Fievie Terms and Conditions

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement between you, individually or on behalf of an entity ("you"), and FIEVIE (“Company” or "we," or "us," or "our") regarding your access to and use of the http://www.fievie.com/ website and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively the "Site"). You accept that you have read, understood, and agree to be bound by these whole Terms of Service by accessing this website. If you do not accept these Terms of Service in their entirety, you are expressly prohibited from using the Site and must discontinue use immediately.

This agreement incorporates by express reference any additional terms and conditions or documents that may from time to time be placed on the Site. We reserve the right, at our sole discretion, to modify or revise these Terms of Service at any time and for any reason. We will advise you of any changes to these Terms of Service by amending the "Last modified" date, and you waive your right to receive explicit notification of any changes. You are responsible for reading these Terms of Service often for changes. By continuing to use the Site after such new Terms of Use have been posted, you will be subject to, and will be deemed to have been made aware of and to have accepted, any changes to the Terms of Service.

This information is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Those who access the Site from other areas do so on their own volition and are entirely responsible for compliance with local laws, if and to the extent local laws are applicable.

The website is intended for individuals above 18 years old. To access the Site, all users who are minors in their home jurisdiction (often under the age of 18) are needed to have parental approval and direct supervision. If you are a minor, your parent or legal guardian must read and consent to these Terms of Service prior to your use of the Site.

YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED IN DETAIL IN SECTION 20 BELOW, TO RESOLVE ALL DISPUTES WITH THE COMPANY, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL-CLAIMS COURT.

2. Scope of these Terms and Conditions.

Our terms and conditions are primarily intended to ensure that both buyers and sellers are safe and comply with the conditions. Your account will be permanently associated with one phone number/email address that will be used to identify clients and communicate with service providers. By using our Services, you consent to the following terms on behalf of yourself, all members of your household, and anyone else who uses a Service under your account:

• You communicate exclusively with us or our service providers when using our services. Your consent to receive communication notifications acknowledges that we, our service providers, and your devices may store records of this communication. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically comply with any statutory requirement that such communications be in writing.
• All content made accessible by us or our service providers, including images, buttons, text, logos, clip art, and all other forms of digital content, remains the property of our firm and our content suppliers, and is protected by global copyright laws.
• In addition, any designs, logos, page headers, button icons, scripts, or service names that we or any of our service providers utilize or make available are our organization's trademarks or trade dress. Our trademarks and trade dress will not be utilized in connection with any non-business product or service that is likely to cause customer confusion or diminishes or disparages our firm.
• Our company and all of its infrastructure provide you a limited, non-exclusive, non-transferable, essential license to access and use our Services, subject to your compliance with these Terms of Service and any Service Terms and payment of any relevant fees. Our company's licenses will be cancelled if you fail to comply with these Conditions of Use or other Service Terms.

3. Store Account

For sellers, you must be at least 18 years old and provide Company with your email address and a password to establish a shop account ("Account"). Your Account will be associated with a Fievie ID, allowing you to access specific websites and services with the same credentials.

These Terms are applicable to both businesses and consumers. Different consumer provisions have been made when necessary.

4. Buyers Terms

Registration

Users are encouraged to create an account, but they are not required to do so. However to make purchases, one is required to create an account.

To register on the website, you must provide a username and password. Fievie also requires your contact information in order to provide the invoice. You are responsible for maintaining the accuracy, confidentiality, and currency of this information.

By completing the account opening form, you guarantee and assume full responsibility that the information provided accurately identifies you as an individual or a representative of the selected organization. If you are placing an Order on behalf of an organization, you must ensure that you have the necessary authorization.

Fievie is not responsible for any consequences that may follow from erroneous, incomplete, or false information that you have provided or from data that you have modified after placing your Order.

