Terms Of Service

OVERVIEW

Welcome to Fawelivo. References to “we,” “us,” and “our” throughout these Terms mean Fawelivo. Fawelivo provides this website and online store, together with the information, content, functions, tools, merchandise, and services available through it (collectively, the “Services”), to offer customers a thoughtfully selected shopping experience. Fawelivo uses Shopify Inc. to power and support the Services. These Terms of Service (“Terms”), along with any policies referenced in them, set out the conditions governing your access to and use of our Services. Please review these Terms carefully because they contain important provisions concerning your legal rights, warranty limitations, and limits on liability. By visiting, accessing, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree with them, you should not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you confirm that you have reached the legal age of majority in the state or province where you live and that you authorize any minor dependents under your responsibility to access the Services through devices that you own, purchase, or control. When using the Services, including browsing our online store or purchasing any goods or services made available by us, you may need to provide information including your email address, billing details, payment information, and delivery information. You confirm that all information supplied to our store is accurate, complete, and up to date, and that you are legally entitled to provide such information. You are entirely responsible for keeping your account credentials secure and for all activities carried out through your account. Your account may not be transferred, sold, assigned, or licensed to another person.

SECTION 2 – OUR PRODUCTS

We take reasonable steps to display and describe the products and services offered through our online store as accurately as possible. However, the colors, appearance, and other visual details shown on your device may vary depending on your screen, device type, settings, or configuration. We therefore cannot guarantee that the appearance or quality of any item or service you purchase will exactly match how it appears on our website or fully meet your expectations. Product descriptions may be revised at any time without prior notice at our discretion. We may also stop offering any product at any time and may restrict the quantity of products available to a particular person, location, region, or jurisdiction on an individual basis.

SECTION 3 – ORDERS

Submitting an order through our store constitutes an offer by you to purchase the selected products. Fawelivo may accept or reject an order at its discretion for any reason. An order does not become accepted until Fawelivo confirms that it has been approved. Payment must be successfully received and processed before an order can be accepted. Please check all order information carefully before completing your purchase because Fawelivo may not be able to process cancellation requests once an order has been accepted. If an order is rejected, modified, or cancelled, we will make reasonable efforts to contact you using the email address, billing address, and/or telephone number supplied when the order was submitted. Returns and exchanges are governed exclusively by our Refund Policy. You confirm that products purchased from us are intended for your own personal or household use and are not being purchased for resale, commercial distribution, or export.

