Welcome to OurFren!

The website located at www.ourfren.com (hereinafter the “website”) is owned and controlled by OurFren LLC, formed and operating in accordance with the laws of the State of New Jersey (the “Company,” “OurFren,” “we,” “us” or “our”).

The Company offers the website to you subject to your acceptance of these terms and conditions, including our shipping, returns, and refunds policy and privacy policy as amended (collectively referred to as the “Terms” or the “Agreement”).

Please read this Agreement before accessing the website and placing any orders. All product sales will be governed by the Agreement effective when you place your order.

IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ORDER ANY PRODUCT THROUGH OUR WEBSITE.

1. Definitions and Interpretation

1. The following words, whenever used in this Agreement, shall have the meaning as defined hereunder:

“Customer”	refers to a user who places an order through the website.
“Product”	refers to any item offered for sale through the website.
“User”, “you”, or “your”	refers to a website visitor and/or customer, as the context dictates.

2. The headings of sections in this Agreement are merely for ease of reference and will not influence the interpretation of the Agreement.

3. Using masculine, feminine, or neuter genders and singular or plural numbers will not result in exclusions or restrictions in this context.

4. All pronouns will be considered masculine, feminine, neuter, singular, or plural, as the identity of the individual or organization necessitates.

2. Eligibility

Unless expressly stated otherwise, only individuals eighteen (18) years of age or older are eligible to create an account and place orders through the website. If you are under the age of 18 and wish to purchase a product, you may request your parent or legal guardian to order it for you.

Please note that we reserve the right to restrict your access to the website or decline your order if we suspect that you do not meet our eligibility criteria as outlined above.

IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE STRICTLY PROHIBITED FROM SUBMITTING ANY PERSONAL INFORMATION THROUGH THE WEBSITE.

3. Account Registration and Safety

Although you can order products through the website without registering an account, certain website features and functionality are only available to users who create an account.

You can sign up for an account using your email address or your account on a third-party service such as Google or Apple ID. When requested, you agree to provide us with only true, accurate, complete, and current information. We process all your personal information in accordance with our Privacy Policy. Please review our Privacy Policy before signing up for an account or ordering products through our website. If you do not agree with our privacy practices, please refrain from using our website.

You acknowledge and agree that we issue all website accounts at our sole discretion. We may decline to provide an account to any user without giving any reason for our decision.

You are solely responsible for maintaining the confidentiality of your website account login details. You must immediately notify us of any unauthorized use of your user account. You hereby release the Company from any claim, loss, or damage suffered by you as a result of any unauthorized access to your user account.

4. Product Images

All product images available on the website are for illustrative purposes only. Product colors may vary slightly from images displayed on the website due to different screen resolutions and studio lighting. Some products may appear larger or smaller than their actual size. Wherever possible, we will display the actual size of the product. For any pre-sale product-related questions, please contact us at sales@ourfren.com

5. Order Placement and Acceptance

You can select and add products you wish to purchase to your shopping cart. All products listed on the website, including those in your shopping cart, are subject to availability. Please carefully review your shopping cart, including but not limited to product prices, quantities, applicable taxes, shipping fees, and handling charges, before proceeding to the checkout page and authorizing the payment. You acknowledge and agree that by submitting your order on the website, you are offering to purchase the ordered product(s). After shipping your order, we will send you an order confirmation email.

You understand and accept that products that are sold out may not come back in stock and may be removed from our website. If you order multiple products as part of the same transaction and some of the ordered products are unavailable, we may fulfill your order in part by removing any out-of-stock products from your order. You will only be billed for the products specified in our order confirmation email.

We may decline your order for any reason at our sole discretion, including but not limited to:

If the ordered product is unavailable,
Any pricing or product description errors on our website at the time you placed your order,
If we are unable to bill your payment method for your order,
If we do not service your location,
Your non-compliance with any provision of this Agreement.

If we cannot accept your order, we will contact you to inform you of the same.

