Terms of Use
Please read these Terms of Use carefully before using the Fyolette website or any related services. These Terms of Use constitute a legally binding contract governing your access to and use of the Services, setting limitations on liability, specifying governing law and dispute resolution procedures, and outlining other key legal conditions.
By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by the most current version of these Terms of Use. If you do not agree with these terms, you may not access or use any portion of the Services.
1. Acceptance of Terms
This Agreement is a legal contract between you and Fyolette (“Fyolette,” “we,” “us,” or “our”) regarding your access to and use of our e-commerce platform located at www.fyolette.com, including all sub-domains, content, features, products, customer support interactions, and purchasing mechanisms (collectively, the “Services”).
These Terms of Use apply in addition to any other specific agreements or policies you may enter into with Fyolette, including conditions governing the purchase of products or usage of promotional offers.
2. Modifications to Terms
Fyolette reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms of Use at any time without prior individual notice. Any modifications become effective immediately upon being posted on the Services. Your continued use of or access to the Services following the posting of any changes constitutes binding acceptance of those changes. It is your responsibility to check this page periodically for updates.
3. Permissible Users & Eligibility
The Services are intended for natural persons residing in Canada and the United States.
You must be at least the age of majority in your jurisdiction of residence (18 or 19 years old depending on your province or state) to use the Services and enter into binding contracts. If you are under the age of majority, your parent or legal guardian must review and agree to these Terms of Use on your behalf before any purchase or account registration is made.
You may not use the Services if your account or access has previously been suspended or terminated by Fyolette, or if prohibited under applicable law.
4. Lawful & Personal Use
The Services are provided solely for your personal, non-commercial, and household use. You agree to use the Services only for lawful purposes and in compliance with all applicable local, provincial, federal, and international laws.
Except as expressly permitted by Fyolette, no portion of the Services, including designs, graphics, text, images, software, dynamic templates, or user interfaces, may be copied, reproduced, republished, uploaded, posted, publicly displayed, modified, indexed, mirrored, framed, or distributed in any manner without our prior written consent.
You may print or download individual pages from the website for personal, non-commercial informational use only, provided that you leave all proprietary notices, copyright information, and trademarks intact.
5. Incorporation of Supplemental Policies
Additional policies apply to your interaction with the Services and the purchase of Fyolette items. These policies are explicitly incorporated into and form part of these Terms of Use.
The Shipping & Delivery Policy governs processing times, shipping options, carriers, and regional delivery terms across Canada and the United States.
The Returns & Exchanges Policy governs eligibility windows, RMA procedures, return portal usage, and store credit or refund workflows.
The Privacy Policy governs how we collect, store, process, and protect your personal data.
In the event of a direct conflict between these Terms of Use and any supplemental policy, the terms of the specific policy will prevail with respect to that subject matter.
6. Intellectual Property & Ownership
All content on the Services, including brand name, logos, product designs, look and feel, images, color schemes, typography, layout, icons, media clips, and software code, is owned by or licensed to Fyolette and is protected by Canadian and international copyright, trademark, and intellectual property laws.
Your access to the Services grants you a limited, non-exclusive, non-transferable license to view and use the platform for personal shopping purposes. No right, title, or interest in any intellectual property is transferred to you through your use of the platform.
7. Account Information & Accuracy
When creating an account, subscribing to communications, or placing an order, you agree to provide complete, accurate, current, and truthful information. This includes your legal name, delivery address, e-mail address, and payment details.
Fyolette relies on the information provided by you to fulfill orders and issue official communications. You are solely responsible for any costs, losses, or delivery delays resulting from incomplete or inaccurate details provided during the checkout or registration process.
8. Communications & Marketing
When you interact with us through electronic means (including e-mail forms, contact portals, or electronic checkout workflows), you authorize Fyolette to receive and respond to your communications electronically.
If you opt-in to receive electronic newsletters, promotional updates, or text message marketing from Fyolette:
– You consent to receive marketing messages delivered via email or automated text message to the contact details provided.
– You may unsubscribe or revoke your consent at any time by following the “Unsubscribe” link in any promotional email, or by replying “STOP” to promotional SMS messages.
– Standard message and data rates may apply as determined by your mobile provider.
9. Pricing, Specifications & Order Refusals
Fyolette strives to ensure all product descriptions, sizing guides, specifications, inventory levels, and prices displayed on the Services are accurate. However, typographical errors, misprints, or system inaccuracies may occasionally occur.
– We make every effort to display product colors and aesthetics accurately. However, actual color rendering depends on your monitor, screen settings, and device hardware.
– All pricing on the Website is displayed in United States Dollars USD; however, applicable local currency conversion, including conversion to Canadian Dollars CAD, will automatically calculate and apply during checkout based on your selected shipping destination.
– Fyolette reserves the right to correct any pricing errors, modify product offerings, limit order quantities, or cancel/refuse any order, including accepted orders, where price or product specifications were incorrectly displayed due to technical error or oversight.
10. Account Security
If you create an account on the Services, you are responsible for maintaining the confidentiality of your account credentials, username and password. You agree not to share your password or grant third parties access to your account.
You are solely responsible for all activities and transactions that occur under your account. You must notify Fyolette customer support immediately at letters@fyolette.com if you suspect unauthorized access to or compromise of your account.
11. User Submissions & Unsolicited Ideas
Any reviews, comments, suggestions, ideas, or feedback submitted to Fyolette (collectively, “Submissions”) shall be deemed non-confidential and non-proprietary.
By sending a Submission, you grant Fyolette a perpetual, royalty-free, worldwide, irrevocable, sublicensable license to use, adapt, publish, display, and distribute the Submission for operational, promotional, or development purposes without compensation, attribution, or financial obligation to you.
12. External & Third-Party Links
The Services may contain links to external third-party websites, software services, or payment processors, including payment gateways and shipping trackers. Fyolette does not control, endorse, or assume responsibility for the content, security practices, or privacy policies of third-party platforms. Your interaction with third-party sites is conducted entirely at your own risk.
13. Prohibited Conduct
You agree not to engage in any of the following activities in connection with the Services:
– Utilizing automated scrapers, web spiders, bots, or data-mining tools to extract content or system data without authorization.
– Attempting to gain unauthorized access to our administrative systems, server infrastructure, or user accounts.
– Interfering with, disrupting, or attempting to compromise the security, server stability, or operational efficiency of the website.
– Using the website or brand materials for fraudulent, unauthorized commercial resale, or competitive benchmarking purposes.
14. Warranties & Consumer Disclaimers
Except as explicitly provided by law, the Services and all products, materials, and features offered through Fyolette are provided on an “as is” and “as available” basis without express or implied warranties of any kind.
For residents of the Province of Quebec, nothing in this section excludes or restricts statutory warranties under the Quebec Consumer Protection Act, and goods sold remain subject to legal warranties ensuring they are fit for the purposes for which goods of that kind are ordinarily used and will remain durable in normal use for a reasonable length of time having regard to their price and conditions of use.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Fyolette and its directors, officers, employees, agents, and service providers shall not be liable for indirect, incidental, punitive, or consequential damages arising out of or related to your use of, or inability to use, the Services or products purchased through the platform.
In jurisdictions that prohibit the complete exclusion of certain damages or statutory liabilities, Fyolette’s total aggregate liability shall not exceed USD $100 or the total amount paid by you for the specific transaction giving rise to the claim, whichever is greater.
For consumers residing in Quebec, this limitation does not liberate Fyolette from the consequences of its own acts or those of its representatives.
16. Indemnification
You agree to defend, indemnify, and hold harmless Fyolette, its officers, employees, contractors, and service providers from any claims, liabilities, damages, legal costs, and expenses resulting from your breach of these Terms of Use, your misuse of the Services, or your violation of applicable laws.
17. Governing Law
These Terms of Use, their interpretation, and all legal matters or disputes arising from them shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein for residents of Quebec, or the applicable provincial and federal laws of Canada for residents outside of Quebec, without giving effect to conflicts of law principles.
18. Dispute Resolution
Before initiating formal legal proceedings or arbitration, you agree to contact Fyolette customer support at letters@fyolette.com to attempt to resolve any dispute or issue informally for a period of at least thirty days.
If an informal resolution cannot be reached, any dispute arising out of or relating to these Terms of Use shall be submitted to the competent courts of the judicial district of your residence for residents of the Province of Quebec, or brought before the competent courts of the Province of Quebec or resolved through binding arbitration in accordance with applicable provincial dispute resolution frameworks for residents outside of Quebec.
19. Severability & Entire Agreement
If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use, together with our Privacy Policy and store policies, constitute the entire legal agreement between you and Fyolette regarding your use of the Services.
If you have any questions or comments regarding these Terms of Use, please contact letters@fyolette.com.