Effective Date: February 2, 2021
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 and Product Warranty. 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, and 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; Information. 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
d. Text Messages. You may elect to receive certain messages from Follain at your mobile phone number, including messages to (1) respond to your inquiries regarding your account or purchases, (2) provide you with information you request, and (3) inform you about products or services that may be of interest to you. You need not agree to receive such messages in order to shop or purchase our products. If you provide 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 without charge from Follain but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges.
If you elect to receive texts from us, you acknowledge and agree to be bound by the following terms:
You represent and warrant to us that: (i) you are the owner of the mobile phone number you designate in Follain’s system to receive communications from Follain via Short Message Service or text (“Texts”), and (ii) you are solely responsible for any mobile message or data charges that may be incurred by communicating with us via Texts. You may register to receive Texts by entering and submitting your phone number in any provided submission form available on our Site, which may include a submission form managed by one of our third party service providers. By entering your phone number and/or by confirming your desire to receive Texts from us, you consent to these terms and to receive Texts as described herein. By agreeing to receive Texts, you also consent to the use of an electronic record to document your agreement.
You may receive an initial message confirming that we have received your opt-in. After that, the number of Texts you receive will vary depending upon how you use our Service and whether you take steps to generate additional Texts from us (such as by sending a HELP request). You may withdraw your consent to the use of the electronic record by emailing us at firstname.lastname@example.org with “Revoke Electronic Consent” in the subject line. In order to cease receiving Texts, you may unsubscribe by replying STOP, QUIT, CANCEL, UNSUBSCRIBE, and/or END to any text message you receive, or you may contact Follain Customer Service by email at email@example.com with “Stop Sending Texts” in the subject line and request to be unsubscribed. You consent that following such a request to unsubscribe, you may receive one (1) final message from Follain confirming that you have been inactivated in our system. Please allow up to three (3) business days to process your request. Following such confirmation message, no additional text messages will be sent to you unless you re-activate your subscription to receive messages.
Follain is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
You acknowledge and agree that the Texts may be provided in some cases through automatic telephone dialing technology, an artificial voice, or a pre-recorded voice, and by our third party service providers. By subscribing to receive Texts, you expressly consent to receive the Texts through automatic dialing technology, artificial and pre-recorded voice to the telephone or cell phone number you have provided to us.
Please be advised that by providing us your mobile number, you agree to immediately inform us when you no longer control such number. Without limiting the foregoing, if you: (i) have your phone number reassigned to another person or entity; (ii) give up your phone number so that it is no longer used by you; (iii) port your phone number to a landline or vice versa; or (iv) otherwise stop using that phone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Follain of the Phone Number Change via e-mail at: firstname.lastname@example.org with “Stop Sending Texts” in the subject line.
Follain reserves the right, in its sole discretion, to cancel or suspend any or all of the Texts, in whole or in part, for any reason, with or without notice to you.
e. Promotional Cards and Promotional Codes.
d. Follain Clean Points Rewards Program
a. Ownership. The Services and all content available through the Services, including all text, design, graphics, logos, icons, images, audio, video, downloads, interfaces, code and software, as well as the selection and arrangement thereof (collectively, the “Content”) are the exclusive property of and owned by Follain and its affiliates, and its 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 Content. 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. The Content is for informational purposes only. Reliance on the Content is solely at your own risk.
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:
268 Summer Street 6th Floor
Boston, MA 02210
By email: email@example.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.
DISCLAIMERS; LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOLLAIN DISCLAIMS ANY WARRANTIES THAT ACCESS TO OR USE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.
EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT SHALL FOLLAIN OR ITS PARENTS, SUBSIDIARIES, DIVISIONS OR AFFILIATES OR ITS 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 OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH 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.
GIFT CARD TERMS AND CONDITIONS
1. No fees are imposed on Gift Cards, and if purchased, they do not expire.
2. Certain Cards that are not purchased are considered Promotional Cards, and the terms and conditions may vary and are described below. Promotional Cards may have an expiration date, as indicated at the time of issuance.
3. Gift Cards can only be redeemed at the Follain Site toward the purchase of products available thereon. They cannot be applied to any orders previously placed or be redeemed for other Gift Cards.
4. Gift Cards are non-transferable and may not be returned or redeemed for cash (except as required by law).
5. 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 Site or by calling customer assistance.
6. To redeem a Gift Card you must enter the Gift Card information during checkout.
7. All remaining balances exceeding the value of your Gift Card must be paid by another Gift Card, credit card or debit card.
8. 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.
9. 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.
10. 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.
11. Sales tax and shipping charges are applicable to any items purchased with a Gift Card.
12. 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.
PROMOTIONAL CARD AND PROMOTIONAL CODE TERMS AND CONDITIONS
1. 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.
2. 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.
3. Promotions can only be redeemed at the Follain Site toward the purchase of products available at the Site during the Promotional period. They cannot be applied to any orders previously placed or be used toward the purchase of Gift Cards.