SECTION 4 – PRICES AND BILLING

Product prices, discounts, special offers, and promotions may be revised at any time without advance notice. The amount charged for a product or service will be the price applicable when your order is submitted and will appear in your order confirmation email. Unless specifically stated otherwise, displayed prices exclude applicable taxes, shipping costs, handling charges, customs duties, and import fees. Prices shown in our online store may differ from those offered in physical locations or through stores operated by third parties. From time to time, we may make promotional offers available through the Services that are governed by separate terms and conditions. Where promotional terms conflict with these Terms, the specific promotional terms will control. You agree to provide accurate, complete, and current account, payment, and purchase information for all transactions made through our store. You must promptly update relevant information, including your email address, credit card details, and card expiration dates, so we can complete your transactions and communicate with you where necessary. You represent and warrant that (i) the payment card details you provide are accurate, valid, and complete, (ii) you have authorization to use the payment card for the transaction, (iii) the issuing card company will honor charges submitted by us, and (iv) you will pay all amounts due at the displayed prices, including any applicable shipping, handling, and taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays occurring during shipping or delivery. Any delivery timeframe provided by us is an estimate and is not guaranteed. Delays resulting from carriers, customs procedures, or circumstances outside our reasonable control are not our responsibility. Once the products have been transferred to the shipping carrier, ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including without limitation our trademarks, brand elements, written content, displays, images, graphics, customer reviews, videos, audio materials, and the arrangement, selection, and design of such content, belong to Fawelivo, its affiliates, or its licensors and are protected by intellectual property laws in the United States and other jurisdictions. These Terms allow you to access and use the Services solely for personal and non-commercial purposes. Without our prior written permission, you may not copy, reproduce, distribute, alter, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit materials contained within the Services. Except where expressly provided in these Terms, nothing contained herein gives you any license or other right in relation to patents, trademarks, copyrights, or other intellectual property belonging to Fawelivo, Shopify, or any third party. Unauthorized use of the Services may violate applicable federal or state intellectual property laws. All rights not specifically granted under these Terms remain reserved by Fawelivo. The Fawelivo name, logos, product names, service names, designs, and slogans are trademarks belonging to Fawelivo or its affiliates or licensors and may not be used without our prior written authorization. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. Any other names, logos, product or service names, designs, and slogans appearing through the Services remain the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may receive access to tools supplied by third-party providers over which we do not supervise, control, or provide input. You understand and agree that access to these third-party tools is provided on an “as is” and “as available” basis without warranties, representations, conditions, or endorsements of any kind. We accept no responsibility or liability arising from or connected with your use of optional tools supplied by third parties. Your decision to use any optional tool available through our website is entirely at your own risk and discretion, and you should review and accept the terms imposed by the applicable third-party provider before using such tools. We may introduce additional functionality, tools, or resources through the Services in the future. Any such new features will also form part of the Services and will be governed by these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Services may include content, functionality, or hyperlinks supplied or maintained by third parties. We are not responsible for reviewing, verifying, or assessing the accuracy or content of third-party materials or websites that you choose to access. If you leave our Services to visit third-party content or websites, you do so entirely at your own risk. We are not responsible for losses, damages, or other harm arising from your access to third-party websites or from your purchase or use of products, services, resources, or content available from those third parties. You should carefully review the policies, terms, and practices of any third-party provider before completing a transaction with them. Questions, complaints, claims, or concerns relating to third-party products or services should be addressed directly to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.] Fawelivo is powered by Shopify, which provides the technology that enables us to make the Services available to you. However, every purchase and sale completed through our Store takes place directly between you and Fawelivo. By accessing or using the Services, you understand and agree that Shopify has no responsibility for any part of the transactions between you and Fawelivo, including any injury, damage, loss, or other issue associated with products or services you purchase. You expressly release Shopify and its affiliated entities from claims, liabilities, and damages resulting from or connected with your purchases and transactions with Fawelivo.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy, which is available on our Privacy Policy page. Certain information may additionally be governed by Shopify’s Privacy Policy, available at https://www.shopify.com/legal/privacy/app-users. By accessing or using the Services, you confirm that you have reviewed these privacy policies. Because Shopify hosts the Services, Shopify collects and processes certain personal information relating to your access to and use of our Services in order to provide and improve those Services. Information that you submit through the Services may be transmitted to and shared with Shopify and other third parties, including parties located in countries outside your country of residence, where necessary to provide services to you. Please review our Privacy Policy for further details regarding how we, Shopify, and our partners process and use your personal information.

SECTION 11 – FEEDBACK

When you submit, upload, post, email, or otherwise provide ideas, recommendations, comments, reviews, suggestions, proposals, plans, or other materials (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free right to use, copy, modify, publish, distribute, and display that Feedback in any format and for any purpose, including commercial purposes. For example, we may exercise these rights to operate, deliver, assess, develop, improve, and promote the Services, as well as to perform our responsibilities and exercise our rights under these Terms of Service. You also represent and warrant that: (i) you own or otherwise possess all rights necessary to submit the Feedback; (ii) you have disclosed any payment, reward, or incentive connected with your Feedback; and (iii) your Feedback complies with these Terms. We are not required (1) to treat Feedback as confidential; (2) to provide compensation for Feedback; or (3) to respond to Feedback. We may, although we are not obligated to, review, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, abusive, threatening, defamatory, libelous, obscene, pornographic, offensive, or otherwise objectionable, or that violates intellectual property rights or these Terms of Service. You agree that your Feedback will not infringe any third party’s rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree not to submit unlawful, defamatory, abusive, obscene, or harmful material or any virus, malware, or other code that could interfere with the Services or any related website. You must not use a false email address, impersonate another person, or otherwise misrepresent the origin of any Feedback. You alone are responsible for the Feedback you provide and for its accuracy. We accept no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS AND OMISSIONS

From time to time, the Services may contain typographical mistakes, incorrect information, or omissions involving product descriptions, prices, promotional offers, shipping fees, delivery estimates, availability, or similar information. We may correct errors, inaccuracies, or omissions and may modify or update information or cancel orders whenever information is found to be inaccurate, including after an order has been submitted, without providing advance notice.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You must not use or access the Services, directly or indirectly: (a) for illegal, unlawful, or malicious activities; (b) in violation of international, federal, provincial, state, or local laws, regulations, rules, or ordinances; (c) to infringe or violate our intellectual property rights or those belonging to another party; (d) to harass, threaten, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any employee or other person; (e) to communicate information that is false or misleading; (f) to send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to distribute or arrange the distribution of advertising or promotional communications such as “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate another person or organization; or (i) to participate in any activity that restricts or interferes with another person’s access to or enjoyment of the Services, or that, in our judgment, could harm Fawelivo, Shopify, or users of the Services or expose any of them to liability. You also agree that you will not: (a) introduce viruses, malware, or other harmful code that could affect the operation or functionality of the Services; (b) reproduce, copy, duplicate, sell, resell, or commercially exploit any part of the Services; (c) collect or monitor the personal information of other individuals; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with, bypass, or circumvent security measures used by the Services, any related website, other websites, or the Internet. If we determine that you have breached any part of these Terms, we may suspend, restrict, disable, or terminate your account at any time without advance notice.

