Terms of service

For the purposes of these Terms of Service:

* **Account** means a unique account created for You to access our Service or parts of our Service.
* **Affiliate** means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
* **Application** means the software program provided by the Company or Operator downloaded by You on any electronic device, named FOSSI.
* **Buyer** refers to users of the Service who are placing Orders for Goods.
* **Country** refers to New Zealand.
* **Company** (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FOSSI, 18 Weston Avenue, Papatoetoe, Auckland, NZ.
* **Content** refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
* **Device** means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
* **Feedback** means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
* **Good, Item or Product** refers to the items or services offered for sale, rental, auction, contact, or any other means of trading on the Service.
* **Operator** (referred to as either "the Operator", "We", "Us" or "Our" in this Agreement) refers to FOSSI Marketplace.
* **Order** means a request by You to purchase or trade by any means Goods on the Application or Website.
* **Seller** refers to users of the Service who are listing Goods and making them available for trade by any means.
* **Service** refers to the Application or the Website or both.
* **Terms of Service** (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service. This Terms of Service agreement was generated by [TermsFeed](https://www.termsfeed.com/) and fine-tuned for FOSSI Marketplace.
* **Third-party Social Media Service** means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
* **Website** refers to FOSSI Marketplace, accessible from www.fossi.com.
* **You** means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

## 2 - Contact Us

If you have any questions about these Terms of Service, You can contact us:

* By email: fossimarketplace@gmail.com
* By visiting this page on our website: www.fossi.com

## 3 - Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

## 4 - Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws.

### 4.1 - For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

### 4.2 - United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

### 4.3 - Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.

### 4.4 - Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

## 5 - User Accounts

### 5.1 - Account Creation

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

### 5.2 - Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.

You may have to provide documents to comply with identity verification.

Before or during posting Goods, you may be asked to supply, without limitation, Your bank account details, and Your identity documents.

Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

### 5.3 - Account Review

Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

### 5.4 - Account Password

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

### 5.5 - Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help at fossimarketplace@gmail.com.

## 6 - Content

### 6.1 - Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

### 6.2 - Content Restrictions

The Company or Company or Operator is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

* Unlawful or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
* Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
* Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
* Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
* Impersonating any person or entity including the Company or Operator and its employees or representatives.
* Violating the privacy of any third person.
* False information and features.

The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company or Operator be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

### 6.3 - Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

### 6.4 - Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

We are ready to comply with local regulations in that matter (such as, for example, the Digital Millennium Copyright Act (DMCA) or the EU Copyright Directive).

If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see 3 - Contact Us) and include in Your notice the following information related to the alleged infringement:

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
* A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
* Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
* Your address, telephone number, and email address.
* A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
* A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

## 7 - Orders of Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

### 7.1 - Position of the Service in Orders

Our role is one of a facilitator between You and the Sellers, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between You and the Sellers.

We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with you.

### 7.2 - Your Information as Buyer

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

### 7.3 - Availability, Errors, and Inaccuracies

We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other websites.

We and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

### 7.4 - Prices Policy

The Company or Operator and Seller reserve the right to revise their prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order.

### 7.5 - Payments

Payment can be made through various payment methods we have available. We rely on payment gateways that have their own terms of service and their own limitations.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. We are not responible for the time it takes for processing bank payments as this is out of our control.

### 7.6 - Service Fees

We may charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time.

### 7.7 - Order Modification

You and the Sellers are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

### 7.8 - Order Cancellation

#### 7.8.1 - Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

* Goods availability
* Errors in the description or prices for Goods
* Errors in Your Order
* Mistakes from the Seller

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction or trade is suspected.

#### 7.8.2 - Order Cancellation by Buyers

If You as a Buyer cancel an Order, the amount You paid (including the Service fees) is not refunded.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.

#### 7.8.3 - Order Cancellation by Sellers

If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.

### 7.9 - Order Dispute

If a Buyer or a Seller disputes an Order, the Company or Operator should be notified. The dispute will be resolved at Our sole discretion.

## 8 - Disclaimer of Warranties and Limitation of Liability

### 8.1 - Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company or Operator and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD (or its equivalent in the Service local currency) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or Operator or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

### 8.2 - "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor Operator nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

### 8.3 - Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator.

The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

Never make payment for a sale outside of FOSSI Marketplace as you will not be covered by our buyers protection.

### 8.4 - Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

## 9 - Disputes Resolution about the Service

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company or Operator.

## 10 - Intellectual Property of the Service

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator.

