Terms of Service

Welcome to Fyneak.

This website, www.fyneak.com, is owned and operated by Fyneak. Throughout these Terms, the words "Fyneak," "we," "our," and "us" refer to Fyneak, and "you" refers to any person who visits, browses, registers, or makes a purchase through this website.

Fyneak provides this website, together with all information, content, products, features, and services made available through it, subject to your acceptance of these Terms of Service, along with any other policies, notices, and guidelines published on the website.

By accessing our website, creating an account, placing an order, or otherwise using any part of the website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and any policies incorporated herein by reference. These Terms apply to all users of the website, including customers, browsers, merchants, vendors, and contributors of content.

If you do not agree with these Terms, you should discontinue use of the website and refrain from accessing any products or services offered through it.

Any new features, functionalities, tools, or services introduced on the website in the future will also be governed by these Terms of Service. The latest version of these Terms will always be available on this page, and we encourage you to review them periodically.

We reserve the right to amend, modify, or replace any part of these Terms at our sole discretion by posting updates on this website. Your continued access to or use of the website after any changes have been published constitutes your acceptance of those changes.

Our online store is powered by Shopify Inc., which provides the e-commerce platform that enables us to offer and sell our products and services to you.

Section 1 – Eligibility and Use of the Website

By using this website, you confirm that you are at least the age of majority in your place of residence or that you are accessing the website with the permission and supervision of a parent or legal guardian.

You agree not to:

Use our website or products for any unlawful or unauthorized purpose;
Violate any applicable laws or regulations while using our services;
Provide false, inaccurate, or misleading information;
Introduce viruses, malicious code, or any technology that may interfere with the operation of the website;
Misuse, disrupt, or attempt to gain unauthorized access to any part of our systems.

Any breach of these Terms may result in the suspension or termination of your access to the website and our services.

Section 2 – General Conditions

Fyneak reserves the right to refuse service, reject orders, suspend accounts, or restrict access to the website at any time and for any lawful reason, including suspected fraud, misuse of the website, or violation of these Terms.

To maintain the security and integrity of our platform, we may take any action we reasonably consider necessary to protect our customers, systems, and business operations.

You acknowledge that certain information you submit through the website (excluding payment information) may be transferred through various networks and may undergo technical modifications required for transmission across devices or communication networks.

All payment information is processed using secure encryption methods.

You may not reproduce, copy, distribute, resell, exploit, or commercially use any part of the website or services without obtaining our prior written permission.

The headings used in these Terms are included solely for convenience and do not affect the interpretation of any provision.

Section 3 – Website Content and Information

We strive to ensure that all information available on the website is accurate and up to date. However, we do not guarantee that all content is complete, current, or error-free.

The information on this website is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions.

The website may occasionally contain historical or archived information that is provided solely for reference purposes.

We reserve the right to update, modify, or remove content from the website at any time without prior notice and are under no obligation to update information unless required by law.

Section 4 – Changes to Products, Services, and Pricing

Product prices and availability are subject to change without prior notice.

In the event of pricing inaccuracies, technical issues, or incorrect product information, Fyneak reserves the right to cancel or refuse any order placed for the affected product.

We may, at any time and without prior notice, modify, suspend, discontinue, or remove any product, service, feature, or content available on the website.

To the fullest extent permitted by law, Fyneak shall not be liable for any modification, suspension, discontinuation, or price change relating to our products or services.

Section 5 – Products and Services

Certain products available on www.fyneak.com may be offered exclusively through our website and may be available only in limited quantities. All returns and exchanges are subject to our Returns & Exchange Policy.

Product availability is not guaranteed. If an item becomes unavailable after an order has been placed, we reserve the right to cancel the order and issue a refund where applicable.

We strive to display our products, colors, and product details as accurately as possible. However, we cannot guarantee that your device's display will accurately reflect the actual colour, texture, or appearance of a product.

We reserve the right, at our sole discretion, to:

Limit the sale of our products or services to any individual, region, or jurisdiction;
Restrict quantities purchased;
Modify product descriptions and pricing;
Discontinue any product at any time without prior notice.

We do not guarantee that products, services, or information obtained through our website will always meet your individual expectations or that any errors on the website will be corrected immediately.

Section 6 – Orders, Billing and Account Information

Fyneak reserves the right to accept, reject, cancel, or limit any order placed through the website.

We may restrict or cancel orders that appear to be placed by dealers, resellers, distributors, or individuals engaging in fraudulent or suspicious activities.

If we modify or cancel an order, we may attempt to notify you using the email address, telephone number, or billing details provided at the time of purchase.

You agree to provide accurate, complete, and up-to-date information for all purchases and account registrations made through our website. You further agree to promptly update your information whenever necessary.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities carried out under your account. You must notify us immediately of any unauthorized use of your account or any security breach.

Fyneak shall not be liable for any loss or damage arising from your failure to protect your account credentials.

Section 7 – Third-Party Tools

From time to time, we may provide access to tools, applications, or services operated by third parties.

