Terms of Service
OVERVIEW
This website and its related services are operated by the Fallforsnow team. Throughout the website, the terms “we,” “us,” and “our” refer to Fallforsnow.
Fallforsnow offers this website, including all information, tools, products, and services available through this website, to you subject to your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or made available through links on our website.
These Terms apply to all users of the website, including, without limitation, browsers, customers, merchants, vendors, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained in this agreement, you may not access the website or use any of our Services.
Any new features or tools added to the current store will also be subject to these Terms. You may review the most current version of these Terms at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to review this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes to the extent permitted by applicable law.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you agree not to use our products or Services for any illegal or unauthorised purpose, and you may not, in your use of the Service, violate any applicable laws or regulations, including intellectual property and copyright laws.
You must not transmit any viruses, worms, malware, or other destructive code.
A breach or violation of these Terms may result in the restriction or termination of your access to the Services, subject to applicable law.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone where permitted by applicable law.
You understand that certain content you submit, excluding payment information, may be transferred over various networks and may involve changes to conform and adapt to technical requirements of connecting networks or devices.
Payment and credit card information is encrypted during transmission in accordance with applicable security standards used by our payment service providers.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or contact through the website through which the Service is provided without our express written permission.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We make reasonable efforts to provide accurate and current information on this website. However, we do not guarantee that all information made available on this website will always be accurate, complete, or current.
Information provided on this website is for general informational purposes and should not be relied upon as the sole basis for making decisions where more complete, accurate, or current information may be appropriate.
This website may contain certain historical information. Historical information is necessarily not current and is provided for reference only.
We reserve the right to modify the contents of this website at any time, subject to applicable law.
You are responsible for monitoring changes to our website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change from time to time without prior notice.
We reserve the right to modify, suspend, or discontinue the Service, or any part or content thereof, at any time, subject to applicable law.
Nothing in these Terms excludes or limits any rights or remedies available to you under applicable consumer protection laws.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through our website.
Products may be available in limited quantities and may be returned or exchanged only in accordance with our applicable Return & Refund Policy and your rights under applicable consumer protection laws.
We make reasonable efforts to display the colours, images, and other details of our products as accurately as possible. However, we cannot guarantee that the display on your computer, mobile device, or other screen will accurately reflect the actual colour or appearance of a product.
We reserve the right, where permitted by law, to limit the sale of our products or Services to any person, geographic region, or jurisdiction.
We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services we offer.
Product descriptions, availability, and prices may be changed at any time without notice, subject to applicable law.
We reserve the right to discontinue any product at any time where permitted by law.
Any offer for any product or Service made on this website is void where prohibited by law.
Nothing in these Terms limits or excludes any rights available to consumers under Australian Consumer Law.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us where permitted by applicable law.
We may, at our discretion, limit or cancel quantities purchased per person, household, or order.
These restrictions may include orders placed under the same customer account, payment method, billing address, shipping address, or other information suggesting that multiple orders are related.
If we change or cancel an order, we may attempt to notify you using the email address, billing address, or telephone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers, distributors, or for fraudulent or unauthorised purposes.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your account information, including your email address and payment information, where necessary so that we can complete transactions and contact you as required.
For additional information regarding returns or refunds, please review our Return & Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or operate.
You acknowledge and agree that access to such tools may be provided on an “as is” and “as available” basis without warranties, representations, or endorsements by us, except where otherwise required by applicable law.
We will not be responsible for issues arising solely from your use of optional third-party tools to the extent permitted by applicable law.
Your use of optional third-party tools is at your own discretion, and you should review and understand the terms and privacy practices of the relevant third-party provider before using such tools.
We may introduce new Services, features, tools, or resources through the website in the future. Any new Services, features, or resources will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, or Services available through our Service may include materials provided by third parties.
Third-party links on this website may direct you to websites that are not affiliated with us.
We are not responsible for examining or evaluating the content, accuracy, availability, privacy practices, or policies of third-party websites.
To the maximum extent permitted by applicable law, we do not assume liability for third-party websites, products, Services, materials, or transactions.
Before engaging in any transaction with a third-party website, you should carefully review that third party’s policies, terms, and practices.
Complaints, claims, concerns, or questions regarding third-party products or Services should generally be directed to the applicable third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit certain materials at our request, such as contest entries, or voluntarily submit creative ideas, suggestions, proposals, plans, reviews, feedback, or other materials, whether online, by email, by mail, or otherwise, collectively referred to as “Comments,” you grant us permission, to the extent permitted by law, to use, reproduce, edit, publish, distribute, translate, and otherwise use those Comments in connection with our business and Services.
Unless otherwise required by applicable law, we are not obligated to:
- Maintain Comments in confidence;
- Pay compensation for Comments; or
- Respond to Comments.