## 11 - Your feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

## 12 - Changes to these Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application or Website and the Service.

Sellers Terms

Success fee

Its free to list an item for sale on our website. A success fee is only applied when an item is sold which is automatically deducted from the proceeds of the sale.

The success fee is 15% on each sale, as well as a 4.95% fee to cover the processing costs of Stripe, our payment partner.

This fee does not apply to shipping costs, so you will receive 100% of the shipping fee you charge to customers.

Listings

You the Seller are responsible for your listings. For this reason, please take care to describe your listed products accurately.

All listings require pre-approval from FOSSI. This is to ensure the best quality assurance.
Listings will not be approved until you verify your email address during sign-up.
Minimum listing price is $20 NZD.
Only orders shipped from New Zealand are permitted to be listed.
Only authentic brands are permitted to be listed.
The Buyer will be entitled to return an order to you if the order you sent is not what you said it was, has undisclosed damage or is an unauthentic brand (fake).

Provide as much detail as possible for your listing including images and descriptions. Ensure you have the product readily available for shipping. You can delete and edit any listing as necessary. All sales are made between you the Seller and the Buyer, therefore it's important you understand your obligations regarding returns, exchanges, faulty products or products not as described under New Zealand Consumer Law. Businesses who sell on FOSSI must post their listings in accordance with, but not limited to, the Fair Trading Act and Consumer Guarantees Act.

Shipping

You the Seller are responsible for shipping your products to the Buyer. When you list a product you will be able to set a shipping fee for the buyer. We recommend you add a shipping fee that covers the cost of rural deliveries within New Zealand.

We will notify you via email as soon as you make a sale and expect orders to be processed by you within 3 business days of receiving your order. The order confirmation email will include a link to the order details which includes the Buyer details such as name, contact number, delivery address and delivery notes.

Once you've shipped your item, mark it as shipped from order details. If the order has not been marked as shipped within two weeks, it will expire automatically and you won't get paid.

Please use a trackable or signed-for delivery service when shipping goods. When you fulfil your order, you should provide a tracking number to the Buyer so that they can track the delivery of the order. You can send your tracking number to the buyer using our inbox messaging system.

FOSSI does not accept liability for lost or undelivered products, or any damage that occurs during transit. As such, Its important to ship your items with a tracking number in case of any disputes with the Buyer and/or courier service.

Buyer Protection Returns

The Buyer has 24 hours after delivery to dispute an order. The Buyer is entitled to return the order to the Seller for a refund if the item was:

Not the same as described / different from the pictures.
Not an authentic brand (fake)
Undisclosed damage

The Buyer will be responsible for the costs of returning the item to the Seller.

Sales Proceeds

FOSSI uses Stripe to facilitate secure online payments. You will be prompted to enter your card details with stripe upon creating a listing.
Stripe securely holds the sales proceeds until the Buyer marks the item as having been received.
Sellers will be paid automatically after 14 days if the buyer doesn't acknowledge receipt, or alternatively the Seller can contact us with the tracking number 24 hours after delivery to request a manual release of the payment.
The buyer has 24 hours after delivery to dispute the item.
Stripe typically takes 1-10 days for your first payout after processing live payments. Once a payout is initiated, it usually takes 1-3 business days to reach your bank account.

General Information

By using this service, you are agreeing to our Terms and Conditions. It is important that you take the time to understand your obligations under these Terms and to also understand your rights and responsibilities regarding New Zealand Consumer Law.

If you have any questions, please get in touch via fossimarketplace@gmail.com

Disclaimer

FOSSI does not represent or guarantee that the service or the website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses.

The user acknowledges that the service or the website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

FOSSI does not warrant that any members' uploads to this website will be protected against loss or misuse or alteration by third parties. FOSSI does not warrant that all uploaded content will be available on our website. If FOSSI elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame. FOSSI reserves the right to cancel and refund any sale made through the website.

It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.

FOSSI does not accept responsibility for any loss or damage, however, caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user's use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

If the breach relates to goods: the supply of equivalent goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services: the supplying of the services again; or the payment of the cost of having the services supplied again This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

This website is operated by Garden of Edyn . Throughout the site, the terms “we”, “us” and “our” refer to Garden of Edyn . Garden of Edyn offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
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 are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales 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 that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Unique Crystals , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Unique Crystals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@gardenofedyncollection.com

Buyers Terms

Any item purchased through FOSSI is an offer by you the Buyer to purchase a particular product in accordance with these Terms.

When you purchase an item, an agreement is formed between you and the Seller for that particular item. Since we only serve as an agent between you and the Seller, we are not part of any agreement between you and the Seller.

