Overview
This website is operated by Fondware LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Fondware.
Fondware offers this website, including all information, tools, and services available from this site to you—the user—conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms & Conditions. These Terms apply to all users of the site, including browsers, customers, merchants, vendors, and content contributors.
Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree, you may not access the website or use any services.
Any new features or tools added to the current store are also subject to these Terms. We reserve the right to update or modify them at any time by posting changes on this page. Your continued use of the website constitutes acceptance of any changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence—or have given consent for any of your minor dependents to use this site.
You may not use our products for any unlawful or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses, malware, or code of a destructive nature.
A breach of these Terms will result in immediate termination of your access to our Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card data is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service or website content without express written permission from us.
Accuracy and Completeness
We strive to ensure that all information on this site is accurate and current, but we cannot guarantee it.
The material on this site is provided for general information only and should not be used as the sole basis for decisions.
Any reliance on the material is at your own risk. We reserve the right to modify content at any time without notice.
Products and Services
Certain products may be available exclusively online and in limited quantities.
All descriptions of products and pricing are subject to change without notice. We reserve the right to discontinue any product at any time.
We’ve made every effort to display product colors and images accurately, but we cannot guarantee that your screen’s display will match the actual product.
We do not warrant that the quality of any products, services, or information purchased will meet your expectations, or that any errors will be corrected.
Pricing and Modifications
Prices are subject to change without notice.
We reserve the right to modify, suspend, or discontinue any product or service at any time without liability.
We are not responsible for price changes, delays, or service interruptions beyond our control.
Billing and Account Information
We reserve the right to refuse or cancel any order. We may limit or restrict quantities purchased per person, per household, or per order.
If we make a change to or cancel an order, we will notify you using the contact details provided at checkout.
You agree to provide current and accurate purchase and account information, and to promptly update your details—including email and payment information—so we can complete transactions and contact you as needed.
Third-Party Services and Links
Certain third-party services—such as payment processors and shipping carriers—are used to complete your transactions.
These providers have their own privacy and data-handling policies. We recommend reviewing them to understand how your personal information is used.
Our website may contain links to third-party websites. We are not responsible for the content or practices of third-party websites linked from our store, and we recommend reviewing their terms before engaging with them.
User Comments and Submissions
If you submit creative ideas, feedback, or other materials to us—whether by email, post, or otherwise—you grant Fondware the right to edit, publish, and use them in any medium, without obligation to compensate or respond.
You agree that your submissions will not violate any third-party rights or contain unlawful, defamatory, or obscene material.
Fondware is not responsible for user-generated content posted by you or others.
Personal Information
Your submission of personal data through the store is governed by our Privacy Policy.
Errors and Omissions
Occasionally there may be information on our site that contains typographical errors or inaccuracies related to product descriptions, pricing, promotions, or availability. We reserve the right to correct such errors and to change or cancel orders if any information is inaccurate at any time without prior notice (including after an order has been placed).
Prohibited Uses
You agree not to use the site or its content for any unlawful purpose, to violate intellectual property rights, to harass or discriminate, to upload viruses, to collect others’ personal information, or to interfere with the security of the Service. Violation of these prohibitions may result in termination of your access.
Intellectual Property
All content on this site—including text, graphics, logos, and product photography—is the property of Fondware or its content suppliers and is protected by international copyright laws.
You may not reproduce, publish, or exploit any material without prior written consent from Fondware.
International Orders
Fondware currently ships within the United States and selected international destinations.
When placing an international order:
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Prices are shown in USD by default. Local currency conversions on our site are for convenience only and may vary with exchange rates.
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Import duties, taxes, and customs fees may apply upon delivery. These charges are the responsibility of the recipient unless otherwise stated at checkout.
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Delivery times may vary due to customs processing or regional courier schedules.
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International orders are eligible for return only if items arrive damaged or defective.
Data Protection & Privacy
Your information may be transferred and processed outside your country of residence, including in the United States, where our servers and Shopify’s infrastructure are located.
We take appropriate measures to ensure that such transfers comply with applicable data-protection regulations (including GDPR and other regional standards).
Disclaimer of Warranties & Limitation of Liability
The Service and all products are provided “as is” and “as available”, without warranties of any kind, express or implied. We do not guarantee that your use of the Service will be uninterrupted, timely, or error-free.
To the fullest extent permitted by law, Fondware and its affiliates shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the site or any products purchased, including but not limited to loss of profits, data, or goodwill.
Indemnification
You agree to indemnify and hold harmless Fondware, its affiliates, officers, employees, and agents from any claims, damages, or expenses arising from your breach of these Terms or your violation of any law or third-party rights.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.
Termination
These Terms are effective unless terminated by either you or us.
You may terminate by ceasing to use our site and notifying us at fondcare@fondware.com. We may terminate this agreement at any time if we believe you have violated these Terms.
Dispute Resolution
In the unlikely of a dispute, we encourage you to contact fondcare@fondware.com first so we can resolve it amicably.
If an issue cannot be resolved informally, it shall be handled in accordance with the governing law below.
Governing Law
These Terms and any separate agreements under which we provide you services shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict-of-law principles.
If you are located outside the United States, you may also be entitled to the protection of consumer laws in your country of residence.
Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Return & Refund Policy, constitute the entire agreement between you and Fondware. Any ambiguities in interpretation shall not be construed against the drafting party.
Updates to These Terms
You can review the most current version of these Terms at any time on this page. We reserve the right to modify or replace any part of these Terms by posting updates here. Your continued use of our website following changes constitutes acceptance of those changes.
Contact
For questions about these Terms & Conditions, please contact us at: fondcare@fondware.com