Terms of Service

Overview

Welcome to FOTRIC. The terms “we,” “us,” “our,” and “FOTRIC” refer to FOTRIC USA INC. FOTRIC USA INC. operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”).

FOTRIC is powered by Shopify, which enables us to provide the Services to you. These terms and conditions, together with any policies referenced herein, constitute these Terms of Service or “Terms” and describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are legally permitted to enter into a binding agreement in your jurisdiction.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide to us is correct, current, complete, and that you have all rights necessary to provide that information.

You are responsible for maintaining the security of your account credentials and for all activity carried out through your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We make reasonable efforts to provide accurate representations of our products and services in our online store. However, colors and product appearance may differ from how they appear on your screen because of your device, display settings, or configuration.

Product images, descriptions, specifications, and other information are provided for general informational purposes and may be updated from time to time. Such changes do not affect an order that has already been accepted unless otherwise permitted by applicable law.

We reserve the right to discontinue products or limit the quantities of products offered to any person, geographic region, or jurisdiction where permitted by applicable law.

Section 3 – Orders

When you place an order, you are making an offer to purchase the selected products. FOTRIC reserves the right to accept or decline an order where permitted by applicable law.

Your order is not accepted until FOTRIC confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as cancellation requests may not be possible after an order has been accepted or shipped.

If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided when the order was placed.

Returns and refunds are handled in accordance with our Refund Policy. Nothing in the Refund Policy or these Terms limits any mandatory statutory consumer rights, including applicable withdrawal, conformity, repair, replacement, price-reduction, or refund rights.

Unless otherwise agreed in writing, purchases made through this store are intended for personal use or internal business use and not for unauthorized commercial resale.

Section 4 – Prices and Billing

Prices, discounts, and promotions may change from time to time. The price charged for a product or service will be the price shown when the order is placed and will be stated in your order confirmation.

Any applicable taxes, shipping charges, handling charges, customs duties, or other charges will be shown at checkout or in your order confirmation, unless otherwise stated.

Prices shown in our online store may differ from prices offered in physical stores or in online stores operated by third parties.

We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the promotion terms and these Terms, the promotion terms will apply to the extent of that conflict.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You represent and warrant that:

1. The payment information you provide is true, correct, and complete;
2. You are authorized to use the payment method provided;
3. Charges incurred by you will be honored by your payment provider; and
4. You will pay all amounts stated in your order confirmation.

Section 5 – Shipping and Delivery

We will provide estimated delivery times at checkout or in your order confirmation. Delivery times are estimates and may be affected by carriers, customs processing, weather, or other events outside our reasonable control.

We are not responsible for delays caused by events outside our reasonable control. Nothing in this section limits any mandatory rights you may have under applicable law regarding delayed delivery, non-delivery, or loss of goods.

Section 6 – Intellectual Property

Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by FOTRIC, its affiliates, or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for lawful personal or internal business purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except where permitted by applicable law.

Except as expressly provided in these Terms, nothing grants you any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to FOTRIC, Shopify, or any third party.

FOTRIC’s names, logos, product names, service names, designs, and slogans are trademarks of FOTRIC or its affiliates or licensors. You must not use these trademarks without prior written permission.

Section 7 – Optional Tools

We may provide access to tools offered by third parties as part of the Services. We do not monitor, control, or provide input into those third-party tools.

To the extent permitted by applicable law, such tools are provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind. We are not responsible for losses arising from or relating to your use of optional third-party tools, except where liability cannot be excluded under applicable law.

Any use of optional tools offered through the Services is at your own risk and discretion. You should review the terms under which those tools are provided by the relevant third-party provider.

Section 8 – Third-Party Links

The Services may contain materials and hyperlinks to websites or services provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, or availability of third-party materials or websites. If you access third-party websites through the Services, you do so at your own risk.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

Section 9 – Relationship with Shopify

FOTRIC is powered by Shopify, which enables us to provide the Services. However, sales and purchases made through our store are made directly between you and FOTRIC.

Shopify is not responsible for any aspect of sales between you and FOTRIC, including products purchased through our store. To the extent permitted by applicable law, you release Shopify and its affiliates from claims arising from or relating to your purchases or transactions with FOTRIC.

Section 10 – Privacy Policy

Personal information collected through the Services is subject to our Privacy Policy.

Certain personal information may also be processed by Shopify and other service providers involved in operating the store. Shopify’s privacy practices are described in its Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process information about your access to and use of the Services in order to provide and improve its services. Information submitted through the Services may be transmitted to and shared with Shopify and other service providers located in countries different from your country of residence, as described in our Privacy Policy.