You must verify your email address during sign up before making a purchase to ensure you receive order notification emails from us.

#### Buyer Protection
We offer buyer protection to ensure peace of mind when shopping on FOSSI.

- The Seller will only be paid once the item has been delivered.
- When the item has been delivered, you have a further 24 hours to dispute the order.
- If you receive the item and are happy with it, please mark the order as delivered in order details to release payment to the seller as soon as possible.

You are entitled to return the order to the Seller if the item you received is:
- Not the same as what you ordered
- Not an authentic brand
- Undisclosed damage

You the Buyer will be responsible for the costs of returning the item to the Seller. If a return is authorized, you must submit a tracking number for the return within 5 days of approval to be eligible for a refund. Further, all items must be returned to the Seller in their original packaging complete with any accessories. If the aforementioned conditions are not met, the Seller reserves the right to deny a return.

We invite you to notify the Seller of any issues as soon as possible. If you would like to return an item, please first attempt to contact the Seller directly via the inbox message system. If you are not satisfied with the outcome through speaking with the Seller, please select the dispute order selection in the order details page. You can also escalate your request to our support team via fossimarketplace@gmail.com.

Buyer protection does not cover issues with fit, style, or change of mind.

#### Product Care
If you have damaged the Goods yourself, or you have failed to take proper care of the Goods the Seller may not be able to provide you with a repair, refund or replacement. However, you may still be able to contact the Seller to arrange a repair or replacement.

The cost of any repair or replacement will be borne by you. Further, the arrangement for any repair or replacement shall be between you and the Seller only and we are or will not be a party to this arrangement.

#### Exchange
If you have changed your mind about your purchase, our Sellers will not be able to offer you a refund or exchange. However, you may be able to contact the Seller directly and arrange an exchange on your own.

#### Shipping Information
While all effort is made to ensure that items purchased from our Website will be processed by the Seller within 3 business days of receiving your order, we or the Seller cannot guarantee processing times. Our Sellers will use third party delivery companies to deliver your order. By placing an order for Goods you agree that your details, such as name, contact numbers, delivery address, will be passed to those third parties.

When the Sellers fulfil your order, they will provide you with a tracking number so that you can track the delivery of your order. Further, you agree that notwithstanding anything in these Terms, we or our Sellers are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.

If you ask for the product to be left at a delivery address, we or our Sellers are not responsible for loss, damage or theft of Goods once the Goods are delivered to that address. Further, if you require products that you have ordered to be redirected to an address other than your original order address, our Sellers may charge you a reasonable fee for doing this.

**It is the responsibility of the Seller to ensure their order is delivered to the Buyer. FOSSI does not accept liability for lost or undelivered products.**

#### Service Region
FOSSI services and ships within New Zealand and Australia at the discretion of the Seller.

#### Pricing
All prices shown on FOSSI are in New Zealand Dollars (NZD). Prices of items shown on the website are set at the discretion of the Seller.

#### Website Use
This website must not be used for any illegal or unauthorised purpose. The website must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social networking sites, is not allowed without express written permission from FOSSI.

#### User Responsibility
The user represents and warrants that they are of sufficient legal age to use the website and to create binding legal obligations for any liability they may incur as a result of the use of the website. The user agrees to be responsible for all of their use of the website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account.

#### Unacceptable Content
FOSSI encourages all users to the site to report any inappropriate content via fossimarketplace@gmail.com

Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the user's own risk.

#### Warranties
FOSSI offers an "as is" service. FOSSI does not supply any warranties in relation to content represented on the website.

#### Disputes
FOSSI is released from any claims arising from disputes between users and members of the website, including disputes between Sellers and Buyers, between Sellers and Sellers, and between Buyers and Buyers.

#### Communication
When communicating with other users on FOSSI, you agree to be respectful to each other. If any participant is found to be abusive, FOSSI reserves the right to intervene and discontinue the accounts of participants involved.

#### Definitions
Seller: Seller is defined as the person who is selling the item via FOSSI.

Buyer: Buyer is defined as the person who has made a purchase on FOSSI through an online payment.

User: User is defined as any person, member or not, who browses or uses the website for any purpose.

Item: Item is defined as any item that is offered for sale on or sold via the website.

Product: Product is defined as any item that is offered for sale on or sold via the website.

#### Disclaimer
FOSSI does not represent or guarantee that the service or the website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses.

It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded.

If the breach relates to goods:
the supply of equivalent goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods;
or the payment of the cost of having the goods repaired;
and if the breach relates to services:
the supplying of the services again;
or the payment of the cost of having the services supplied again
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.