USE OF THE SERVICES
a. Order Processing. Orders may only be placed using the Services for personal use and not for resale. Follain reserves the right, in its sole discretion, to not process or to cancel your order or to limit quantities. For most orders, you will not be charged until your order ships from our warehouse.
b. Taxes. For Follain’s Tax Policy, which may change from time to time, please see below.
c. Shipping and Delivery. For Follain’s Shipping and Delivery Policy, which may change from time to time, please see below.
d. Returns. For Follain’s Return/Exchange Policy, which may change from time to time, please see below.
e. Product Availability. All offers of products as they are displayed via the Services are subject to availability. Follain reserves the right to change the items offered via the Services at any time and without notice. The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly. If a product is not available for shipping promptly after your place your order, you will be notified, an d you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. Follain shall not be liable if products are not in stock or otherwise not available.
g. Listed Price. The pricing for all products available via the Services are in United States dollars and exclude taxes and shipping costs. We strive to ensure all pricing information is correct. If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product.
ADDITIONAL TERMS AND CONDITIONS
b. Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Follain but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges.
a. Ownership. The Services and all content available through the Services (including all intellectual property of any nature, whether registered or unregistered, including all text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by Follain and its affiliates, and their respective licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained within the Services. The “Follain” trademark and all other Follain related marks and logos, whether registered or not registered, displayed via the Services, as well as the domain name “follain.com,” are and will remain the exclusive property of Follain. Any reproduction, distribution, transmission, modification or use of any Follain trademark for any purpose is prohibited. You may not remove any copyright, trademark or other proprietary notice contained in the Services or any content contained therein.
CLAIMS OF COPYRIGHT INFRINGEMENT
Follain respects the intellectual property of others, and we ask our users to do the same. Follain may, at its discretion, disable and/or terminate the accounts of users of the Services who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Follain with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent at the address below):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Services;
d. your address, telephone number, and, if available, email address;
e. 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; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf
Follain’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent c/o Follain 401 Park Drive, 9th Floor Boston, MA 02215 USA
By email: HELP@FOLLAIN.COM Follain may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
UNAVAILABILITY OF SERVICES; TERMINATION; FRAUD
The Services may be accessed from countries other than the United States. The Services may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Services outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER; LIMITATION OF LIABILITY
IN NO EVENT SHALL FOLLAIN OR TEAM LAUNCH, LLC, OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, DIVISIONS OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “RELEASEES”) BE LIABLE TO YOU, ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES, ANY CONTENT OR INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY FOLLAIN OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ANY RELEASEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASEES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO FOLLAIN IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASEES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF FOLLAIN.
Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
c. Location of Arbitration. Arbitration may be initiated in either Massachusetts or the county in which you reside. In the event that you select the county of your residence, Follain or the applicable Releasee may transfer the arbitration to Massachusetts if it agrees to pay any additional fees or costs you incur as a result of the change in location in such amounts as determined by the arbitrator.
d. Exceptions. Notwithstanding anything to the contrary in this Section 11, either you or Follain may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secret will not be subject to this arbitration provision. Any dispute not subject to arbitration will be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in Boston, Massachusetts. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.
We may give notice to you by email, a posting on the Site or other reasonable means. You must give notice to us in writing via email to CUSTOMERSERVICE@FOLLAIN.COM or as otherwise expressly provided.
Last updated April 2, 2017
GIFT CARD TERMS AND CONDITIONS
- No fees are imposed on Gift Cards, and if purchased, they do not expire.
- Certain Gift Cards that are not purchased are considered Promotional Cards, and the terms and conditions may vary. Promotional Cards may have an expiration date, as indicated at the time of issuance.
- Gift Cards can only be redeemed at the Follain website toward the purchase of products available thereon. They cannot be applied to any orders previously placed or be redeemed for other Gift Cards.
- Gift Cards are non-transferable and may not be returned or redeemed for cash (except as required by law).
- If your order total is less than the value of the Gift Card, the remaining balance will continue to be available on the Gift Card and can be redeemed against subsequent orders. You may check your Gift Card balance on the Follain website or by calling customer assistance.
- To redeem a Gift Card you must enter the Gift Card information during checkout.
- All remaining balances exceeding the value of your Gift Card must be paid by another Gift Card, credit card or debit card.
- If you return any item you purchased using a Gift Card, the amount paid using a Gift Card will be issued to you on a new Gift Card and will be eligible for redemption against subsequent orders. You may check your Gift Card balance on the Follain site.
- Electronic Gift Cards will be emailed to the recipient after payment has been processed, and physical Gift Cards will be shipped in accordance with our Shipping and Delivery Policy. A confirmation will also be sent to the purchaser.
- Delivery of an electronic Gift Card to an incorrect or non-existent email address is the sole responsibility of the purchaser. Delivery of a physical gift card to an incorrect or non-existent shipping address is the sole responsibility of the purchaser. We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission. Gift Cards will not be replaced if lost or stolen without proper proof of purchase. Please treat them like cash.
- Sales tax and shipping charges are applicable to any items purchased with a Gift Card.
- We reserve the right to refuse, cancel or hold for review Gift Cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination, or for other violations of gift card policies.