These third-party tools are provided on an "as is" and "as available" basis, without any warranties, representations, or endorsements from Fyneak.

We do not control, monitor, or assume responsibility for the functionality, content, or availability of such tools.

Your use of any third-party tool is entirely at your own risk, and you should review the terms and policies of the respective third-party provider before using such services.

Any future features, technologies, or services introduced on the website will also be governed by these Terms.

Section 8 – Third-Party Websites and Links

Our website may contain links to third-party websites, applications, or services that are not owned or operated by Fyneak.

We do not review, endorse, or assume responsibility for the content, policies, practices, or accuracy of any third-party websites.

Fyneak shall not be liable for any loss, damage, or claims arising from your use of any third-party website, product, service, or transaction.

Before engaging with any third-party website, we recommend reviewing their terms and privacy policies carefully.

Section 9 – User Feedback and Submissions

If you voluntarily submit comments, suggestions, reviews, ideas, proposals, or other materials to us, whether online, via email, social media, or otherwise, you grant Fyneak a worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, edit, publish, and distribute such submissions in any medium.

We are under no obligation to:

Keep submissions confidential;
Provide compensation for any submission;
Respond to any submission.

We reserve the right, but are not obligated, to remove any content that we consider unlawful, offensive, defamatory, harmful, misleading, or otherwise objectionable.

You agree that your submissions will not:

Infringe upon the rights of any third party;
Contain unlawful, defamatory, or obscene material;
Include viruses, malware, or malicious code;
Misrepresent your identity or provide misleading information.

You are solely responsible for the content and accuracy of anything you submit to us.

Section 10 – Privacy and Communications

Your use of this website and your submission of personal information are governed by our Privacy Policy.

By creating an account, placing an order, or otherwise interacting with our website, you consent to receiving communications from Fyneak, including transactional messages and service-related notifications through email, SMS, WhatsApp, telephone calls, or other electronic means, in accordance with applicable law.

You may opt out of promotional communications at any time by following the unsubscribe instructions provided or by contacting our customer support team.

Section 11 – Errors, Inaccuracies and Omissions

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

Fyneak reserves the right to correct any errors or omissions and to update information or cancel orders at any time without prior notice, including after an order has been placed.

Except where required by law, we undertake no obligation to update or clarify information contained on the website.

Section 12 – Prohibited Uses

You agree not to use the website or its content:

For any unlawful purpose;
To violate any applicable law or regulation;
To infringe intellectual property rights;
To harass, abuse, threaten, or discriminate against others;
To submit false or misleading information;
To upload viruses or malicious software;
To collect personal information of others without consent;
To spam, scrape, crawl, or attempt unauthorized access to the website;
To interfere with the security or proper functioning of the website.

Any violation of these restrictions may result in immediate suspension or termination of your access to our website and services.

Section 13 – Disclaimer of Warranties and Limitation of Liability

The website and all products and services offered through it are provided on an "as is" and "as available" basis.

Fyneak does not guarantee that:

The website will always be available, uninterrupted, secure, or error-free;
Information available through the website will always be accurate or complete;
Any defects or errors will be corrected immediately.

To the fullest extent permitted by applicable law, Fyneak and its directors, employees, officers, affiliates, partners, agents, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption arising from the use of, or inability to use, the website or any products purchased through it.

Nothing in these Terms limits any liability that cannot be excluded under applicable law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless Fyneak and its affiliates, directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of:

Your breach of these Terms;
Your misuse of the website;
Your violation of any law;
Your infringement of the rights of any third party.

Section 15 – Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.

Section 16 – Termination

These Terms remain effective unless terminated by either you or Fyneak.

You may stop using the website at any time.

We reserve the right to suspend or terminate your access to the website immediately and without notice if we believe that you have violated these Terms or engaged in unlawful or fraudulent conduct.

Any provisions that by their nature should survive termination, including intellectual property rights, indemnities, limitations of liability, and governing law provisions, shall continue to remain in effect.

Section 17 – Entire Agreement

These Terms of Service, together with our policies and any notices posted on this website, constitute the complete agreement between you and Fyneak regarding your use of the website and supersede all prior communications or agreements.

Failure by Fyneak to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.

Section 18 – Assignment

Fyneak may assign, transfer, or delegate its rights and obligations under these Terms to any affiliate, successor, or acquirer without prior notice, to the extent permitted by law.

Section 19 – Governing Law and Jurisdiction

These Terms of Service shall be governed by and interpreted in accordance with the laws of India.

Any dispute arising out of or relating to these Terms or the use of the website shall be subject to the exclusive jurisdiction of the courts located in Delhi, India.

Any dispute that cannot be resolved amicably may, at the discretion of Fyneak or by mutual agreement of the parties, be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Delhi, India, and the proceedings shall be conducted in English.

Section 20 – Changes to These Terms

Fyneak reserves the right to modify, update, or replace any part of these Terms of Service at any time by posting the revised version on this page.

It is your responsibility to review these Terms periodically. Your continued use of the website following any changes constitutes acceptance of the updated Terms.