In the event of online payments, you must provide your payment information. Your Order's online payment information is processed by our authorized payment service provider. Fievie does not receive specific information (such as your credit card number) from transactions; instead, it receives information regarding the success or failure of the payment. Fievie does not obtain specific information (such as the contents of your cryptocurrency wallet) from transactions; instead, it receives information regarding the success or failure of the payment.

By submitting your Order, you consent to the use of your contact and payment information to process your payment and fulfill your Order.

Order Process and Conclusion of Purchase Agreement

By placing an order, you agree to the following terms and conditions for the purchase of a product. All orders are contingent on product availability and confirmed order price. Dispatch timeframes may fluctuate based on availability and are subject to any delays caused by courier delays, carrier delays, shipment delays, or acts of god for which we shall not be responsible.

The product presentation on our website does not constitute an offer but should be construed as a non-binding invitation to place an order.

By clicking "Buy Now," you are submitting a legally binding offer to enter into a purchase transaction with Fievie for the items in your shopping cart (hereinafter "Order").

We reserve the right to accept or reject the Order at our discretion. We will accept your Order by providing a confirmation of your order. Unless otherwise specified, the effective date of the purchase agreement is the date that Fievie verifies your Order through email. In the event of a purchase on advance payment, the purchase agreement is contingent upon and becomes enforceable for Fievie only upon receipt of the full purchase price.

If you place an Order using our website, there are four steps involved:

1. You choose the desired items and then add them to the Cart.
2. You review each item in your shopping cart and make any required adjustments. Clicking the "Checkout" button initiates the payment process.
3. If you so want, you log in to your user account with your email address and password and then enter the necessary client information for the invoice.
4. On the "Checkout" page, you select your preferred payment option and indicate your agreement of the terms and conditions governing the purchase. Here, you can modify the invoice details again, review your purchase information, and return to the cart by clicking "Back to cart."
5. By clicking "Buy now", you are committing to your Order.

With our order confirmation and/or shipment, we will provide you a copy of the related Order, inclusive of the associated invoice.

5. Prices, Delivery Costs, Taxes and Duties

All prices displayed on our website are in U.S. dollars, exclusive of any applicable taxes or fees.

You are responsible for all additional customs taxes, duties, fees, imposts, tariffs, and charges associated to the conclusion or execution of your Order. In the event that Fievie is obliged to pay such fees to any authority, you agree to indemnify and hold Fievie harmless for such payments.

Fievie reserves the right, in the event of obvious inaccuracies on the Website or in connection with your Order, to fix the error and charge you the proper price. In such a case, we will contact you and give you the option of either purchasing the item at the proper price or canceling your Order.

6. Payment Conditions     

Our company provides our customers with a number of payment methods. This is intended to maximize shopping convenience for all of our consumers. When utilizing our website, customers are solely responsible for any purchases or payments made using their accounts. Although this is considered to be the company's policy, we nonetheless assume the obligation of ensuring that our clients' exposure to risk is minimized by providing safe payment mechanisms. Seller criteria dictate that the purchase guarantee of the product is only valid and in effect upon delivery. The company is not responsible for any damages caused by the client's handling of the product. Our payment policy tries to safeguard both the seller and the buyer, therefore in the event of a dispute or disagreement, all financial and product-related factors are evaluated prior to reaching a determination. All of our customers should be aware that we offer a 100% money-back guarantee if the goods are defective and you did not cause the harm.

The following are our terms of payment:

1. You may choose one of the stated payment methods on the website. Fievie has the right to exclude or add payment methods at its discretion.
2. In the event of a valid payment method as decided by us, your payment will be processed by our authorized payment service providers through their separate, secure infrastructure. Our authorized payment service provider maintains the right to deny the processing of payments when fraud or other irregularities are suspected.

7. Shipping Policy

When the order is placed, the products will be shipped within one to three business days. This will allow the supplier store adequate time to securely pack your items and commence shipment. Shipping will be handled by courier services selected by the Seller, including but not limited to FedEx/ DHL/ UPS/ UPSP, and the shipping time will be determined by the connected courier service providers based on the shipping distance. The store will monitor the delivery of your purchase, and you will also be able to track it during its journey. When you send the goods to the carrier, the risk of loss and ownership shift to you. In addition to transferring the risk of loss, we continue to monitor your delivery to guarantee that it reaches securely and within the specified time limit.

We are not responsible or liable for late deliveries caused by third-party merchants on our website. All delays, demurrage, liability, and responsibility shall continue to apply to third-party Sellers or shippers, as applicable.

In the event of force majeure or other occurrences for which we are not responsible, such as service interruptions, strikes, government actions, telecommunications problems, or acts of nature, the delivery time for purchased packages, goods, or commodities may be extended by a reasonable duration.

The objects or merchandise may be subject to customs and export control regulations. We are not responsible for any restrictions on the delivery of your goods that emerge from such rules and retain the right to withdraw from the purchase agreement on these grounds.

8. Seller Policy

A shared code of conduct ensures that all of our customers receive the highest company services and are safeguarded. We strive to ensure customer pleasure; therefore, while listing products from suppliers/sellers, we provide clients with correct information to ensure that the product supplied matches their expectations. If there are modifications to the product information, the Seller will update it as soon as feasible. Our company will always treat all consumers fairly and lawfully. Creating a positive client experience is a company focus due to the fact that we seek to establish long-term relationships. On our website, none of our customers' ratings will be edited or updated to benefit our company. This will ensure that we are always loyal to our customers. Our store will handle all sales in conjunction with the suppliers/sellers. The Seller will assume full responsibility for any omissions or defects in the offered goods. Seller is responsible for shipping products directly to the buyer as soon as payment has been received.

Our regulations prohibit our employees, suppliers, and couriers from using inappropriate tone or language with our consumers. To promote efficient management of this, our company should sell all relevant communication items through our website's buyer-seller messaging function. This will improve the tracking of claims and protect customers. All client information received by any member of our staff should be utilized solely to complete the order processing procedure and then discarded. Customer information will not be used or shared in any other way. Our company cannot file infringement notifications since it would prevent our clients from obtaining their legitimate property. In such a circumstance, the company must address the problem in the most lawful manner feasible.

You are solely liable for your store, listings, and products, and you agree that:

• You must acquire any permits needed to sell your products on the market; and
• To the extent required by applicable law, you must register with the appropriate taxing authorities and pay all applicable taxes on your product sales.

You acknowledge and agree that you may only open multiple Seller Centre accounts for a valid business reason, as decided at Fievie's sole discretion. You must notify Fievie if you (or a linked person or organization) create a Seller Centre account.

You are required to conduct business on the marketplace:

• with expertise and care, while cooperating with Fievie and the buyers and acting in good faith;
• in accordance with the Fievie Partner Code of Conduct and other Fievie codes, policies, and guidelines that are periodically published on the marketplace;
• according to ethical business practices and industry standards; and
• in compliance with all applicable laws in force from time to time, including, without limitation (i) all laws, statutes, regulations and other enactments of the territory (ii) the U.S. Foreign Corrupt Practices Act; U.K. Bribery Act; (iv) all other anti-bribery and corruption, anti-money laundering and anti-terrorism laws; and (v) any trade or export sanctions or restrictions imposed by the United States, the United Kingdom, the European Union and/or the United Nations.

We reserve the right, without prejudice to our other rights, to reject, unpublish, or delete any seller store that violates these seller terms and conditions, the general terms and conditions, or any Fievie regulations, policies, or guidelines.

Product listings

You are responsible for listing your products on the marketplace by uploading a finished product page to the Seller Centre that includes prices, detailed information, specifications, and photographs for each product.

You are not permitted to publish multiple listings per product.

