Effective Date: March 2, 2020
USE OF THE SERVICES
ADDITIONAL TERMS AND CONDITIONS
If you elect to receive texts from us, you acknowledge and agree to be bound by the following terms:
You represent and warrant to us that you are authorized: (i) you are the owner of the mobile phone number you designate in Follain’s system to receive communications from Follain via Short Message Service or text (” Texts”), and (ii) you are solely responsible for any mobile message or data charges that may be incurred by communicating with us via Texts. You may register to receive Texts by entering and submitting your phone number in any provided submission form available on our Site. By entering your phone number and/or by confirming your desire to receive Texts from us, you consent to these terms and to receive Texts regarding your inquiries and/or products you order. By agreeing to receive Texts, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at firstname.lastname@example.org with “Revoke Electronic Consent” in the subject line.
In order to cease receiving Texts, you may unsubscribe by replying STOP, QUIT, CANCEL, UNSUBSCRIBE, and/or END to any text message you receive or contacting Follain Customer Service by email at email@example.com. You consent that following such a request to unsubscribe, you may receive one (1) final message from Follain confirming that you have been inactivated in our system. Please allow up to three (3) business days to process your request. Following such confirmation message, no additional text messages will be sent to you unless you re-activate your subscription to receive messages.
Follain is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
You acknowledge and agree that the Texts may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By subscribing to receive Texts, you expressly consent to receive the Texts through automatic dialing technology, artificial and pre-recorded voice to the telephone or cell phone number you have provided to us.
CLAIMS OF COPYRIGHT INFRINGEMENT
Follain respects the intellectual property of others, and we ask our users to do the same. Follain may, at its discretion, disable and/or terminate the accounts of users of the Services who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Follain with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent at the address below):
Follain’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
268 Summer Street 6th Floor
Boston, MA 02210
By email: firstname.lastname@example.org
Follain may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
UNAVAILABILITY OF SERVICES; TERMINATION; FRAUD
The Services may be accessed from countries other than the United States. The Services may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Services outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMERS; LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOLLAIN DISCLAIMS ANY WARRANTIES THAT ACCESS TO OR USE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.
EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT SHALL FOLLAIN OR ITS PARENTS, SUBSIDIARIES, DIVISIONS OR AFFILIATES OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “RELEASEES”) BE LIABLE TO YOU, ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES, ANY CONTENT OR INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY FOLLAIN OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ANY RELEASEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASEES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO FOLLAIN IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASEES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF FOLLAIN.
Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
We may give notice to you by email, a posting on the Site or other reasonable means. You must give notice to us in writing via email to CUSTOMERSERVICE@FOLLAIN.COM or as otherwise expressly provided.
GIFT CARD TERMS AND CONDITIONS
PROMOTIONAL CARD AND PROMOTIONAL CODE TERMS AND CONDITIONS
Follain Clean Points Terms and Conditions
Membership in the Rewards Program is offered by Follain to all individuals who create an account on the Follain Site or at a Follain retail location (“Members,” “you,” or “your”) and is free of charge.
Your membership is non-transferable and you may only have one (1) membership at a time. We reserve the right to terminate any account for any reason.
Earning Clean Points
You will earn Clean Points based on the U.S. dollar amount that you pay for products at Follain, excluding tax, tips, donations, discounts, delivery fees, purchases made with Clean Points, or other promotional credit or forms of Follain provided compensation (“Qualifying Spend”). Purchases made before becoming a Member will not be counted as Qualifying Spend.
Purchases of Gift Cards will not generate Qualifying Spend. However, products paid for by Members using a Gift Card will be eligible for Qualifying Spend. The portion of any purchases made through the use of Clean Points is not Qualified Spend.
In addition to Qualified Spend, Members can earn additional Clean Points for the following activities:
Follain may provide Clean Points incentives from time to time, related to a specific product or group of products for a fixed period of time.
If you cancel your order, you will not earn Clean Points on that purchase.
Using Clean Points
You may use your Clean Points when you purchase products at the Follain Site or in Follain stores. Each 200 points applied to a purchase of products shall reduce the purchase price you must pay by $6.00, but you may only use up to 1,000 Clean Points on a single purchase.
If you used Clean Points on a canceled order, those Clean Points will be credited back to your account.
Points cannot be used to purchase Gift Cards or gift certificates.
