Terms & Conditions
By purchasing a product from the Fraîche at Home online store (the “Online Store”), you agree to comply with and be legally bound by the following terms (the "Online Store Terms") in addition to our general Terms and Conditions and Privacy Policy, all of which govern your relationship with Fraiche Nutrition Inc. (“us”, “we”, “our”) and the websites operated by us.
Please read these Online Store Terms carefully before making any purchases from our Online Store.
1. Online Store Terms Subject to Amendment
These Online Store Terms are subject to change without notice. By making a purchase from our Online Store, you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our Online Store will be subject to these Online Store Terms.
2. Cancellation and Refunds
We stand by the quality of our merchandise. Should you not be happy with the apparel you have purchased, we will happily offer you a refund or exchange within 30 days of purchase. However, please note that we do not offer refunds or exchanges on any art prints, cards, digital downloads, or other digital products (collectively referred to as the “Artistic Products”). All sale items are final sale.
All returned apparel must be in their original condition, unwashed, and with all tags still attached. Please email customerservice@fraicheathome.com with your order number and the email used for your purchase to start the return/exchange process. Once we have received your returned item, a refund will be processed to the original method of payment. If you are looking to exchange the apparel you purchased, please include details of the item you would like to receive in exchange.
We are not responsible for return shipping costs and recommend using a trackable shipping service as we cannot otherwise guarantee that we will receive your item. Please ship your return to the following address:
101-1865 Suite 524
Dilworth Dr
Kelowna BC V1Y 9T1
Canada
3. Copyright
All of our products are copyrighted works and are owned or licensed by us, unless otherwise specified. Your purchase does not entitle you to redistribute or resell the products in any form.
4. Licence of Artistic Products
When you purchase an Artistic Product from the Online Store, we grant you an ongoing, non-exclusive, non-transferable, worldwide license to use the product you have purchased. By purchasing an Artistic Product, you do not gain ownership over the Artistic Work, nor can you claim the product as your own.
Artistic Products are intended for personal use only and may not be used for any professional, commercial, or other business purposes.
5. Usage and Storage of Digital Downloads
Any digital downloads purchased from the Online Store may only be used by the purchaser. You may not modify, share, sell, or copy digital downloads purchased from the Online Store.
You are responsible for the appropriate storage and backup of any purchased digital downloads. We are not responsible for any lost files.
6. No Representations or Warranties
Our Online Store and the products offered through our Online Store are made available to you on an “as is” basis. We expressly deny any and all warranties and representations, express or implied, regarding the products offered in the Online Store. For greater certainty, we do not represent nor warrant that the purchase of our products will satisfy your purposes nor that use of the Online Store will be uninterrupted or free of inaccuracies.
7. International Use
We make no representations that the products sold on the Online Store are appropriate or available for use in locations outside Canada. If you access the Online Store from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.
8. Taxes
All pricing for our products is exclusive of PST and any other applicable taxes. Applicable taxes will be calculated during checkout at the rate and in the manner prescribed by applicable laws from time to time.
9. Limited Liability
We take no responsibility for, and will not be liable for, any error or inaccuracies in any product or the Online Store being temporarily unavailable due to technical issues beyond our control. We are not responsible for any loss or damage, including without limitation loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of our products or the Online Store.
We reserve the right at any time and from time to time to modify, discontinue, or otherwise make unavailable, temporarily or permanently, the Online Store, or any part thereof, with or without notice and solely at our discretion. We will not be liable to you or any third party for any loss or damage relating to such modification, discontinuance, or unavailability of the Online Store. Any claim against us shall be limited to the amount you paid, if any, for purchases made from the Online Store.
10. Changes to the Online Store, Products, or Pricing
In connection with any purchase of products from the Online Store, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. We have the right to change any of the features of the Online Store or the products being offered in the Online Store. We also reserve the right to change any prices and initiate any new pricing in connection with products being offered in the Online Store.
11. Indemnity
You agree to indemnify and hold harmless Fraiche Nutrition Inc. and its affiliates, and their respective directors, officers, shareholders, employees, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of the Online Store, your violation of these Online Store Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Online Store. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you shall provide us with such cooperation as is reasonably requested by us.
12. Privacy
The information that we collect about you when you access the Online Store or purchase products from the Online Store is subject to our Privacy Policy. Please see our full Privacy Policy.
13. Severability
The invalidity or unenforceability of any provision of these Online Store Terms shall not affect the validity or enforceability of any other provision of these Online Store Terms and any such invalid or unenforceable provision shall be deemed to be severable.
14. Waiver
No waiver of any breach of any provision of these Online Store Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by the waiving party.
15. Assignment
We have the right to assign these Online Store Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
16. Jurisdiction
The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Online Store Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of services or materials by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.
17. Contact
If you have any questions or concerns about our Online Store Terms, please contact us in writing at customerservice@fraicheathome.com.