You agree to be solely responsible for any listings posted to our marketplace, and you agree that all listings must comply with the following requirements:

• represent legitimate listings for products that conform with the categories and regulations outlined in this document;
• conform to the content rules outlined in the general terms and conditions and elaborated upon in the Content and Image Guidelines; and
• include all information, specifications, and standards required by all applicable laws and regulations, including consumer protection legislation.

Listings submitted may be individually reviewed and approved by Fievie before they are published on the marketplace. You acknowledge and agree that there may be a delay between the submission of the product page to the Seller Centre and the publication of the Product page on the marketplace due to the time required for Fievie quality control operations.

We reserve the right, without prejudice to our other rights, to reject, unpublish, and/or remove any listings that violate these seller terms and conditions, the general terms and conditions, or other Fievie codes, policies, or guidelines.

You recognize and concur that:

• regardless of whether we authorize a listing or not, you are solely responsible for it; and
• Without limiting our other rights, we reserve the right to impose fines for violations of this clause.
• You must maintain accurate listings. Specifically, you must remove any listings for products that are no longer available.

The Products, Items or Goods

On our marketplace, only products that fall within the categories mentioned on the marketplace may be listed.

You may not advertise, buy, sell, or supply any of the following items through our marketplace:

• Infringes the intellectual property rights or other rights of a third party, or gives rise to a cause of action against a third party, in any case in any jurisdiction and under any applicable law;
• consists of or contains content that, if published by you on our marketplace, would violate the content standards outlined in the general terms and conditions; or
• drugs, narcotics, steroids, or controlled substances; pornography; obscene, indecent, or sexually explicit materials; swords, firearms, or other weapons; ammunition for any weapon; or items that are otherwise prohibited under the Prohibited and Restricted Products Policy, as amended from time to time, or applicable law.

We have a zero-tolerance policy for counterfeit products, and any attempt to sell counterfeit products on the marketplace or other violation of our Anti-Counterfeit Policy may result in the penalties outlined in the Seller Penalty Policy, including financial penalties, a permanent ban from using the marketplace, and possible prosecution.

Upon receiving a written request from us, you are obligated to provide us with any information and documents we may reasonably require to verify the authenticity of items.

Pricing

All product pricing must include the value-added tax and any other taxes applicable to the transaction, and be indicated in the local currency.

You are solely responsible for establishing the pricing of your products on the marketplace, which may be modified at any time through the Seller Centre, including for the purposes of seasonal or other reductions.

The pricing of your products must adhere to all applicable regulations, including those governing competition.

Fulfilment, Packaging and Delivery

Upon receiving a confirmation of sale from Fievie, you must handle the order by packing and labeling the product(s) according to the Packaging Guidelines; and delivering the products to our drop off point according to the timetables, opening hours, and procedures outlined in the Delivery Guidelines.

We have the right to inspect any and all products we receive, and we reserve the right to return to you any product that does not satisfy the packing criteria outlined in the Packaging Guidelines, fails our quality control checks, or does not meet other product standards.

You shall retain title and ownership of the products until Fievie is paid in full by the buyer and the products are delivered to the customer. Ownership of the products shall transfer to the purchaser upon delivery.

Without limiting any other rights, we reserve the right to assess penalties for violations of the Packaging Guidelines or the Delivery Guidelines. In the Seller Penalty Policy, the amount of penalties that may be assessed pursuant to this paragraph shall be specified.

Commission and Fees

We will charge you a commission of 15% for each sale made on the marketplace, as well as fees for all marketplace services and value-added services, as detailed on the commissions and fees page of Seller Centre or the applicable value added service agreement.

In the event that Fievie finances a promotion, commission may be determined based on the Seller-set selling price at the time of the order.

As compensation for the costs of our services, we have the right to impose commissions and/or fees in the case the sale does not close.

We reserve the right to change commissions and/or fees at any time, with advance warning and by modifying the commissions and fees page of Seller Centre. This will not affect any obligation to pay commission that accrues prior to the posting of the new rates or for previously rendered services.

