Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to The Fig & Vine!

The terms “we,” “us,” and “our” refer to The Fig & Vine. The Fig & Vine 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”).

The Fig & Vine is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, which is available on our website. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to display our products as accurately as possible. However, colors and product appearance may vary depending on your device, screen settings, lighting, and other factors.

We do not guarantee that the appearance of a product on your screen will exactly match the product you receive.

Product descriptions, pricing, availability, and other information may be changed at any time without notice.

We reserve the right to discontinue products at any time and to limit quantities available 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 products from The Fig & Vine.

We reserve the right to accept, decline, modify, or cancel an order for any reason at our discretion.

Your order is not considered accepted until payment has been successfully received and processed and your order has been confirmed.

Please review your order carefully before submitting it. Once an order has entered processing, we may be unable to accommodate cancellation or modification requests.

If we need to cancel or make a change to your order, we will attempt to contact you using the email address, billing address, shipping address, and/or phone number provided when the order was placed.

Purchases are subject to our Return & Refund Policy, which is available on our website.

You represent that purchases made through our store are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will be the price in effect at the time your order is placed and will be reflected in your order confirmation.

Unless otherwise stated, posted prices do not include shipping, handling, applicable taxes, customs fees, or import charges.

We may occasionally offer promotions that are governed by additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotional terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You represent and warrant that you are authorized to use the payment method provided and that you will pay all charges associated with your purchase, including applicable shipping and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery timeframes provided by The Fig & Vine are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, service interruptions, natural disasters, customs processing, incorrect addresses provided by customers, or other circumstances outside our reasonable control.

Customers are responsible for providing an accurate and complete shipping address at checkout.

Additional information regarding shipping options, rates, and procedures is available in our Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, branding, logos, text, graphics, photographs, product images, videos, designs, written content, and overall website design and arrangement, are owned by The Fig & Vine, its licensors, suppliers, or applicable third parties and are protected by applicable intellectual property laws.

The Services are provided for your personal, non-commercial use.

You may not reproduce, distribute, modify, republish, display, transmit, store, copy, sell, exploit, or create derivative works from materials on our Services without prior written permission from The Fig & Vine or the applicable rights holder.

The Fig & Vine name, logos, designs, product names, and slogans may not be used without prior written permission.

Shopify’s name, logos, products, and services are the property of Shopify or its affiliates.

All other trademarks belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, applications, or services offered by third parties that we do not monitor or control.

You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, or endorsements of any kind.

Your use of optional third-party tools is entirely at your own risk and discretion. You are responsible for reviewing and agreeing to the terms governing those third-party services.

We may introduce additional features, resources, or services in the future. Such features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to websites, applications, services, or content operated by third parties.

We are not responsible for evaluating or guaranteeing the accuracy, availability, safety, policies, or content of third-party websites or services.

If you choose to leave our website to access a third-party service, you do so at your own risk.

We are not responsible for losses, damages, or other issues arising from your use of or purchases from third-party websites.

Please review the policies and practices of third parties before engaging in transactions with them.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Fig & Vine is powered by Shopify, which provides technology that enables us to operate our online store.

However, purchases made through our store are transactions directly between you and The Fig & Vine.

Shopify is not responsible for the products sold by The Fig & Vine or for any loss, damage, injury, dispute, refund, or other issue resulting from purchases made through our store.

SECTION 10 — PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy, which is available on our website.

Because our store is hosted through Shopify, Shopify may collect and process certain personal information relating to your access to and use of our Services in order to provide its platform and related services.

Information submitted through our store may also be transmitted to service providers and other third parties used to process payments, fulfill orders, operate our website, communicate with customers, and provide related business services.

Please review our Privacy Policy for additional information about how personal information is collected and used.

SECTION 11 — FEEDBACK

If you submit, post, email, upload, or otherwise provide reviews, ideas, suggestions, comments, photographs, feedback, or other content (“Feedback”), you grant The Fig & Vine a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, display, and distribute that Feedback for purposes related to operating, improving, and promoting our business and Services, to the extent permitted by applicable law.

You represent that you have the right to provide any Feedback you submit and that your Feedback does not violate the rights of another person or entity.

Feedback must not contain unlawful, defamatory, abusive, obscene, malicious, fraudulent, infringing, or otherwise prohibited material.

You may not use a false identity or intentionally mislead us or others regarding the origin of Feedback.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders if information is inaccurate, including after an order has been submitted, to the extent permitted by law.

SECTION 13 — PROHIBITED USES

You may use our Services only for lawful purposes.

You may not use the Services:

For unlawful, fraudulent, or malicious purposes;
To violate federal, state, local, provincial, or international laws or regulations;
To infringe upon intellectual property or other rights belonging to us or others;
To harass, threaten, abuse, defame, intimidate, or harm another person;
To transmit false or misleading information;
To distribute malware, viruses, or other harmful code;
To collect or track personal information belonging to others without authorization;
To spam, phish, scrape, crawl, or improperly extract information from the Services;
To impersonate another person or entity;
To circumvent or interfere with website security features;
To reproduce, duplicate, copy, sell, resell, or exploit portions of the Services without authorization; or
To engage in conduct that interferes with another person’s use or enjoyment of the Services.

We reserve the right to suspend or terminate access to the Services if we reasonably believe these Terms have been violated.

SECTION 14 — AUTOMATED ACCESS AND AGENTS

Automated tools, software, services, bots, agents, or similar technologies may not access, interact with, or use our Services in a manner that circumvents security measures, misrepresents automated activity as human activity, or violates these Terms.

We may use technical measures to restrict or control automated access to our Services.

Automated systems must comply with applicable laws, technical requirements, security restrictions, and other instructions established by The Fig & Vine or our service providers.

SECTION 15 — TERMINATION

We may suspend or terminate your access to the Services if you violate these Terms or otherwise misuse the Services.

Any obligations and liabilities incurred before termination will survive termination where appropriate.

Sections relating to intellectual property, liability, indemnification, governing law, privacy, and other provisions that by their nature should survive termination will remain in effect.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

While we make reasonable efforts to provide accurate information and quality products, we do not guarantee that all information will always be complete, current, or error-free.

Except as expressly stated by The Fig & Vine or required by applicable law, the Services and products offered through the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit certain warranty disclaimers, so some of these limitations may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, The Fig & Vine and its owners, employees, agents, contractors, service providers, licensors, affiliates, and partners will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from your use of the Services or products purchased through the Services.

This may include, without limitation, lost profits, lost revenue, lost savings, loss of data, or replacement costs.

Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless The Fig & Vine, Shopify, and our respective affiliates, owners, employees, agents, contractors, licensors, and service providers from losses, liabilities, damages, claims, or reasonable legal expenses arising from:

Your breach of these Terms;
Your violation of applicable law;
Your violation of another person’s rights; or
Your misuse of the Services.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed from these Terms.

The remaining provisions will continue in full force and effect.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with the policies and operating rules posted on our website, constitute the agreement between you and The Fig & Vine regarding your use of the Services and supersede prior communications or agreements relating to the Services.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws applicable in the jurisdiction where The Fig & Vine is headquartered, without regard to conflict-of-law principles.

Any disputes will be subject to the courts having appropriate jurisdiction over The Fig & Vine, except where applicable consumer-protection laws provide otherwise.

SECTION 23 — HEADINGS

Headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, modify, or replace portions of these Terms by posting changes to our website.

Where required by applicable law, we will provide appropriate notice of material changes.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms, except where applicable law requires otherwise.