TERMS + CONDITIONS
If you have any questions or concerns about these Terms and Conditions, please email us at firstname.lastname@example.org.
This agreement is in effect as of 6/10/2022
- “Seller” or “Company”, FPI “us”, “our” and “we” are references to the owner of this Website, FPI, whose registered office is 9 West 69th Street, Apt PR New York, NY 10023.
- “Buyer”, “you”, “your” and “yourself” are references to the user or viewer of this Website and purchaser of the Goods from us;
- “Goods” means any tangible or intangible products purchased or ordered either directly or indirectly through the Website;
- “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods on freepressink.com which incorporates this User Agreement;
- “User Agreement” or “Terms” means these Terms and Conditions;
- “Website” or “Site” means the freepressink.com website and all related content and mobile applications;
- “Materials” means the information, resources, services, products, and tools we provide for you, either directly or indirectly through this Site.
This User Agreement may change at our discretion at any time and without prior notice. All orders and purchases of Goods are governed by this User Agreement. The purchase of Goods through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with the laws of the jurisdiction of their residence. By entering this Website you agree that you will access the content solely for your personal and non-commercial use. This User Agreement applies to the purchase of goods from www.freepressink.com only.
FPI Goods are for sale strictly to individuals 18 years of age and older. Misrepresentation of a Buyer’s age is not the responsibility of the Seller.
3. YOUR ORDER
Please read the following carefully about placing an order for Goods on www.freepressink.com
- In order to make purchases through the Website, the Buyer will be requested to register and provide personal details. In particular, Buyer must provide their real name, phone number, email address, mailing address, billing address, and other requested information as indicated.
- When ordering items, you as the Buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
- When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in this User Agreement.
- All orders are subject to acceptance and availability. We reserve the right not to accept the Buyer’s order in the event, for example:
- we are unable to obtain authorization for payment; or
- the item ordered is out of stock; or
- the order placed is incomplete or inaccurate due to technical or other reasons beyond our control.
In such cases an order placed by Buyer will not be accepted and the Contract between Buyer and Seller will not be formed.
- Unless the Buyer cancels the order in accordance with our Cancellation policy, acceptance of the order and completion of the Contract between Buyer and Seller will be perfected when we send an email to you confirming acceptance of your order.
- The Website displays Goods, which form its collection. They are normally Goods that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly. Should this be the case, you can contact our customer care department at email@example.com who will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.
Prices for our Goods are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The prices of Goods (inclusive of any applicable shipping fees, sales taxes, and processing fees) displayed on the Website at the time the order is accepted will be honored. Prices are subject to change without notice.
From time to time, We may offer discounted or promotional rates on our Goods. You acknowledge that any discounts or promotions are only applicable if the discount or promotion is clearly set out as applicable on our Website.
Payments for Goods must be made at the time the order is placed through this Website. Payment can be made by American Express, Visa, MasterCard, PayPal, and Discover. Available payment methods may vary from time to time and region to region. In all cases, the Contract between Buyer and Seller will not be completed and delivery will not occur until we are satisfied that the payment has cleared. All Payments are exclusive of any taxes or duties imposed by your jurisdiction’s tax law. We will not be responsible for any taxes or duties owed by you.
We are not liable for any payments that are not completed because: (1) your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account; (2) you have not provided us with correct payment account information; (3) your credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force)
All credit card transactions on the Website are processed using a secure online payment platform that encrypts your card and/or banking details in a secure host environment. The Seller does not hold any credit card details on our Website or in our customer database.
6. DELIVERY FOR PHYSICAL GOODS
Please carefully review the following delivery guidelines before placing your order so you may choose the delivery option most suitable for you:
- The Seller will give the Buyer an estimated delivery date for the Goods, but no such estimated times or dates provided by us are guaranteed. Delivery times are never guaranteed. Orders may take up to 2-3 business days for processing and fulfillment from when the order is placed, and daily cutoff time is 2pm Eastern Time.
- The Seller will arrange for packing and shipping according to the method of delivery chosen by the Buyer during the checkout process.
- Any risk of loss for the purchased Goods passes to the Buyer at the time shipping carrier (i.e. USPS, UPS, Fedex, etc.) takes possession of the Goods.
- FedEx and UPS do not provide delivery service to PO Boxes. If you are having an order shipped to a PO Box please select accordingly, so that the package is not delayed and/or returned.
- In the case that the Goods have been damaged in transit, the Buyer must keep all packaging, as this may be required when making a claim.
- The Seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the Goods when such delay is due to causes beyond the reasonable control of the Seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, epidemic/pandemic or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.
7. RETURNS AND EXCHANGES
If you are not satisfied with your purchase of the Physical Product(s), FPI’s return policy allows you to return the Product purchased within a 14 day period following date of delivery by FPI. If the Product is returned undamaged in its original condition we will exchange it or offer a refund of the purchase price paid (shipping charges paid will not be refunded), which refund will be made by crediting the account used to make the original purchase.