VAT and Other Taxes

All amounts listed on the marketplace are inclusive of VAT and any other transaction-related taxes. The Seller recognizes that:

• Commissions shall be computed as a percentage of the selling price (being the price established by the seller at the time of the order), inclusive of VAT and any other taxes charged to the buyer;
• Commissions include VAT and all other applicable taxes; and
• In the case of an increase in the rate of value-added tax (VAT) or other applicable taxes, the commission rate will be automatically adjusted to maintain constant net revenues for Fievie. Accordingly, the Seller may, at its discretion, alter prices.

The seller shall be solely liable for any taxes relevant to marketplace transactions with buyers or consumers, including VAT, and shall consequently be responsible for the reporting, filing, and payment of such taxes.

In the event that a competent tax authority determines that Fievie is accountable for payment of any taxes (including stamp, excise, or customs duties) relating to the transactions, particularly pursuant to the preceding paragraphs, you agree to indemnify and keep Fievie harmless. We may deduct tax-related amounts from payments we handle on your behalf and submit them to the appropriate government or tax body.

Upon receiving a written request from us, you must promptly provide us with any information and documents we may reasonably require to identify you or to aid our compliance with our legal duties regarding the taxation of payments made to us or processed by us. We may provide such data and/or documentation to the appropriate government and tax authorities.

Remittances

We will collect payments from customers for each product acquired on the marketplace and subtract our commissions as well as, as appropriate, any fees, charges, taxes, penalties, refunds, and any other sums you owe us for any activity whatsoever.

We will provide you the revenues from the sale of the products, less any deductions made pursuant to the preceding paragraph.

Proof of payment to your designated account should be valid evidence of both payment and receipt.

You are solely responsible for ensuring that the account information you upload to the Seller Center is valid and secure. We are not responsible for any loss or damage you may incur as a result of fraud or error involving your account.

Via the Seller Center, we will send you with a statement of your account, which will show all sales revenues, deductions, and remittances.

We may delay or suspend payment to you if we suspect fraud or any violation of this agreement is occurring.

If the Seller disputes any transaction or statement of account, the dispute must be communicated to Fievie within three (3) months of the transaction date; otherwise, the claim will be presumed waived.

Breaches of Seller Terms and Conditions

If we determine that you have violated our seller terms and conditions, our general terms and conditions, or any Fievie codes, policies, or guidelines, we may take the following actions:

• send you a formal warning or warnings;
• according to the terms and conditions, we may suspend, prohibit, or block your access to our marketplace.
• apply penalties for violations; or
• initiate legal action against you, whether for contract breach or otherwise.

 

The amount of penalties for violation is subject to change.

The penalty for violation specified above also apply if:

• You do not meet a required level of operational performance in order to deliver a suitable marketplace buyer experience; or
• if you receive negative ratings and reviews.

Insurance

You shall maintain in force a policy of insurance with an appropriate level of coverage in respect of your  liabilities under the agreement.

9. Buyer Policy

Some of our Services may require you to have an account, be logged in, and have a valid payment method associated with it. You accept responsibility for any activities that occur under your account or password, including maintaining the confidentiality of your account and password and limiting access to your account.

Upon delivery of the purchased products, the customer assumes full responsibility for product safety and forfeits the right to file claims over the given products. When utilizing our website, customers are solely responsible for any purchases or payments made using their accounts. As the client is responsible for safeguarding their account and credentials, the business can take minimal to no action to assist them in the event that their account is compromised.

10. Prohibitions

You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of our services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality  of any computer facilities of or accessed through this website. Breaching this provision shall constitute a criminal offense and Fievie will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your  downloading of any material posted on it, or on any website linked to it.

11. Website terms of use

Our website can only be used to perform purchases and post reviews on the products that have been purchased from our website. Any other activities other than those prescribed on the website will be considered illegal, and legal action can be taken in an instance where one is found to violate our terms of use. When using our website, make sure you conduct yourself most respectfully to ensure that our staff has the easiest time meeting your expectations. Vulgar and inappropriate language is considered illegal, and action can be taken against this induvial. The site is designed to facilitate the purchase, sale, and communication with our customers regarding their orders.