4. 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.
5. 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 Site or by calling customer assistance.
6. 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.
7. 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).
8. 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.
9. 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.
10. Sales tax and shipping charges are applicable to the full retail price of any item purchased with a Promotion.
11. 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.
12. Please note that Promotions are not Gift cards, and the terms and conditions may vary.
13. 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.
14. Notwithstanding any promotional material or statements made elsewhere, no Promotion may be used for purchasing any product at the Follain Site offered by any of the following brands: Josh Rosebrook, May Lindstrom, La Bella Figura, Vintner’s Daughter and all gift kits and bundles.
Follain Clean Points Terms and Conditions
Membership in the Rewards Program is offered by Follain to all individuals who create an account on the Follain Site or at a Follain retail location (“Members,” “you,” or “your”) and is free of charge.
Your membership is non-transferable and you may only have one (1) membership at a time. We reserve the right to terminate any account for any reason.
Earning Clean Points
You will earn Clean Points based on the U.S. dollar amount that you pay for products at Follain, excluding tax, tips, donations, discounts, delivery fees, purchases made with Clean Points , or other promotional credit or forms of Follain provided compensation (“Qualifying Spend”). Purchases made before becoming a Member will not be counted as Qualifying Spend.
Purchases of Gift Cards will not generate Qualifying Spend. However, products paid for by Members using a Gift Card will be eligible for Qualifying Spend. The portion of any purchases made through the use of Clean Points is not Qualified Spend.
In addition to Qualified Spend, Members can earn additional Clean Points for the following activities:
· Becoming a Member
· Referring a new Member who makes a $50 purchase
· Following Follain on Instagram
· Your Birthday
· Recycling in store
· Refilling Refillable Everything Soap in store
· Attending an event in store
Follain may provide Clean Points incentives from time to time, related to a specific product or group of products for a fixed period of time.
If you cancel your order, you will not earn Clean Points on that purchase.
Using Clean Points
You may use your Clean Points when you purchase products at the Follain Site or in Follain stores. Each 200 points applied to a purchase of products shall reduce the purchase price you must pay by $6.00, but you may only use up to 1,000 Clean Points on a single purchase.
If you used Clean Points on a canceled order, those Clean Points will be credited back to your account.
Points cannot be used to purchase Gift Cards or gift certificates.
Other Terms and Conditions
Orders placed by or on behalf of third party aggregators, groups, organizations, and business entities will not generate Qualifying Spend or entitle you to receive Clean Points. Follain reserves the right to delay, suspend, recalculate, reduce or revoke any Qualifying Spend or Clean Points, if Follain determines that the Rewards Program terms or conditions have not been satisfied.
Your Qualifying Spend is non-transferable and cannot be combined with the Qualifying Spend of other Members.
Clean Points are promotional in nature and have no cash value and are not exchangeable for cash or any cash equivalent under any circumstances. Clean Points have no value outside of this Rewards Program. Clean Points cannot be assigned, exchanged, sold, traded, bartered, purchased, given by gift or otherwise transferred.
E-mail Communications. By participating in the Rewards Program, you agree to receive e-mail communications from Follain regarding the Rewards Program, including without limitation, communications regarding your Qualifying Spend, Clean Points, and membership level status; incentives; promotions and events; new products; Rewards Program expiration notifications; and commercial messages which may be of interest to you. To unsubscribe from Follain’s commercial e-mails, use the unsubscribe link in any commercial e-mail message you receive. If you request to unsubscribe, you may still receive administrative or transactional e-mails from time to time regarding your account, product purchases or returns, and updates to this Agreement.
Rewards Program Termination/Modification. Follain may terminate the Rewards Program at any time, with or without notice. Any Clean Points accumulated and not used prior to the termination of the Rewards Program shall be forfeited without compensation. Follain reserves the right to modify and interpret any of the rules, terms, conditions, and benefits of the Rewards Program in its sole discretion, with or without notice, and all such decisions will be final.
SHIPPING AND DELIVERY POLICY
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 DHL, 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 standard ground shipping on orders over $50 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 product orders generally ship within 2 days after the date on which the order is placed. 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.
RETURN POLICY AND PRODUCT WARRANTY
Unless otherwise noted at the time of purchase, you may, within thirty (30) days of purchase or receipt of the product (whichever is later), return or exchange any product purchased on the Follain Site or in a Follain store for a refund in the case of an unopened product, or credit to be used at our Site or in our stores in the case of an opened product. Items must be in the original packaging (including, if possible, the original delivery box) and be accompanied by the original invoice. Gift Cards cannot be returned.
The foregoing right to return is Follain’s sole limited product warranty for products you purchase on our Site or in our stores, and is only available to the original purchaser. THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPLACEMENT OR REFUND AS DESCRIBED ABOVE.
To return an eligible item, you may request a return label by contacting Customer Service at firstname.lastname@example.org
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.
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.