify, defend and hold harmless, FOX&TOAD, its affiliates, subsidiaries, and its and their respective officers, directors, employees and agents, from and against any and all claims actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
GENERAL PROVISIONS
Governing Law And Limitation Of Actions. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement or arising out of your use of the Site, to the jurisdiction of the federal and state courts located in Gainesville, Florida. No action arising out of this Agreement, regardless of form, may be brought by a user more than one (1) year after the cause of action has arisen.
MISCELLANEOUS
These Terms of Use and FOX&TOAD Privacy Policy set forth the entire agreement between the parties relating to the use of the Site. If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that this Agreement and all incorporated agreements may be automatically assigned by FOX&TOAD, in its sole discretion, to a third party in the event of a merger or acquisition.