All the pertaining communication products sold in our company should be done through our buyer-seller messaging feature on our website. This will facilitate easy follow-up of claims and ensure customer protection. All the purchases made in our company should be made online through our website; any claims that have no proof on the website will not be processed. Therefore all our clients are encouraged to make their orders and claims through the website.

12. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Fievie, its affiliates, and their respective directors, officers, employees and agents, and Authorized Service Providers from and against any and all third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) Your use of Fievie in violation of this Agreement; (b) infringement or violation of trademarks or any Intellectual Property Right or any other right of any person; or (c) You or Your Product(s)’ violation of any law.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the applicable Payment Processors (which may include Fievie and/or third parties) and the Payment Processors' affiliates, directors, officers, employees, and agents from and against any and all third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from your distribution of Products via our Site.

13. Limitation of Liability

To the maximum extent permitted by law, you agree that, unless Fievie is proven to have defaulted intentionally or through gross negligence, claims for damages or the rescission of the contract on grounds of late delivery is excluded. Fievie’s total liability in any matter arising out of or related to these Terms is limited to the purchase price.

You also agree that Fievie, its subsidiaries and affiliates, and its licensors will not be liable to you under any theory of liability for any indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, including any loss of data, whether or not Fievie or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

14. Disclaimer

Our disclaimer protects our company from being exploited by people with malicious intentions. Therefore, the below disclaimer will be upheld in every situation unless the company gives discretion to the stated condition.

Our company does not take responsibility for any inconveniences or losses experienced by our customers. Only in a legally binding situation will the company consider taking any form of action toward resolving the stated issues. The binding aspect of this is under the circumstance that the customer follows the right channel when seeking the desired help. Unless specifically specified in writing, our company provides all information, content, materials, goods (including software), and other services featured on or otherwise made available to you through Our company services on an "as is" and "as available" basis. Unless otherwise specified in writing, our company makes no express or implied representations or warranties as to the operation of Our company services or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Our company services. You expressly accept that your use of the services provided by Our firm is at your own risk.

Our company disclaims all guarantees, express or implicit, to the fullest extent permitted by law, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Our company makes no warranty that Our company services, information, content, materials, products (including software), or other services are included on or otherwise made available to you through Our company services, our company's servers, or electronic communications sent from Our company are virus-free.

Unless otherwise specified in writing, our company will not be liable for any damages of any kind arising from your use of any of Our company services or any information, content, materials, products (including software), or other services included on or otherwise made available to you through any Our company service, including, but not limited to, direct, indirect, incidental, punitive, or consequential damages.

15. Reviews, Comments, And Ratings

When using our website;

• You may post reviews, comments, photos, videos, and other content and send e-cards and other communications, as long as the content is not unlawful, obscene, threatening, defamatory, and infringing on intellectual property rights or invasive of privacy.
• You may not impersonate any person or entity, use a false e-mail address, or otherwise mislead the origin of a card or other social media content. We reserve the right (but not the responsibility) to remove or amend such content, although we do not review it regularly.
• If you upload content or submit material, you grant Us a nonexclusive, irrevocable, and fully sublicensable right to use, reproduce, edit, adapt, publish, perform, translate, create derivative works from, distribute, and display such content worldwide in any media unless we indicate otherwise.

Adhering to this will ensure that the data you provide will be processed accordingly to help us improve our service delivery.

16. Mobile Application License

Use License

If you access the Site through a mobile application, we grant you a limited, revocable, non-exclusive, and non-transferable license to install and use the mobile application on wireless electronic devices that you own or control, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license set forth in these Terms of Service.

