Terms of service

OVERVIEW
Welcome to Fibernium! The terms “we”, “us” and “our” refer to Fibernium. Fibernium 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”). Fibernium is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with the policies referenced herein (these “Terms of Use” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Use carefully, as they include important information about your legal rights, including disclaimers of warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is accurate, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for keeping your account credentials secure and for any activity associated with your account. You are not permitted to transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to present our products and services in our online stores as accurately as possible. However, please note that product colors or appearance may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or will be identical to what is displayed or rendered in our online stores.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue selling any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Fibernium reserves the right to accept or decline your order for any reason at its discretion. Your order is not considered accepted until Fibernium confirms it in writing. We must receive and process your payment before your order is confirmed. Please review your order carefully before submitting it, as Fibernium may not be able to accommodate cancellation requests once an order is confirmed. In the event we refuse, change or cancel your order, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of the order.
Your purchases are subject to return or exchange in accordance with our Refund Policy [[LINK]].
You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs duties or import charges.
Prices displayed in our online stores may differ from prices offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times provided are estimates only and are not guaranteed. We disclaim any liability for delays caused by carriers, customs processing or any event outside of our control. Once products are handed over to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio content, and the design, selection and arrangement thereof, are the exclusive property of Fibernium, its affiliates or its licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material found on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you any license or other right to any patent, trademark, copyright or other intellectual property of Fibernium, Shopify or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Fibernium.
The Fibernium names, logos, product and service names, designs and slogans are trademarks of Fibernium, its affiliates or its licensors. You may not use them without the prior written permission of Fibernium. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement on our part. We disclaim any liability arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and accept the terms on which those tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will be considered an integral part of the Services and will be subject to these Terms of Use.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including third-party integrated functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We disclaim any liability for any harm or damages related to your access to third-party websites, or to the purchase or use of products, services, resources or content on those sites. Please review the third parties’ policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party concerned.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: this section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
Fibernium is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our Store is made directly with Fibernium. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fibernium, including any damage, injury or loss arising from the products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or related to your purchase and transaction with Fibernium.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to the Shopify Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide them to you and to improve them. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, in order to provide the services to you. Please review our privacy policy [LINK] for further detail on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and non-exclusive license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you own or have all rights necessary to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay any compensation for your Feedback; or (3) to respond to your Feedback.
We may, without being required to, monitor, edit or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, data protection, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene material, or any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions, including regarding product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes upon the intellectual property rights of Fibernium, Shopify or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, use or re-use any content that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Fibernium, Shopify or users of the Services, or expose them to any liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext through the Services; (e) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, automated device, AI tool (including agentic AI) or any other automated or manual means to access the Services; (f) interfere with, circumvent or disable any security or authentication features, robot exclusion headers or other measures we implement to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any provision of these Terms.

SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, authorize, enable or cause an Agent to be deployed to access, use or interact with the Services. An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and which may run on a device owned, purchased or used by a person, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the terms set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that such Agent refrain from accessing, using or interacting with any service.
14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request comes from an Agent and disclose the name of the Agent by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or obscure the fact that the access, use or interactions come from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt intended to determine whether interactions come from a human or a computer; (iv) not circumvent or evade any measure intended to block, limit, modify or control Agents’ access, use or interactions with the Services.

SECTION 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provision that by its nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fibernium, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from any loss, damage, liability or claim, including reasonable attorneys’ fees, payable to any third party and arising out of (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to this indemnity, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may conduct the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim that involves non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims subject to this indemnity, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity or enforceability of the other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Use, together with any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted unauthorized assignment will be deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW
These Terms of Use, and any separate agreement whereby we provide you the Services, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Fibernium has its head office. You and Fibernium expressly consent to the territorial and personal jurisdiction of such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date set out in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Use should be sent to us at contact@fibernium.com.