- Please note that Promotional Cards are not gift cards, and the terms and conditions may vary. Promotional Cards may have an expiration date, as indicated at the time of issuance.
PROMOTIONAL CARD AND PROMOTIONAL CODE TERMS AND CONDITIONS
Updated – November 3, 2017
- Follain may provide Promotions from time to time, directly or through a third party, that are redeemable for a specified discount or other benefit for a fixed period of time. No fees are imposed on Promotions.
- Promotions may have an expiration date or special terms, as indicated at the time and place of issuance, after which time such Promotions are void. Follain is under no obligation to accept expired or otherwise invalid or void Promotions.
- Promotions can only be redeemed at the Follain website toward the purchase of products available at the website during the Promotional period. They cannot be applied to any orders previously placed or be used toward the purchase of Gift Cards.
- Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law). Follain is under no obligation to provide any compensation in connection with Promotions that are lost or expired.
- If your order total is less than the value of the Promotion, the remaining balance will continue to be available on the Promotion and can be redeemed against subsequent orders, subject to any expiration or other restrictions applicable to the specific Promotion. You may check your Promotion balance on the Follain website or by calling customer assistance.
- To redeem a Promotion you must enter the Promotion information when prompted during checkout. Additional restrictions may apply, as indicated at the time of issuance.
- If the purchase price of the product(s) purchased exceed the value of your Promotion, the excess amount must be paid by another acceptable form of payment (Gift Card, credit card or debit card).
- If you return any item you purchased using a Promotion, the amount paid using a Promotion will not be reissued to you and will not be eligible for redemption against subsequent orders.
- Please take care in handling and using any Promotion, as Follain is not responsible if a Promotion is lost, stolen, misdelivered, destroyed or otherwise used incorrectly.
- Sales tax and shipping charges are applicable to any item purchased with a Promotion.
- We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders for suspected fraud, for Promotions mistakenly issued in an incorrect denomination, or for other violations of the Promotion policies, in whole or in part for any reason or no reason, to the extent permitted by law. If we suspect misuse of a Promotion, it may be suspended or terminated.
- Please note that Promotions are not Gift cards, and the terms and conditions may vary. .
- Follain has no responsibility with respect to any third party product or service provided, or any marketing claim or promotional offer made, by a third party. Follain has no obligation to provide you with any compensation, or to modify the Promotion or the Promotion requirements in connection with any Promotion you obtained from a third party that was acting improperly.
- Notwithstanding any promotional material or statements made elsewhere, no Promotion may be used for purchasing any product at the Follain website offered by any of the following brands: Josh Rosebrook, May Lindstrom, La Bella Figura, Vintner’s Daughter, and all gift kits and bundles.
SHIPPING AND DELIVERY POLICY
Updated – April 2, 2017
As part of the order procedure, you will be asked to select your preferred shipping method, and your shipping cost, if any, will depend on the method you select. We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the site before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
Most items will ship via common carrier (such as UPS, FedEx, or USPS) and require a valid shipping address. Some carriers generally will not ship to a P.O. Box or military address.
SHIPPING COSTS AND TIMING
During the ordering procedure, we will inform you of the estimated time required for delivery and the various forms of delivery available for the goods purchased. We provide free shipping on orders over $50 standard ground service to most destinations in the United States.
In some cases, certain delivery options may not be available, may require additional shipping fees or may take longer. Items subject to these additional shipping and delivery charges will be displayed during the ordering procedures and may not be eligible for any reduced or free shipping offers. All orders placed before 5pm ET on business days for product in our warehouse will ship the same day. If such orders are placed after 5 pm ET, the order will ship within one business day. A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order. Please be advised that deliveries are not typically made on weekends or holidays.
If your order or a part of your order is not able to ship without material delay for any reason, Customer Service will contact you to provide more detail and an estimated shipping date.
Unless otherwise noted, at the time of purchase, you may return or exchange any product purchased via the Services for a refund in the case of an unopened product or credit in the case of an opened product. (see Section 3 below). Gift Cards cannot be returned. You must return any eligible item within thirty (30) calendar days of the delivery date. Items must be in the original packaging (including, if possible, the original delivery box) and be accompanied by the original invoice.
To return an eligible item, you may request a return label by contacting Customer Service at HELP@FOLLAIN.COM.
After your item is received and inspected, in most cases your refund will be processed and a credit will be automatically applied to your credit card or original method of payment. For returns related to products purchased during certain events, such as private sale events, your refund may be credited in the form of an electronic gift card, as noted at the time of purchase. Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied to post to your account. Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price plus applicable sales tax (if any). If a Gift Card was utilized in the original purchase, we will issue a new Gift Card for the value of the return refund. If the credit card used in connection with the purchase is expired or invalid, the refund will transfer over to your new card if it is with the same bank. If this is not possible, we will issue a check to the billing address on the credit card.
Updated – April 2, 2017
We charge and collect state, local and county taxes for online transactions based on shipping address and as required by applicable laws and regulations. An estimate of these taxes will be provided during the ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax.
Applicable taxes will be applied to orders shipped to any location where we are required to collect taxes. If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes. You cannot assume that your purchase is exempt merely because it is made over the internet.
No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.