You must not:

1. decompile, reverse engineer, disassemble, or attempt to derive the application's source code;
2. make any changes, adaptations, improvements, translations, or derivative works to the application;
3. violate any applicable laws, rules, or regulations relating to your access to or use of the application;
4. remove, modify, or conceal any proprietary notice (including notices of copyright or trademark) displayed by us or the application's licensors;
5. Use the application for any revenue-generating, commercial, or other unintended purpose.
6. provide the application through a network or other environment that permits simultaneous access or use by numerous devices or users;
7. Create a product, service, or software that directly or indirectly competes with or is an alternative for the application.
8. Use the program to send automated queries to any website or unsolicited commercial e-mail;
9. Use any of our proprietary information, interfaces, or other intellectual property in the design, development, manufacturing, licensing, or distribution of apps, accessories, or devices for use with the application.

Apple and Android Devices

When you access the Site through a mobile application downloaded from either the Apple Store or Google Play (each a "App Distributor"), the following conditions apply:

1. The license we grant you for our mobile app is restricted to a non-transferable license to use it on a device running either the Apple iOS or Android operating systems, as appropriate, and in accordance with the usage guidelines described in the terms of service of the relevant App Distributor;
2. You acknowledge that each App Distributor has no obligation whatsoever to provide any maintenance and support services with respect to the mobile application, and that we are responsible for providing any such services as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required by applicable law.
3. If the mobile application does not meet any applicable warranty, you may contact the relevant app distributor, and that distributor may, in accordance with its terms and policies, refund any money paid for the mobile application's purchase; however, to the fullest extent permitted by applicable law, the applicable app distributor will have no other warranty obligation with respect to the mobile application;
4. You affirm and guarantee that you do not reside in a nation under U.S. embargo or one that the government has designated as "terrorist supporting," and that your name does not appear on any list of individuals or entities that the government has restricted or prohibited;
5. When using the mobile application, you must adhere to any applicable third-party terms of agreement; for instance, if you use a VoIP application, you must not violate their wireless data service agreement;

You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use. As such, you acknowledge and agree that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you.

17. Data Processing Agreement

By consenting to use our service, you are obligated to accept our policy allowing our company to use the information you supply to better their service delivery. The data and information acquired by the cookies on our website will also be utilized to reconstruct your preference trends, allowing us to provide a higher level of service. Our company is in a constant state of change, and in this instance, we will ensure that we remain current by using the acquired information to enhance our services. Also included in the processed data are your reviews, comments, and ratings, which help us improve our services. Please refer to our Data Processing Agreement and Privacy Policy for additional details about how we handle data.

18. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when  they first arise, please let us know if you have any complaints or comments.

19. Informal Dispute Resolution

We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Company, You agree to try to resolve the dispute informally by submitting your request through https://www.fievie.com/contacts. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this form, you or Company may bring a formal proceeding.

20. Dispute Resolution By Binding Arbitration; Class Action Waiver

You and Company agree to arbitrate any and all disputes, claims, or controversies arising out of, relating to, or connected with this Agreement, Company's business, any of the Programs or the Company Properties, and your relationship with Company, including claims that may arise after the termination of this Agreement. This arbitration agreement encompasses any claims against Company's employees, agents, and subsidiaries. Arbitration is a less formal technique of resolving disputes than typical state or federal court proceedings. It utilizes a neutral arbitrator rather than a judge or jury, and the arbitrator's judgment is susceptible to limited judicial review.

The arbitrator shall decide all issues regarding the arbitrability of a claim, including disputes regarding the scope, interpretation, breach, applicability, enforceability, revocability, or validity of this Agreement. In addition, the arbitrator determines whether a claim is subject to arbitration. You also consent that the American Arbitration Association and federal arbitration law will govern the interpretation and enforcement of this arbitration agreement.

21. Changes to the Terms and Conditions Agreement

Fievie reserves the right to modify, update, add to, discontinue, remove, or otherwise change these terms and conditions, which apply to all clients, at any time and without prior notice. Each such modification will take immediate effect upon notification to you via email, and updated terms and conditions will take effect once published on the app or website.

