Terms and Conditions of Sale

Section 1 – Definitions

Fennko (hereinafter, the “Company”) offers these Terms and Conditions of Sale (hereinafter, the “Terms”).

In these Terms, the following definitions apply:

• “Site”: the website “https://tryfennko.com” and all of its pages, owned exclusively by the Company.
• “Products” or “Services”: all products (physical items) and services that can be purchased or ordered on the Site.
• “Seller”: Fennko, which offers its Products or Services on the Site.
• “Customer”: the internet user, whether an individual or a business, who purchases one or more Products or Services on the Site.
• “Consumer”: any individual acting for purposes outside their commercial, industrial, craft, or professional activity.

Any user who visits the Site and is interested in the Seller’s Products and Services is invited to read these Terms carefully, and to print them or save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read these Terms and accepts them in their entirety.

Section 2 – Application of the Terms and purpose of the Site

The Seller reserves the right to modify these Terms at any time by publishing a new version on the Site.

The Terms that apply to the Customer are those in effect on the day the Customer places their order on the Site.

Information about the owner and hosting provider of the Site, the collection and processing of personal data, and the conditions of use of the Site can be found in the Terms of Service, Legal Notice, and Privacy Policy of this Site.

This Site offers the online sale of everyday products, personal care products, and products that make daily life better.

Access to the Site is open and free of charge for any Customer. Purchasing a Product or Service means that the Customer accepts these Terms in their entirety and, by that fact alone, acknowledges being fully aware of them. This acceptance may consist, for example, of the Customer checking the box next to the statement accepting these Terms, with wording such as “I acknowledge that I have read and accept all of the Site’s terms and conditions.” Checking this box will have the same value as the Customer’s handwritten signature.

By accepting these Terms, the Customer represents that they have the legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they represent that they have the authorization of a guardian, conservator, or legal representative.

The Customer acknowledges the evidentiary value of the Seller’s automatic recording systems and, unless proven otherwise, waives the right to challenge them in the event of a dispute.

Any order of Products means that the Customer unreservedly accepts and fully agrees to these Terms and Conditions of Sale, which take precedence over any other document (catalogs, advertisements, instructions), unless the Company has expressly agreed otherwise in advance.

Section 3 – Customer service

Customer service for this Site is available by email at the following address: support@tryfennko.com. In their email, the Customer must include their first and last name, the reason for their request, and their order number.

For any business inquiry (partnerships, media, contract proposals), the Company can only be contacted by email at support@tryfennko.com.

Section 4 – How to place an order and description of the purchase process

The available Products and Services are those shown in the catalog published on the Site. Each product comes with a description written by the Seller based on information provided by the supplier.

The photos on the Site are for illustration purposes and may differ slightly from the products photographed. These differences are due to each screen’s and camera’s settings, product lighting, the angle of the shot, etc.

The “Cart” is the virtual space that holds all of the Products or Services the Customer has selected on the Site for purchase by clicking on them. To place an order, the Customer chooses the Product or Products they want and adds them to their “Cart,” the contents of which they can change at any time.

1. The Customer places their order through the Site: they enter and confirm the order on the Site.
2. To place an order on the Site, the Customer freely chooses one or more Products from the Site’s catalog and clicks the “Add to Cart” button. On the “Cart” page, the Customer can review the details of their order and correct any errors before confirming it.
3. On the “Information” page, the Customer must enter their contact details. They can choose to receive order updates by email by checking the corresponding box.
4. On the “Shipping” page, the Customer must choose from the shipping methods offered.
5. On the “Payment” page, the Customer must enter their payment details and billing address. They can also enter a discount code if they have one.
6. A complete order summary is displayed. The Customer can change any part of the order before completing it. The Customer is responsible for any errors they may make in their order, in the Products chosen, and in their contact details.
7. The sale is finalized when the Customer confirms the order by clicking the final payment button, after accepting the Terms and Conditions of Sale and paying with the method they have chosen, without prejudice to the right of withdrawal where applicable.

