Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Fitvian. Throughout these Terms of Service, the terms "we," "us," and "our" refer to Fitvian. Fitvian 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").
Fitvian is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies posted on our website, describe your rights and responsibilities when using our Services.
Please read these Terms carefully, as they contain important information regarding your legal rights, including limitations of liability and warranty disclaimers.
By accessing or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy:
https://fitvian.myshopify.com/policies/privacy-policy
If you do not agree to these Terms, you may not access or use our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have given consent for any minor dependents under your supervision to use the Services.
To use certain Services, you may be required to provide information such as your email address, billing address, shipping address, and payment details. You represent and warrant that all information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, or assign your account to any third party.
SECTION 2 - OUR PRODUCTS
We strive to display our products as accurately as possible. However, we cannot guarantee that your device's display of colors or product appearance will be completely accurate.
We do not guarantee that products will fully meet your expectations.
We reserve the right to modify, discontinue, or replace products at any time without prior notice.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase products from Fitvian.
We reserve the right to accept, reject, cancel, or limit any order at our sole discretion.
An order is not considered accepted until it has been confirmed by us.
All purchases are subject to our Return & Refund Policy.
You represent that purchases made through our store are for personal use only and not for resale or commercial distribution.
SECTION 4 - PRICING AND BILLING
Prices are subject to change without notice. The price applicable to your purchase will be the price displayed at the time the order is placed.
Prices do not include taxes, shipping charges, customs duties, or import fees unless otherwise stated.
You agree to provide current, complete, and accurate billing and payment information. You represent that you are authorized to use the payment method provided.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays caused by shipping carriers, customs authorities, weather conditions, or circumstances beyond our reasonable control.
Delivery times are estimates only and are not guaranteed.
Risk of loss and title for products pass to you upon delivery of the products to the carrier.
SECTION 6 - INTELLECTUAL PROPERTY
All content available on this website, including text, graphics, logos, images, designs, trademarks, service marks, and other materials, is owned by Fitvian or its licensors and is protected by applicable intellectual property laws.
No content may be copied, reproduced, distributed, modified, or used for commercial purposes without our prior written consent.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we neither monitor nor exercise control.
Such tools are provided "as is" and "as available" without warranties or endorsements of any kind.
Your use of such tools is entirely at your own risk.
SECTION 8 - THIRD-PARTY LINKS
Our website may contain links to third-party websites or services.
We are not responsible for the content, accuracy, policies, or practices of any third-party websites.
Accessing third-party websites is at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Fitvian is hosted on Shopify. However, all purchases are made directly from Fitvian.
Shopify is not responsible for any transaction, claim, dispute, damage, or liability arising from purchases made through this store.
SECTION 10 - PRIVACY
Your submission of personal information through the Services is governed by our Privacy Policy:
https://fitvian.myshopify.com/policies/privacy-policy
SECTION 11 - FEEDBACK, COMMENTS, AND SUBMISSIONS
If you submit ideas, suggestions, reviews, comments, or other content, you grant Fitvian a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content for commercial purposes.
You are solely responsible for any content you submit.
SECTION 12 - ERRORS AND INACCURACIES
Occasionally there may be typographical errors, inaccuracies, or omissions on our website relating to product descriptions, pricing, promotions, shipping information, or availability.
We reserve the right to correct any errors and update information at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may not use the website or Services for any unlawful, fraudulent, abusive, or harmful purpose, including activities that interfere with the operation of the Services or infringe upon the rights of others.
SECTION 14 - AUTOMATED AGENTS
If you use automated software, bots, crawlers, or AI agents to access our Services, such tools must properly identify themselves and comply with our technical, security, and operational requirements.
We reserve the right to restrict or block automated access at our discretion.
SECTION 15 - TERMINATION
We reserve the right to suspend, restrict, or terminate your access to the Services at any time if you violate these Terms or engage in conduct that we determine to be harmful to our business or users.
SECTION 16 - DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, FITVIAN DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITVIAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fitvian and its affiliates, officers, directors, employees, and agents from any claim, liability, damage, loss, or expense arising out of your breach of these Terms.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 20 - ENTIRE AGREEMENT
These Terms of Service, together with any policies referenced herein, constitute the entire agreement between you and Fitvian regarding the use of the Services.
SECTION 21 - ASSIGNMENT
We may assign, transfer, or delegate our rights and obligations under these Terms without prior notice.
SECTION 22 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdiction where Fitvian maintains its principal place of business, without regard to conflict of law principles.
SECTION 23 - HEADINGS
The headings used in these Terms are provided for convenience only and shall not affect the interpretation of any provision.
SECTION 24 - CHANGES TO THESE TERMS
We reserve the right to update, modify, or replace any part of these Terms at any time by posting changes on this website.
Your continued use of the Services following the posting of changes constitutes acceptance of those changes.
The current version of these Terms is available at:
https://fitvian.myshopify.com/policies/terms-of-service
SECTION 25 - BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
25.1 Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services, you agree to first contact us at 📩 joelandrinoarce@gmail.com and attempt to resolve the issue informally. Both parties agree to make a good faith effort to resolve the dispute before initiating any formal proceedings.
25.2 Binding Arbitration
If the dispute cannot be resolved informally, it shall be resolved exclusively through binding arbitration, rather than in court, except where prohibited by law.
The arbitration will be conducted in English and administered by a recognized arbitration provider in the United States. The decision of the arbitrator shall be final and binding.
You and Fitvian waive the right to a trial by jury or to participate in a court proceeding, except as otherwise required by applicable law.
25.3 Class Action Waiver
To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action.
You expressly waive any right to participate as a plaintiff or class member in any purported class action lawsuit or class-wide arbitration.
25.4 Exceptions
Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
25.5 Severability
If any part of this arbitration section is found to be unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 26 - CONTACT INFORMATION
Questions regarding these Terms of Service may be directed to:
Fitvian