You may submit or receive a user name, password or other confidential information as part of using or accessing our Site. As part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Registration Details are personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your Registration Details or any other breach of security by emailing us at firstname.lastname@example.org. You also agree to ensure that you exit from the Site at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Registration Details. We have the right to disable any user name, password or other identifier, whether submitted by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
9. OPT-IN OPT-OUT POLICY
Generally, items ordered from this Site are shipped out 48-72 hours from the time that the order was submitted. To cancel an order, please contact customer service at email@example.com as soon as possible.
11. RESPONSIBLE USE AND CONDUCT
By visiting this Website and accessing the Materials, you agree to use these Materials only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You hereby agree that:
- Any warranty, express or implied, shall be voided by improper use.
- In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Materials. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Materials, including the servers and/or networks to which our Materials are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on this Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. you understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- contains any type of unauthorized or unsolicited advertising;
- impersonates any person or entity, including any FPI employees or representatives.
- We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
12. LIMITATION OF WARRANTIES
By using this Website, you understand and agree that all Goods and Materials we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- the use of our Website and Materials will meet your needs or requirements.
- the use of our Website and Materials will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Website and Materials will be accurate or reliable, and
- any defects in the operation or functionality of our Website and Materials will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from FPI or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE LIMITED PRODUCT WARRANTY, FPI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR FPI GOODS OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FPI OR THROUGH ANY FPI PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- FPI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FPI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to indemnify, defend, and hold harmless FPI and its parent company, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of this User Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
14. LIMITATION OF LIABILITY
IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF GOODS AND/OR MATERIALS. FPI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR GOODS AND MATERIALS, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.
15. INTELLECTUAL PROPERTY
Limited License. You acknowledge and agree that the content on our Website and our Materials or resources relating to the content on our Website and our Materials are our sole and exclusive intellectual property. You will have a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access to the content on our Website and our Materials. This limited license is only for your personal, non-commercial use. You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the content on our Website and our Materials, without our express prior written consent. In the event that you are licensed or otherwise authorized to use the content on our Website and our Materials, you agree to name us as your source of information and cite our Website and Materials.
Intellectual Property Assignment. You hereby assign all rights, title, and interest and give us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to any intellectual property you may directly or indirectly create in using our Website and Materials, which include the use of your name and likeness in connection with using our Website and Materials. You shall cooperate with us in obtaining execution of all necessary paperwork to perfect our title in such intellectual property including, but not limited to, intellectual property assignment and transfer contracts, documentation for registration and recordation with the United States Copyright Office, the United States Patent and Trademark Office, the World Intellectual Property Organization and any other government or non-government entity throughout the world, and/or any other formalities that may be required by applicable national and international laws and treaties.
Intellectual Property Enforcement. Our Website and Materials are protected by applicable copyright, trademark law and/or any other form of intellectual property law. We reserve the right to pursue all legal and equitable remedies for any unauthorized reproduction, copying, duplication, distribution, lending, selling, or otherwise transfer or disclosure of our Services and Materials to enforce our intellectual property rights.
16. COPYRIGHT INFRINGEMENT
If you believe that any of our Website content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
We ask for your cooperation in protecting intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to FPI or written documents to the address of the Designated Agent below that include the following information:
- a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
- a description of the copyrighted work that you claim has been infringed
- a description of where the material that you claim is infringing is located on the site
- your address, telephone number, and email address
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- a statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (our Designated Agent for Notice of claims of copyright infringement is: New York Registered Agent LLC 90 State St. STE 700 Office 40, Albany, NY 12207.
Under the appropriate circumstances, it is our policy to remove and/or to disable access from our site to webpages of infringers, to terminate subscribers and account holders who infringe, and to remove and/or to disable access from us to webpages as to which there have been steps taken for the purpose of affecting our search results such as adding inappropriate “meta-tags.”
17. TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Materials with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Materials we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
18. GOVERNING LAW
This Website is controlled by FPI from our offices located in New York, NY, United States of America. It can be accessed by most countries around the world. As each country has laws that may differ from those of New York, NY United States of America by accessing our Website, you agree that the statutes and laws of New York, NY United States of America without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any products or services through this Site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located New York, NY United States of America. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Each party shall pay its own costs and expenses, including reasonable attorney fees, in enforcing the provisions of this Agreement or in recovering any claims or damages arising from a breach of this Agreement.
Any notice required or permitted to be given under this Agreement must be in writing and may be delivered in person, by registered mail, facsimile, or by overnight courier addressed to the Company Address set forth in the introduction of this Agreement or a changed address as may be given by the Company by written notice. Any notice will be considered to have been given when personally delivered or five business days after the date of mailing or one business day after the date of forwarding if sent by facsimile or overnight courier.
20. FORCE MAJEURE
FPI is not responsible for delays or failures to perform its responsibilities under this User Agreement due to causes beyond its control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, pandemics, strikes or other labor problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, malicious code, denial of service attacks, and inability to obtain energy.
21. ENTIRE AGREEMENT
The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of any other provision of these Terms. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms are to be construed as if the invalid provision had never been included in these Terms.
No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right.