The order confirmation date is the date on which payment of the full price is received and verified.

Section 5 – Prices and payment methods

Unless otherwise stated, catalog prices are shown in the currency displayed on the site at the time of purchase and do not include any processing and shipping costs. Applicable taxes, if any, are shown to the Customer before they confirm their order.

The Seller reserves the right to pass on any tax changes in the price of the Products or Services. The Seller also reserves the right to change its prices at any time. However, the only price that applies to the Customer is the one shown in the catalog on the day of their order.

The Customer can place their order on this Site and pay using the payment methods available during checkout (in particular credit or debit card, Apple Pay, or PayPal). Card payments are made through secure transactions processed by an online payment provider.

This Site does not have access to any of the Customer’s payment information. Payment is made directly to the bank or payment provider receiving it. Product availability is shown on the Site, on each Product page.

Fennko will keep purchase orders and invoices on a reliable and durable medium that constitutes a true copy. The parties will consider electronic records as proof of the communications, orders, payments, and transactions between them.

Section 6 – Deliveries

Shipping costs will be shown to the Customer before any payment. Orders are shipped mainly to Mexico and the United States, but may also be shipped to other countries. The delivery times shown when placing the order are approximate and may be affected by postal service delays or other situations that prevent delivery (protests, bad weather, etc.).

For international shipments, the Customer declares themselves the importer of the Product and accepts that, in that case, the Seller may not be able to inform them precisely of the total amount of customs duties, customs fees, or import taxes that apply in the country of delivery. Any such costs are paid by the Customer.

Unless otherwise stated on the Site during checkout or in the description of the Products ordered, the Seller commits in all cases to delivering the Products within a maximum of thirty (30) days from the conclusion of the contract with a Consumer Customer.

If the package is delivered in person, the Customer may refuse it at the time of delivery if they notice any problem (damage, Product missing compared with the delivery receipt, damaged package, broken Products, etc.). In that case, the Customer must note any problem in writing on the delivery receipt, with their signature. To exercise their right of refusal, the Customer must open the damaged or defective package or packages in front of the delivery person and ask them to take back the damaged goods. If the package is left in their mailbox, the Customer agrees to check it right away and to contact Fennko customer service if they find any problem. If these instructions are not followed, the Customer will not be able to exercise their right of refusal and the Seller will not be required to process their request.

If the postal services or other carriers return the package to the Seller, the Seller will contact the Customer upon receiving it to ask how they would like to proceed with their order. If the Customer refused the package by mistake, they may request that it be reshipped, after first paying the shipping costs for the new package. These costs must be paid even if shipping on the original order was free.

In the event of a delivery error or an exchange, any product to be exchanged or refunded must be returned to the Seller complete and in perfect condition. No defect caused by the Customer’s carelessness or mishandling can be attributed to the Seller.

Any significant delay in delivery compared with the date or time frame given to the Consumer Customer when placing their order may lead to the cancellation of the sale at the Consumer Customer’s written request if, after asking the Seller to make the delivery, the Seller does not do so. In that case, the Consumer Customer will be refunded the full amount paid as soon as possible. This clause does not apply if the delay is due to force majeure.

Special case of a package marked “delivered” but not received: if the Customer notices and informs the Seller that they do not have the package even though their tracking number shows it was “delivered,” customer service may ask them for additional information, as well as an official document from the carrier responding to their claim regarding the tracking number concerned. The Seller will then do everything possible to ensure its Customer’s satisfaction.

Any claim for a package that was not received must be made within 45 days of the shipping date, as stated in our Shipping Policy.

Section 7 – Right of withdrawal

The Consumer Customer has fourteen (14) days from the date they receive the products in their order to withdraw from their purchase, without having to give any reason.

To exercise this right, the Customer must clearly inform the Seller of their decision by email at support@tryfennko.com, stating their name, order number, and the product concerned. The Seller will then provide the address where the product should be returned.