SECTION 14 – TERMINATION

We may end this agreement or terminate your access to all or part of the Services at any time, at our sole discretion and without prior notice. You will remain responsible for any amounts owed up to and including the effective date of termination. The following provisions will remain effective after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, together with any additional provisions that, by their nature, are intended to remain in force following termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Content and information made available through the Services is provided for general informational purposes only. We do not guarantee that any such information is accurate, complete, reliable, or useful. Any reliance on information made available through the Services is entirely at your own risk. We disclaim responsibility for losses or liability arising from reliance on such content by you, another visitor, or any person who receives information concerning its contents. EXCEPT WHERE Fawelivo EXPRESSLY STATES OTHERWISE, THE SERVICES AND EVERY PRODUCT OFFERED THROUGH THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS RELATING TO MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT, GUARANTEE, OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERRORS. CERTAIN JURISDICTIONS RESTRICT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, AND IN SUCH CASES SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Fawelivo, OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES, SHALL NOT BE RESPONSIBLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FROM ANY CLAIM CONNECTED IN ANY WAY WITH YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE ARISING FROM CONTENT OR PRODUCTS PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN WHERE THE POSSIBILITY OF SUCH DAMAGES HAS BEEN COMMUNICATED.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fawelivo, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against losses, liabilities, damages, claims, and reasonable legal fees owed to a third party arising from or relating to (1) your violation of these Terms of Service or any documents incorporated into them by reference, (2) your breach of any law or infringement of third-party rights, or (3) your access to or use of the Services. We will provide notice of claims eligible for indemnification, although failure to promptly notify you will not remove your obligations unless that delay materially prejudices you. At your expense, we may control the defense and settlement of any such claim, including the selection of legal counsel, but we will not agree to a settlement imposing non-monetary obligations on you without your consent, which may not be unreasonably withheld. You agree to cooperate with the defense of any indemnified claim, including by supplying relevant documentation.

SECTION 18 – SEVERABILITY

If any provision contained in these Terms of Service is found to be unlawful, invalid, void, or unenforceable, that provision will nevertheless be enforced to the maximum extent permitted by applicable law. Any portion that cannot legally be enforced will be treated as severed from these Terms of Service, without affecting the validity or enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any provision or right under these Terms of Service will not be considered a waiver of that provision or right. These Terms of Service, together with any policies and operating rules published by us on this website or relating to the Services, form the entire agreement and understanding between you and us regarding your use of the Services and replace all prior or contemporaneous communications, proposals, arrangements, or agreements, whether written or oral, including any previous version of these Terms of Service. Any uncertainty or ambiguity in interpreting these Terms will not automatically be interpreted against the party responsible for drafting them.

SECTION 20 – ASSIGNMENT

You may not transfer, assign, or delegate this Agreement or any rights or responsibilities arising under these Terms without receiving our prior written consent. Any attempted transfer, assignment, or delegation made without such approval will be invalid. We may assign, delegate, or transfer these Terms and any of our rights or obligations without obtaining your consent or giving you notice.

SECTION 21 – GOVERNING LAW & DISPUTE RESOLUTION

These Terms of Service and any separate agreement through which we provide the Services to you are governed by and interpreted in accordance with the laws of the State of Colorado, United States. Any dispute, disagreement, controversy, or claim arising from or connected with this agreement, including questions concerning its formation, existence, validity, meaning, performance, breach, or termination, will be submitted to and finally determined through arbitration administered by the American Arbitration Association (AAA). You agree that all dispute resolution proceedings will take place only on an individual basis and not as part of a class, consolidated, or representative proceeding.

SECTION 22 – HEADINGS

Section headings included in this agreement are provided solely for convenience and do not limit, modify, or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS

The latest version of these Terms of Service may be reviewed at any time on this page. We reserve the right, at our sole discretion, to revise, modify, update, or replace any portion of these Terms by publishing changes on our website. You are responsible for periodically reviewing the website for updates. Where required by applicable law, we will notify you about material revisions to these Terms, and those revisions will become effective on the date stated in the applicable notice. Your continued access to or use of the Services after revised Terms are published constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Email: support@fawelivo.com

Phone: (254) 401-5499

Address: Hong Kong PoNoire Limited ROOM 1903, 19/F, LEE GARDEN ONE, 33 HYSAN AVENUE, CAUSEWAY BAY, HONG KONG