Terms of service
OVERVIEW
This website is operated by EFENA SARL. Throughout the site, the terms “we”, “us”, and “our” refer to EFENA Sàrl-S. We offer 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 site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing any part of the site, you agree to be bound by these Terms. If you do not agree, you may not access the website or use any services.
We reserve the right to update or change these Terms at any time by posting updates on this page. It is your responsibility to check this page periodically. Your continued use of the website following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your country or have parental consent to use this site.
You may not use our products for any illegal or unauthorized purpose nor violate any applicable laws (including copyright laws).
A breach of any Term will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted over various networks. Credit card data is always encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material provided is for general information only and should not be relied upon as the sole basis for decisions.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online and may have limited quantities. Returns or exchanges are subject to our Return Policy.
We make every effort to display product colors and images accurately, but cannot guarantee that your monitor’s display will be accurate.
We reserve the right to limit sales to any person, region, or jurisdiction and to limit quantities.
All product descriptions and prices are subject to change without notice.
We do not warrant that the quality of any products or services will meet your expectations, or that any errors will be corrected.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order. We may limit or cancel quantities per person, household, or order. If we make a change or cancel an order, we will attempt to notify you by email or phone.
You agree to provide current, complete, and accurate account and payment information and promptly update any changes to ensure we can process your transactions.
For more details, please refer to our Return Policy.
SECTION 7 – THIRD-PARTY TOOLS AND LINKS
We may provide access to third-party tools “as is” without warranties.
Links to third-party websites are provided for your convenience. We are not responsible for their content or practices. You should review third-party terms before engaging in any transactions.
SECTION 8 – USER COMMENTS AND FEEDBACK
If you send us creative ideas, suggestions, or materials (collectively “Comments”), you agree that we may use, edit, publish, or distribute them without restriction or compensation.
You agree that your Comments will not violate any third-party rights, contain unlawful, abusive, or obscene material, or transmit malware.
You are solely responsible for your Comments and their accuracy.
SECTION 9 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy in accordance with the GDPR (General Data Protection Regulation).
SECTION 10 – ERRORS AND OMISSIONS
Occasionally, there may be information on our site containing typographical errors or inaccuracies related to product descriptions, pricing, promotions, or availability.
We reserve the right to correct such errors, update information, or cancel orders if necessary, without prior notice.
SECTION 11 – PROHIBITED USES
You are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit or perform illegal acts;
(c) to violate international, national, or local laws;
(d) to infringe upon our intellectual property or that of others;
(e) to harass, abuse, defame, or discriminate;
(f) to submit false or misleading information;
(g) to upload viruses or malicious code;
(h) to collect personal data of others unlawfully;
(i) to spam, phish, crawl, or scrape;
(j) for obscene or immoral purposes; or
(k) to circumvent site security.
We reserve the right to terminate your access if you violate these restrictions.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Service and all products provided are offered “as is” and “as available”.
We make no warranties regarding uninterrupted, error-free, or secure access.
To the fullest extent permitted by law, EFENA Sàrl-S, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, or consequential damages, including lost profits, data loss, or replacement costs arising from your use of the Service or products.
Nothing in these Terms excludes liability where prohibited by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify and hold harmless EFENA Sàrl-S, its affiliates, directors, employees, and partners from any claim or demand arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 14 – SEVERABILITY
If any provision of these Terms is deemed invalid or unenforceable, it shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full effect.
SECTION 15 – TERMINATION
These Terms remain in effect until terminated by either you or us.
You may terminate at any time by ceasing use of the site.
We may terminate without notice if you fail to comply with any provision and you will remain liable for all amounts due up to the termination date.
SECTION 16 – ENTIRE AGREEMENT
These Terms, together with our other policies, constitute the entire agreement between you and EFENA Sàrl-S and supersede any prior agreements or communications.
SECTION 17 – GOVERNING LAW
These Terms and any separate agreements are governed by and construed in accordance with the laws of Luxembourg.
In the event of a dispute, Luxembourg courts shall have exclusive jurisdiction, without prejudice to mandatory consumer protections applicable in your country of residence within the EU.
SECTION 18 – RIGHT OF WITHDRAWAL (EU CONSUMERS)
If you are an EU consumer, you have the right to withdraw from your purchase within 14 days of receiving the goods, without giving any reason.
To exercise this right, please refer to our Return Policy for detailed instructions.
Exceptions apply for personalized goods, sealed items unsealed after delivery for hygiene reasons, or other legally excluded cases.
SECTION 19 – LEGAL WARRANTY OF CONFORMITY (EU)
All products sold to EU consumers are covered by the legal guarantee of conformity for a period of two years from delivery, as required by EU and Luxembourg law. This warranty applies independently of any commercial warranty offered.
SECTION 20 – SHIPPING, TAXES, AND CUSTOMS
Delivery times and costs are displayed at checkout.
Orders outside the EU may be subject to customs duties and import taxes, payable by the customer. These are non-refundable.
SECTION 21 – PAYMENTS AND FRAUD PREVENTION
We accept the payment methods displayed at checkout.
We may perform fraud prevention checks and reserve the right to cancel an order if suspicious activity is detected.
SECTION 22 – DISPUTE RESOLUTION – ODR PLATFORM
The European Commission provides an Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr
We are not obligated to participate in a formal dispute resolution process but will consider such requests in good faith.
SECTION 23 – CHANGES TO TERMS
You can review the most current version of these Terms at any time on this page.
Your continued use of the site after any changes constitutes acceptance of the updated Terms.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to:
support@newfreshkicks.com