Other Terms and Conditions
Orders placed by or on behalf of third party aggregators, groups, organizations, and business entities will not generate Qualifying Spend or entitle you to receive Clean Points. Follain reserves the right to delay, suspend, recalculate, reduce or revoke any Qualifying Spend or Clean Points, if Follain determines that the Rewards Program terms or conditions have not been satisfied.
Your Qualifying Spend is non-transferable and cannot be combined with the Qualifying Spend of other Members.
Clean Points are promotional in nature and have no cash value and are not exchangeable for cash or any cash equivalent under any circumstances. Clean Points have no value outside of this Rewards Program. Clean Points cannot be assigned, exchanged, sold, traded, bartered, purchased, given by gift or otherwise transferred.
E-mail Communications. By participating in the Rewards Program, you agree to receive e-mail communications from Follain regarding the Rewards Program, including without limitation, communications regarding your Qualifying Spend, Clean Points, and membership level status; incentives; promotions and events; new products; Rewards Program expiration notifications; and commercial messages which may be of interest to you. To unsubscribe from Follain’s commercial e-mails, use the unsubscribe link in any commercial e-mail message you receive. If you request to unsubscribe, you may still receive administrative or transactional e-mails from time to time regarding your account, product purchases or returns, and updates to this Agreement.
Rewards Program Termination/Modification. Follain may terminate the Rewards Program at any time, with or without notice. Any Clean Points accumulated and not used prior to the termination of the Rewards Program shall be forfeited without compensation. Follain reserves the right to modify and interpret any of the rules, terms, conditions, and benefits of the Rewards Program in its sole discretion, with or without notice, and all such decisions will be final.
SHIPPING AND DELIVERY POLICY
As part of the order procedure, you will be asked to select your preferred shipping method, and your shipping cost, if any, will depend on the method you select. We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the site before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
Most items will ship via common carrier (such as DHL, UPS, FedEx, or USPS) and require a valid shipping address. Some carriers generally will not ship to a P.O. Box or military address.
SHIPPING COSTS AND TIMING
During the ordering procedure, we will inform you of the estimated time required for delivery and the various forms of delivery available for the goods purchased. We provide free standard ground shipping on orders over $50 to most destinations in the United States.
In some cases, certain delivery options may not be available, may require additional shipping fees, or may take longer. Items subject to these additional shipping and delivery charges will be displayed during the ordering procedures and may not be eligible for any reduced or free shipping offers.
All product orders generally ship within 2 days after the date on which the order is placed. A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order. Please be advised that deliveries are not typically made on weekends or holidays.
If your order or a part of your order is not able to ship without material delay for any reason, Customer Service will contact you to provide more detail and an estimated shipping date.
RETURN POLICY AND PRODUCT WARRANTY
Unless otherwise noted at the time of purchase, you may, within thirty (30) days of purchase or receipt of the product (whichever is later), return or exchange any product purchased on the Follain Site or in a Follain store for a refund in the case of an unopened product, or credit to be used at our Site or in our stores in the case of an opened product. Items must be in the original packaging (including, if possible, the original delivery box) and be accompanied by the original invoice. Gift Cards cannot be returned.
The foregoing right to return is Follain’s sole limited product warranty for products you purchase on our Site or in our stores, and is only available to the original purchaser. THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPLACEMENT OR REFUND AS DESCRIBED ABOVE.
To return an eligible item, you may request a return label by contacting Customer Service at email@example.com
After your item is received and inspected, in most cases your refund will be processed and a credit will be automatically applied to your credit card or original method of payment. For returns related to products purchased during certain events, such as private sale events, your refund may be credited in the form of an electronic Gift Card, as noted at the time of purchase. Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied to post to your account. Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price plus applicable sales tax (if any). If a Gift Card was utilized in the original purchase, we will issue a new Gift Card for the value of the return refund. If the credit card used in connection with the purchase is expired or invalid, the refund will transfer over to your new card if it is with the same bank. If this is not possible, we will issue a check to the billing address on the credit card.
We charge and collect state, local and county taxes for online transactions based on shipping address and as required by applicable laws and regulations. An estimate of these taxes will be provided during the ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax.
Applicable taxes will be applied to orders shipped to any location where we are required to collect taxes. If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes. You cannot assume that your purchase is exempt merely because it is made over the internet.
No sales tax is charged when purchasing Gift Cards; however, purchases paid for with Gift Cards may be subject to tax.