Website Terms and Conditions Of Use

 

1. Terms

By accessing this Website, Finray Clothing  accessible https://www.finrayclothing.com/  you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials Finray Clothing  Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials;
• Use the materials for any commercial purpose or for any public display;
• Attempt to reverse engineer any software contained on Finray Clothing Website;
• Remove any copyright or other proprietary notations from the materials; or
• Transferring the materials to another person or "mirror" the materials on any other server.

This will let Finray Clothing terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

3. Disclaimer

The Services are provided "as-is" and "as-available". You agree that your use of the Services is entirely at your own risk. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, in connection with the Services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services. We assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury, or property damage of any nature resulting from your access to and use of the Services, unauthorized access to or use of our secure servers and/or any personal or financial information stored therein, interruption or cessation of transmission to or from the Services, or any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party. We also do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to, or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

4. Limitations

Finray Clothing or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Finray Clothing, even if Finray Clothing  or an authorized representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Finray Clothing Website may include technical, typographical, or photographic errors. Finray Clothing does not promise that any of the materials in this Website are accurate, complete, or current. Finray Clothing  change the materials contained on its website at any time without notice. Finray Clothing may  does not make any commitment to update the materials.

6. Links

Finray Clothing has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Finray Clothing  of the site. The use of any linked website is at the user’s own risk.

7. Site Terms of Use Modifications

Finray Clothing  may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Your Privacy

Please read our Privacy Policy.

9. Governing Law

Any claim related to Finray Clothing  Website shall be governed by the laws of us without regard to its conflict of law provisions.

 

10. Delivery Policy

After ordering online, you will receive an email confirmation from Finray Clothing containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via Australia Post within the selected delivery time.

If you wish to query a delivery, don't hesitate to get in touch with us at service@finrayclothing.com     

11. Refund & Returns Policy

If, for any reason, you are not completely satisfied with your purchase, please email us at service@finrayclothing.com  

This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you pre-pay all postage. 

You assume any risk of lost, theft or damaged goods during transit; therefore, advise you to take out shipment registration of insurance with your postal carrier. Finray Clothing  will not be responsible for parcels lost or damaged in transit if you choose not to insure.

 

12. GOVERNING LAW

The Legal Terms that apply to your use of the Services are subject to the laws of the State of California, which govern and interpret them. These laws are applicable to agreements made and entirely performed within the State of California, without considering any conflict of law principles.

 

13. DISPUTE RESOLUTION

Informal Negotiations

In an effort to resolve any disputes related to these Legal Terms (referred to as "Disputes"), both parties (referred to as "Parties") agree to try to resolve the Dispute informally for at least 30 days before starting arbitration. This informal negotiation period will begin when one Party notifies the other Party in writing, with the goal of achieving a speedy and cost-effective resolution

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration, pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online, and shall take place in San Diego, California, except where otherwise required by applicable AAA rules or applicable law. The arbitrator shall make a decision in writing, but need not provide a statement of reasons unless requested by either Party, and must follow applicable law, with any award being subject to challenge if the arbitrator fails to do so. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Diego, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

13. DISPUTE RESOLUTION

The Services may contain information that includes inaccuracies, typographical errors, or omissions, such as pricing, availability, and descriptions of products or services. We retain the right to correct or update such errors, inaccuracies, or omissions and modify the information on the Services without providing prior notice.

14. INDEMNIFICATION

You agree to protect, indemnify, and hold us, our subsidiaries, affiliates, and all of our officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, brought by a third party resulting from or related to: (1) your use of the Services; (2) any violation of these Legal Terms by you; (3) any breach of your representations and warranties set forth in these Legal Terms by you; (4) your infringement of the rights of any third party, including but not limited to intellectual property rights; or (5) any harmful act towards any other user of the Services that you connected with via the Services. However, we reserve the right, at your expense, to take exclusive control and defense of any matter for which you must indemnify us, and you agree to cooperate with us, at your expense, in defending such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

14. USER DATA

We will retain some of the data you send to the Services to manage their performance and to keep track of your usage of the Services. Even though we regularly backup data, you are solely responsible for all data transmitted or related to any activity you perform through the Services. You acknowledge and agree that we shall not be liable to you for any loss or corruption of such data, and you hereby waive any right to take legal action against us arising from any such loss or corruption of data.

15. CALIFORNIA USERS AND RESIDENTS

If you are not satisfied with how we handle your complaint, you have the option to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can do so by writing to them at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by calling (800) 952-5210 or (916) 445-1254.

 

16. MISCELLANEOUS

These Legal Terms, together with any policies or operating rules posted by us on the Services or in respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms are governed by and construed in accordance with the laws of the jurisdiction where our company is registered, and you agree to submit to the exclusive jurisdiction of the courts in that jurisdiction for any disputes. We may assign any or all of our rights and obligations to others at any time without notice to you. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

16. CONTACT US

For assistance with any issues related to the Services or to obtain additional information about using the Services, please reach out to us at the following contact details:

FINRAYCLOTHING.COM
Coriba, LLC
Ramona, California 92065
Email Address: service@finrayclothing.com
(760) 315-5559