The product must be returned in its original packaging, complete, clean, and in hygienic condition that allows it to be resold. Trying the product is permitted. Return shipping costs are paid by the Customer.

The Customer is advised to return the product using a service that includes a tracking number. Otherwise, if the returned package does not reach the Seller, it will not be possible to open an investigation with the postal services to locate it.

The refund will be issued using the same payment method the Customer used for the original purchase, within approximately 7 business days of the return being received and approved, unless the Customer expressly agrees that the Seller may use another payment method, and provided that the refund does not result in any cost to the Customer.

The Seller also reserves the right to delay the refund until it has received the Product, or until the Customer provides proof that they have shipped it, if they have not done so already.

If the Products lose value due to handling other than what is necessary to determine their nature, characteristics, and proper functioning, the Customer may be held responsible.

The full return conditions are detailed in our Return and Refund Policy.

Section 8 – Product warranty

All Products sold on the Site are covered by the legal warranties that apply in the Customer’s place of residence, regardless of any commercial guarantee offered, such as the 90-day satisfaction guarantee described at the end of these Terms.

The Seller is required to deliver a product that conforms to the order and is responsible for any lack of conformity that exists at the time the Product is delivered. The conformity warranty may be claimed if the defect already existed on the day the Customer received the Product.

In the event of a lack of conformity, the Customer may, under the conditions and within the limits set by applicable law, request that the product be repaired or replaced or, failing that, a price reduction or cancellation of the sale.

If a delivered Product does not conform, it may be returned to the Seller, who will exchange it. If the Product cannot be exchanged (Product discontinued, out of stock, etc.), the Customer will be refunded the amount of their order. In that case, the costs of the exchange or refund (in particular return shipping costs for a confirmed defect) are paid by the Seller.

Section 9 – Liability

Fennko will not be liable for failure to perform the contract when it is due to force majeure. With respect to Products purchased, and to the extent permitted by applicable law, the Seller will have no liability for indirect damages arising from these Terms, such as operating losses, loss of profits, damages, or expenses that may occur.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to equipment incompatibility, will not give rise to any compensation, refund, or liability on the part of the Seller, except in the case of a proven hidden defect, lack of conformity, or defect.

The Customer expressly agrees that they use the Site at their own risk and sole responsibility. To the extent permitted by applicable law, Fennko will in no event be liable:

• for any direct or indirect damages, in particular loss of profits, lost revenue, loss of customers or data, that may result from, among other things, the use of the Site or the inability to use it;
• for a malfunction, lack of access, misuse, or incorrect configuration of the Customer’s computer, or for the Customer’s use of an uncommon browser;
• for the content of advertisements and other links or external sources that Customers may access from the Site.

Accordingly, the Seller will not be liable if the characteristics of the Products differ from the images on the Site or if those images are inaccurate or incomplete.

Section 10 – Force majeure

Force majeure or fortuitous events are events beyond the control of the parties that they could not reasonably foresee, avoid, or overcome, provided that they make it completely impossible to perform the obligations.

A force majeure event will automatically suspend the fulfillment of the order.

If the force majeure event lasts more than ninety (90) calendar days, either party may cancel the order and terminate the sales contract. To do so, the party concerned must send the other party a written notice terminating the contract.

In that event, neither party may claim damages, unless both parties agree otherwise.

Section 11 – Intellectual property rights

All elements of this Site belong to the Seller or to an authorized third party, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use the elements of the Site for any reason, even in part. Any simple link or hyperlink without the express written permission of the Company is strictly prohibited. In any case, any link, even if tacitly authorized, must be removed upon simple request from the Company.

Use of the Site is permitted for personal purposes only.

Full or partial reproduction of the Company’s catalog is strictly prohibited. Any other use constitutes counterfeiting and will be punished under applicable intellectual property laws, unless authorized in advance.

Any reproduction, representation, or adaptation of the logos, texts, icons, or videos, among other things, is strictly prohibited and will be considered counterfeiting.