We may, but are not obligated to, monitor, edit, or remove content that we reasonably determine is unlawful, offensive, threatening, defamatory, obscene, misleading, or otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
You also agree that your Comments will not contain unlawful, abusive, misleading, obscene, or malicious material, viruses, malware, or other harmful code.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Comments.
You are responsible for the Comments you submit and their accuracy.
SECTION 10 – PERSONAL INFORMATION
Your submission and our processing of personal information through the store are governed by our Privacy Policy.
Please review our Privacy Policy for more information about how we collect, use, disclose, and protect personal information and the privacy rights that may be available to you.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability.
We reserve the right to correct errors, inaccuracies, or omissions and to update information where appropriate.
Where permitted by applicable law, we may also cancel an order if information relating to that order was materially inaccurate at the time the order was placed.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
Except where required by law, we are not obligated to update, amend, or clarify information in the Service solely because information has changed.
Any update date displayed on the website should not be interpreted as meaning that all information on the website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other restrictions set forth in these Terms, you are prohibited from using the website, its content, or the Service:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in unlawful acts;
(c) To violate any applicable federal, state, local, international, or other law, regulation, rule, or ordinance;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, threaten, intimidate, defame, discriminate against, or otherwise harm another person in violation of applicable law;
(f) To submit false, deceptive, or misleading information;
(g) To upload or transmit viruses, malware, malicious code, or other material that may interfere with the functionality or operation of the Service, any related website, other websites, or the internet;
(h) To unlawfully collect, track, or process the personal information of others;
(i) To engage in spam, phishing, scraping, crawling, automated data collection, or other abusive activity;
(j) For obscene or unlawful purposes; or
(k) To interfere with, circumvent, or attempt to defeat security features of the Service, related websites, other websites, or the internet.
We reserve the right to suspend or terminate your use of the Service for violations of these prohibited uses, subject to applicable law.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the extent permitted by applicable law, we do not guarantee that your use of the Service will always be uninterrupted, timely, secure, or error-free.
We do not guarantee that all results obtained through the use of the Service will always be accurate or reliable.
From time to time, we may temporarily suspend or discontinue all or part of the Service, subject to applicable law.
Except where otherwise expressly stated by us or required by law, the Service and products made available through the Service are provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable law, we exclude warranties and conditions that may otherwise apply, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, durability, and non-infringement.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies available to you under applicable consumer protection laws, including the Australian Consumer Law.
To the maximum extent permitted by applicable law, Fallforsnow and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs arising out of or relating to your use of the Service or products purchased through the Service.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
SECTION 14 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Fallforsnow and its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from claims, demands, liabilities, damages, and reasonable costs arising from:
- Your material breach of these Terms;
- Your violation of applicable laws or regulations; or
- Your infringement of the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion will be deemed separated from these Terms, and such determination will not affect the validity or enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date will survive termination where appropriate.
These Terms remain effective unless and until terminated by you or us.
You may stop using our Services at any time.
If, in our reasonable judgment, you fail to comply with a material term or provision of these Terms, we may suspend or terminate your access to all or part of the Service, subject to applicable law.
You will remain responsible for any amounts lawfully due and payable up to the effective date of termination.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted by us on this website in connection with the Service, constitute the entire agreement between you and us regarding your use of the Service and supersede prior or contemporaneous agreements, communications, and proposals relating to the same subject matter.
Any ambiguity in the interpretation of these Terms will be interpreted in accordance with applicable law.
SECTION 18 – GOVERNING LAW
These Terms and your use of the Service shall be governed by and construed in accordance with the federal laws of the United States and the laws of the State of Colorado (CO), without regard to conflict-of-law principles.
We will comply with applicable U.S. federal laws, Colorado (CO) laws, and other mandatory laws and regulations relevant to our business operations, payment processing activities, online transactions, and dealings with customers.
Nothing in these Terms is intended to exclude, restrict, or waive any mandatory consumer rights or protections available under applicable federal law, Colorado law, or other applicable state laws where such rights cannot legally be waived.
SECTION 19 – CHANGES TO THESE TERMS
You may review the most current version of these Terms at any time on this page.
We reserve the right, at our discretion, to update, modify, or replace any part of these Terms by posting revised Terms on our website.
Where required by applicable law, we will provide additional notice of material changes.
Your continued use of the website or Service following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by applicable law.
CONTACT INFORMATION
For questions regarding these Terms of Service, your order, or our Services, please contact us at:
Email: service@fallforsnow.com
Fallforsnow Team
Company Name: WS TRADING COMPANY LTD
Company Address: 6161 S SYRACUSE WAY STE 320 GREENWOOD VILLAGE,CO 80111
NOTE:
Products may be available in limited quantities and may be returned or exchanged only in accordance with our applicable Return & Refund Policy and your rights under applicable consumer protection laws. For additional information regarding returns or refunds, please review our Return & Refund Policy.
For information about shipping, returns, refunds, payments, or order tracking, please review the relevant policy pages available on our website.