Continued use of Fievie's services after such modifications or subsequent such notifications constitutes your acceptance of such modifications. If you do not agree with any changes to these Terms and Conditions, your only recourse is to cease using the Company Properties. The most up-to-date version of these Terms and Conditions shall be posted on our website, superseding any prior versions.

22. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

23. Miscellaneous

Fievie may assign, transfer or otherwise dispose its rights and obligations under the purchase agreement with you, in whole or in part, at any time without notice to you. You may not assign the purchase agreement or transfer any rights hereunder.

If any part of these Terms is or becomes legally invalid or ineffective, the validity of  the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid or ineffective provision.

Any and all changes and amendments to a purchase agreement concluded with Fievie shall be submitted in writing. This shall also apply to a waiver of this written form clause.

These Terms shall be governed by New Jersey laws, to the exclusion of its conflict of law rules. The application of the United Nation Convention on Contracts for the International Sale of Goods shall be excluded.

24. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede any and all previous agreements between the parties.

If you have any questions about these Terms of Use, please contact us at: Contact@fievie.com 

25. Fievie  Return & Refund Policy
 
1. Returns
If you are not satisfied with your purchase, you may return it within 7 calendar days of delivery.
Your item must be returned in the same condition as you received it and in the original packaging to be eligible for a refund. Your purchase needs to be in the factory packing.
Any item you want to return must have a valid receipt or evidence of purchase.
 
2. Return/ Refunds Process
When poor quality or broken products are delivered, we advise our consumers to return the item and request a refund or replacement from the Seller.
Refund and return policies are only applicable if the goods was damaged by the Seller; we do not accept refunds for products that were damaged by the customer or when the client is merely dissatisfied with the product.
After delivery, the company will not accept responsibility for any product damage; in this situation, the buyer/customer will bear full responsibility.
Only returns and refunds will be accepted if:
• The supplied merchandise does not match the website's description. In this situation, the Seller will have provided an incorrect product description or misrepresented the described product. In this case, a replacement will be supplied before a refund is considered.
• When the product's scheduled delivery date has passed and the Seller has not informed the buyer of the delays and what they are doing to expedite delivery. In this case, the seller will have caused the buyer inconvenience.
• Refunds are subject to the conditions of the Seller. Each Supplier/return seller's policies will have distinct criteria.
 
Due to the nature of the product or the nature of the Seller, there are a number of items in our store that cannot be returned. These products include, but are not limited to the following:
• All goods without serial numbers and customer purchase receipts.
• Customized goods
• Products that expire (grocery, fruits)
• Items with allegations that the consumer is merely disgusted by the product, with no claims of product defect. This product's return policy is not guaranteed because our capacity to determine its original state is extremely limited; once the package's seal has been broken, the store cannot restore it to a resealable state.

Returns are not ours until they reach the supplier or vendor fulfillment center. A refund may be issued without the requirement for a return, at the discretion of the provider or seller.

Once we receive your returned item to return to the Seller, we will inspect it and send you an email to let you know we've received it. After examining the returned goods, we will promptly inform you of the refund's status.

If your return is accepted, we will process a credit card refund (or original method of payment).

You will receive the credit within a set number of days, depending on the policies of your card issuer.
 
3. Shipping
 
Return Shipping Costs
When you select the return shipping method, return fees are calculated. Free Returns are available for U.S. and APO/FPO delivery addresses with a U.S. zip code.
If you return an item using a paid method, return shipping costs and restocking fees will be deducted from your refund.
If you want to ship the item yourself, you will be responsible for paying the shipping carrier. If the return is due to an error on the part of the Seller, you will receive a refund of up to the Seller's maximum shipping costs.
 
4. Contact Us
 
If you have any questions on how to return your item to us, contact us at our mailing address:
Contact@fievie.com