Terms of Service for Frui

Welcome to Frui! These Terms of Service (“Terms”) govern your access to and use of the Frui website located at fruiit.store (the “Website”), owned and operated by Frui, located at 752 Thursby Avenue, Arverne, NY, 11692, USA.

By accessing or using the Website, you agree to be bound by these Terms, our Privacy Policy, Return Policy, Shipping Policy, and all other policies referenced herein. If you do not agree to these Terms, please do not use the Website.

1. Use of the Website

By using our Website, you confirm that you are at least 18 years old or are visiting the Website under the supervision of a parent or guardian. You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website by, any third party.

2. Product Information

  • Product Descriptions: We strive to be as accurate as possible in describing the products offered on the Website. However, we do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free.
  • Colors: We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
  • Availability: All products are subject to availability. We reserve the right to limit the quantity of products we supply, or to refuse service to any customer at our sole discretion.

3. Pricing and Payment

  • Pricing: All prices displayed on the Website are in U.S. Dollars ($USD) and are subject to change without notice. Prices do not include taxes or shipping charges, which will be added to your total at checkout.
  • Payment: We accept major credit cards and other payment methods as indicated at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order (including any applicable taxes and shipping fees).
  • Billing Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website.

4. Orders and Acceptance

  • Order Placement: Placing an order through our Website constitutes an offer to purchase the products. All orders are subject to acceptance by Frui.
  • Order Confirmation: Upon receiving your order, we will send you an email confirmation. This email confirms that we have received your order but does not constitute acceptance of your order.
  • Order Acceptance: Acceptance of your order and the formation of the contract of sale will occur when we dispatch the products to you and send you a shipping confirmation email.

5. Shipping and Delivery

  • Shipping and delivery are subject to our separate Shipping Policy, which is incorporated into these Terms by reference. Please review the Shipping Policy on our Website for detailed information.

6. Returns and Refunds

  • Returns and refunds are subject to our separate Return Policy, which is incorporated into these Terms by reference. Please review the Return Policy on our Website for detailed information.

7. Intellectual Property

  • All content on the Website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Frui or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Frui.
  • The Frui name, logo, and all related names, designs, and slogans are trademarks of Frui or its affiliates or licensors. You must not use such marks without the prior written permission of Frui.

8. User Accounts

  • If you create an account on our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
  • Frui reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

9. Prohibited Conduct

You agree not to:

  • Use the Website for any unlawful purpose or in violation of any local, state, national, or international law.
  • Engage in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website.
  • Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.
  • Post or transmit any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

10. Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS OFFERED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRUI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRUI DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

IN NO EVENT SHALL FRUI, ITS DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Frui, its affiliates, officers, directors, employees, consultants, and agents from any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be exclusively brought in the federal or state courts located in New York, New York, and you consent to the personal jurisdiction of such courts.

14. Dispute Resolution

Any dispute arising from these Terms or your use of the Website will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

15. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, Shipping Policy, Return Policy, and any other policies published on the Website, constitute the entire agreement between you and Frui regarding your use of the Website.

18. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: [email protected]
  • Phone: +1 702-493-8215
  • Mail: Frui, 752 Thursby Avenue, Arverne, NY, 11692, USA
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