A Customer who commits counterfeiting may have their account deleted without notice or compensation, without prejudice to any legal action the Seller or its representative may later take against them.

The trademarks and logos on the Site may be registered by Fennko or, where applicable, by one of its partners. Anyone who represents, reproduces, inserts, distributes, or redistributes them is subject to the penalties provided for by applicable intellectual property laws.

Section 12 – Processing of personal data

The Company collects the Customer’s data:

• a) to process and follow up on the Customer’s order on its Site; (and/or)
• b) to be able to contact the Customer about various topics related to the Company, in particular Product news and customer service; (and/or)
• c) to obtain information that helps improve the Site and the Products (in particular through cookies).

The data collected is processed by the providers engaged by the Site to handle the packaging and distribution of the Products ordered, as well as by the hosting provider Shopify Inc., whose servers are secure and protected by a firewall.

The Company keeps the data collected only for as long as necessary for the purposes mentioned.

The Customer has the right to access, modify, correct, and delete their personal data and to object to its processing, and may exercise this right at any time by email at support@tryfennko.com. The full conditions of data processing are detailed in the Site’s Privacy Policy.

Section 13 – Comments and other user submissions

If the Customer sends ideas, suggestions, or other material, whether online, by email, by postal mail, or by any other means (collectively, “comments”), whether or not at the Company’s request, they grant the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use, in any medium, the comments they send.

The Company is not and will not be under any obligation (1) to keep any comments confidential; (2) to pay compensation to anyone for any comments provided; (3) to respond to any comments.

The Company may monitor, edit, or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or criminal, or that infringes any intellectual property right or these Terms and Conditions of Sale.

The Customer agrees to write comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. The Customer agrees not to include in their comments any unlawful, defamatory, offensive, or obscene content, or any computer virus or other malicious software that could affect the operation of the Site or any related website. The Customer agrees not to use a false email address, not to impersonate anyone else, and not to attempt to mislead the Company or third parties about the origin of their comments.

The Customer is solely responsible for the comments they post and for their accuracy. The Company assumes no responsibility or liability for comments posted by the Customer or by any third party.

Section 14 – Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any other reason, that provision will be deemed severable from the Terms and will not affect the validity or enforceability of the remaining provisions.

These Terms supersede any prior or contemporaneous agreement, whether written or oral. The Customer may not assign, transfer, or sublicense these Terms.

A printed version of these Terms and of all notices provided in electronic form may be requested in judicial or administrative proceedings relating to the Terms.

Section 15 – Governing law and dispute resolution

The Site reserves the right to take legal action against any attempted fraudulent purchase or any purchase made with a prohibited, blocked, stolen, or counterfeit bank card.

If any clause of these Terms and Conditions of Sale becomes ineffective, this will not affect the validity of the other provisions or release the Customer from their contractual obligations.

Indemnification

The Customer agrees to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, agents, service providers, suppliers, and employees from any claim or demand by a third party, including reasonable attorneys’ fees and court costs, arising from the use of the website or the products and services, from a breach of these Terms, or from the Customer’s breach of their acknowledgments, agreements, representations, warranties, and obligations set out in them.

Dispute resolution

In the event of a dispute, the Customer is invited to first contact customer service at support@tryfennko.com to seek an amicable solution.

If no amicable solution is reached, the dispute will be submitted to the competent courts, and these Terms will be interpreted and governed in accordance with applicable law, without prejudice to any mandatory consumer protection provisions the Customer may be entitled to in their country of residence.

90-Day Satisfaction Guarantee

Every order of the Fennko Renaissance cream is covered by the 90-day satisfaction guarantee. If the Customer is not completely satisfied, they can email support@tryfennko.com within 90 days of receiving their order, with their name and order number, and they will be refunded 100% of the amount paid. This guarantee is in addition to the legal warranties and the right of withdrawal described in Sections 7 and 8.