Section 11 – Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively referred to as “Feedback,” you grant FOTRIC a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for purposes related to operating, improving, and promoting the Services.

You represent and warrant that:

1. You own or have the necessary rights to provide the Feedback;
2. You have disclosed any compensation or incentives received in connection with the Feedback; and
3. Your Feedback complies with these Terms and applicable law.

We are not required to keep Feedback confidential, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we reasonably believe is unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable.

Section 12 – Errors, Inaccuracies and Omissions

Information on or in the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel an order where permitted by applicable law. Any mandatory consumer rights remain unaffected.

Section 13 – Prohibited Uses

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:

1. For any unlawful, fraudulent, or malicious purpose;
2. To violate applicable laws, regulations, rules, or local ordinances;
3. To infringe or violate our intellectual property rights or the rights of others;
4. To harass, abuse, insult, harm, defame, intimidate, or threaten any person;
5. To transmit false, misleading, or fraudulent information;
6. To upload, download, use, or distribute material that violates these Terms;
7. To send spam, chain letters, or other unauthorized promotional communications;
8. To impersonate another person or entity; or
9. To interfere with another person’s use or enjoyment of the Services.

You also agree not to:

1. Upload or transmit viruses, malware, or other malicious code;
2. Reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services;
3. Collect or track the personal information of others without authorization;
4. Spam, phish, pharm, or use pretexting techniques;
5. Use robots, spiders, scraping tools, data-gathering tools, automatic devices, or other automated processes to access or extract data from the Services without our prior written permission, except as permitted under Section 14; or
6. Interfere with, bypass, or circumvent security, authorization, robot exclusion, or access-control measures used by us.

We may suspend, disable, or terminate access to an account if we reasonably determine that the account has been used in violation of these Terms or applicable law.

Section 14 – Agents

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed using a person’s device without direct supervision.

14.2 An Agent may access, use, or interact with the Services only if it identifies itself and operates in accordance with this Section 14. An Agent must not access, use, or interact with the Services after we have requested that it stop doing so.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

14.4 Agents must:

1. Identify that the request is from an Agent in all HTTP or HTTPS requests by including “Agent/[agent name]” in the user-agent string;
2. Not conceal or misrepresent that access or interaction is provided by an Agent;
3. Not mimic human behavior or interaction patterns for the purpose of bypassing controls;
4. Not complete or circumvent CAPTCHAs or other measures designed to distinguish computer use from human use;
5. Respond truthfully to questions asking whether an interaction is coming from a human or a computer; and
6. Not circumvent measures intended to block, limit, modify, or control Agent access to the Services.

Section 15 – Termination

We may terminate or suspend your access to the Services, or any part of them, where permitted by applicable law if we reasonably believe that you have violated these Terms or applicable law.

You remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 – Disclaimer of Warranties

Information presented on or through the Services is made available for general informational purposes. We do not warrant that such information is accurate, complete, or useful for every purpose.

Any reliance you place on such information is at your own risk. We are not responsible for losses arising from reliance on such information, except where liability cannot be excluded under applicable law.

EXCEPT AS EXPRESSLY STATED BY FOTRIC, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Nothing in this section excludes or limits any mandatory statutory consumer rights, legal guarantees, product conformity rights, or other rights that cannot legally be excluded or limited.

Section 17 – Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FOTRIC, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS, DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

This limitation does not apply to liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, product liability, or mandatory consumer rights.

Section 18 – Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless FOTRIC, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from:

1. Your breach of these Terms;
2. Your violation of applicable law; or
3. Your violation of the rights of another person or entity.

This obligation does not apply to the extent that a claim results from FOTRIC’s own breach, negligence, or unlawful conduct.

Section 19 – Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law. The unenforceable portion will be treated as severed from these Terms, and the remaining provisions will remain valid and enforceable.

Section 20 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with the policies and operating rules posted by us on this website, constitute the entire agreement between you and us regarding your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including previous versions of these Terms.

Section 21 – Assignment

You may not delegate, transfer, or assign these Terms or any rights or obligations under them without our prior written consent.

We may transfer, assign, or delegate these Terms and our rights and obligations where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of laws principles. You and FOTRIC consent to venue and personal jurisdiction in the state and federal courts located in the State of California.

Section 23 – Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website.

We will notify you of material changes where required by applicable law. Any changes will become effective on the date specified in the notice.

Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes, to the extent permitted by applicable law.

Section 25 – Contact Information

Questions about these Terms of Service may be sent to the contact details below: