Last updated: March 1, 2023
Introduction
Welcome to Efan® Hoodies, Sweatshirt, Sweaters, Sweatpants (referred to as ” Efan“, “we”, “us” or “our”)!
These Terms of Service (“Terms”) form a legally binding agreement between you and Efan regarding your access to and use of our website efan.shop (the “Website”), including any content, functionality, products, and services offered on or through the Website (collectively the “Services”).
Please read these Terms carefully before using our Website or Services. By accessing or using the Website or Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use the Website or Services.
We may modify these Terms at any time, and such modification will be effective immediately upon posting on the Website. Your continued use of the Website or Services after any modification to the Terms constitutes your binding acceptance of the modified Terms. For this reason, we encourage you to review these Terms periodically.
These Terms were last updated on the date listed at the beginning of these Terms.
1. Eligibility and Account
You must be at least 18 years of age to access or use the Website or Services. By accessing or using the Website or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and abide by all terms and conditions of these Terms.
To access certain features and functions of the Website or Services, you may be required to register for an account. When you register for an account, you agree to: (a) provide accurate, current and complete account information; (b) maintain and promptly update any account information provided; (c) maintain the security of your password and accept all risks of unauthorized access; and (d) immediately notify us if you discover or otherwise suspect any unauthorized access or use of your account or breach of security.
You are fully responsible for all activities that occur under your account, including any actions taken by authorized or unauthorized users. We reserve the right to terminate or suspend your account at any time for any reason.
2. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, and share information about you. By accessing or using the Website or Services, you agree that your personal information may be processed in accordance with our Privacy Policy.
3. User Content
The Website and Services may permit you to upload or submit content, including photos, videos, comments, and other materials (“User Content”).
You retain full ownership of any intellectual property rights that you have in your User Content. You grant Efan a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to access, use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, and otherwise exploit your User Content for any purpose in connection with the Website, Services, and Efan’s business.
You are solely responsible for all User Content you provide. You represent and warrant that: (a) you own or have all necessary rights to the User Content; and (b) the User Content does not and will not infringe or violate any rights of any third party.
We have no responsibility or liability for the deletion, loss, inaccuracy, or failure to store any User Content. We reserve the right to remove or disable access to any User Content at any time for any reason.
4. Intellectual Property
The Website and Services contain intellectual property owned by Efan, including trademarks, copyrights, proprietary information, and other intellectual property. You may not use our intellectual property for any reason without our express written permission.
5. Product Information
We attempt to be as accurate as possible when describing our products on the Website and Services. However, to the extent permitted by law, we do not warrant that product descriptions, pricing, images, or other content available on the Website or through the Services are accurate, complete, reliable, current, or error-free.
6. Third-Party Content and Links
The Website and Services may contain content and links to websites operated by third parties. Unless otherwise provided, such third-party content and links are not under our control and we are not responsible for any third-party content. The inclusion of any third-party content or links does not imply our endorsement, sponsorship, or recommendation of that content or those websites.
7. Orders, Shipping, and Returns
By placing an order through the Website or Services, you agree to our shipping and returns policies. You are responsible for providing a valid shipping address where we can deliver your order. Please notify us of any shipping address changes.
We will make reasonable efforts to fulfill your order according to any estimated shipping dates provided, but estimated shipping dates may change due to high demand, supply shortages, or other extenuating circumstances. We are not liable for any losses related to shipping delays or product unavailability.
You may request to cancel your order or return products as permitted under our returns policy. For any products you return, you will receive a refund to your original payment method. Please note that customized products may not be returned or refunded unless defective.
8. Pricing and Payment
All prices and charges for products advertised or offered through the Website or Services are in U.S. dollars. We reserve the right to modify prices at any time, though price changes will not affect orders already placed.
You agree to pay all fees, shipping costs, duties, taxes, and other charges associated with your order as displayed to you before checkout. If payment cannot be charged to your payment method, we reserve the right to cancel or modify your order as needed. You are responsible for ensuring the payment information you provide is accurate and up-to-date.
9. Disclaimer of Warranties
Your access and use of the Website and Services is entirely at your own risk. The Website and Services are provided “AS IS” without any warranties, whether express or implied.
To the maximum extent permitted by law, we disclaim any and all warranties, express or implied, regarding the Website, Services, and any content, including warranties of merchantability, title, non-infringement, or fitness for a particular purpose. We do not warrant that the Website, Services, or their functioning will be uninterrupted, secured, error-free, free from viruses or harmful components, or meet your requirements.
10. Limitations of Liability
We will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with these Terms or your access and use of the Website or Services. This includes damages for lost profits, business interruption, loss of data, or any other intangible losses, regardless of the cause of action or whether we were advised of the possibility of such damages.
Our total aggregate liability relating to or arising out of your use of the Website and Services will not exceed the total amount of fees, if any, you paid to us in the prior 12 months.
The limitations of liability provided in these Terms inure to the benefit of Efan, its affiliates, agents, licensors, directors, officers, employees, representatives, suppliers, and vendors.
11. Indemnification
You agree to defend, indemnify, and hold harmless Efan, its affiliates, agents, licensors, directors, officers, employees, representatives, suppliers, and vendors from and against any claims, actions or demands, including legal and accounting fees, arising or resulting from: (a) your breach or violation of these Terms; (b) your access, use, or misuse of the Website or Services; (c) your User Content; or (d) your violation of any third-party rights. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
12. Termination
We reserve the right to terminate your access to or use of the Website and Services at our sole discretion, without notice or liability. We may discontinue or modify the Website or Services at any time without prior notice.
If you breach any provision of these Terms, your authorization to access the Website and Services will automatically terminate. Upon any termination, your right to access or use the Website and Services will immediately cease. Any provisions that by their nature should survive termination shall survive, including disclaimers of warranties, limitations of liability, indemnification obligations, and applicable law.
13. Applicable Law and Jurisdiction
These Terms are governed by the laws of the State of Tennessee, without regard to conflict of laws principles. Any dispute between you and Efan regarding these Terms or the Website and Services must be resolved exclusively in the state or federal courts located in Nashville, Tennessee, and you consent to personal jurisdiction and waive any objection to venue in such courts.
14. Severability and Interpretation
If any provision of these Terms is held illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions will not be affected. Section headings are for reference purposes only and have no substantive effect.
15. Changes to these Terms
We may update these Terms periodically to address changes in our products, services, or the law. We will post the updated Terms on the Website and update the “Last Updated” date at the top. Your continued use of the Website or Services after new Terms take effect constitutes acceptance of the updated Terms. Please periodically review these Terms so you are aware of any changes.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Efan® Hoodies, Sweatshirt, Sweaters, Sweatpants
123 Main St
Nashville, TN 37201
[email protected]
By accessing or using the Website or Services, you confirm your agreement to be bound by these Terms.