6. Price Changes and Errors

All product prices on our website are listed in USD. Although we make our best effort to keep all product prices up to date, you understand and accept that pricing errors are possible on the website. If there is an error in the price of your ordered product, we will contact you with the option to either confirm your order at the correct price or cancel your order. Please note that if we do not receive any response from you within 48 hours of our email, we reserve the right to cancel your order. We are not under any legal obligation to accept orders at a lower price due to any errors in pricing on the website.

We also reserve the right to change any product prices or withdraw any promotional offers without prior notice to you. Any changes in prices and promotions will not impact any orders that we have already shipped.

7. Payment Policy

1. You will be required to authorize the full order amount, including applicable taxes and shipping fees, when you place your order.
2. By providing us with your payment information at the time you submit your order, you represent and warrant that you have the right to use the provided payment method. You are expressly prohibited from paying or attempting to pay for your order using another person’s payment card without their express authorization. We will not be liable for any delay in delivery or non-delivery of your order resulting from payment authorization refusal by the payment card issuer. If your payment card issuer declines authorization, we will cancel your order, and you will have the option to place a new order with a different payment card.
3. We currently use Shopify Payments and PayPal to process all order payments securely.

8. Cancellations Policy

Please carefully review your order before submitting it. Due to our commitment to expedient and efficient order processing, we are unable to guarantee the successful cancellation of an order once it has been confirmed by our warehouse. To request a cancellation, please contact our customer support team.

If your order has not been confirmed by our warehouse when we receive your cancellation request, we will attempt to cancel your order, and your payment will be reversed. If your order has already been confirmed by our warehouse, we will not be able to cancel the order, but subject to our Returns and Refunds Policy; you may be eligible to return the product to us.

All items marked as “Final Sale” on the website are final and will not be eligible for returns and refunds.

The Company reserves the right to cancel any order at any time if:

the products ordered are unavailable for any reason,
there is a pricing error with the ordered product, or
we are unable to ship to your location.

9. B2B Terms of Sale

Please note that this Agreement only governs the use of the website and sale of products from the Company to consumers. If you are a business and you wish to purchase the products for resale, please note that you will be governed by our B2B Terms of Sale, which are not included in this Agreement. Please contact us to discuss your business and how you can purchase our products by writing to sales@ourfren.com

10. User-Generated Content

The Company may, in its sole discretion, enable users to contribute content on the website and/or our social media pages on third-party platforms, including but not limited to unboxing orders, product reviews, and user questions (collectively “user-generated content”). When you contribute your user-generated content to the website, you understand that such user-generated content is, by its nature, publicly visible and not considered confidential.

By contributing user-generated content on the website, you grant the Company and its authorized personnel the right to identify you as the author of such user-generated content where appropriate and/or if required by law.

Furthermore, by contributing user-generated content on the website and social media pages, you expressly grant us an irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, store, copy, distribute, reproduce, modify, adapt, publish, display, sell, create derivative work or share, in print or on any digital media, any of your user-generated content.

Please note that user-generated content is the sole responsibility of the user who originally published the user-generated content, and the Company will not be held liable for the accuracy, legality, or authenticity of any user-generated content.

11. Intellectual Property

Excluding all user-generated content, the Company and its licensors are the owners of intellectual property rights in all content available on the website, including any text, graphics, logos, trademarks, audio, video content, interactive features, and the like (“Company Content”). You shall not copy, sell, resell, reproduce, republish, modify, distribute, or create any derivative work of any Company Content without the copyright owner's consent. You are prohibited from removing any copyright, trademarks, and proprietary notices from any Company Content.

The Company only grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable limited license to use the Company Content only for your personal and non-commercial use. Nothing in this Agreement grants you any legal rights that are not expressly granted in this Agreement.

12. Account Termination

1. Termination by the user

You may request the termination of your account on the website at any time by contacting our customer support team.

2. Termination by the Company

We reserve the right to terminate your website account at any time without giving prior notice to you if we find that:

You have violated any provision of this Agreement;
You have violated any applicable laws; or
Your conduct is harmful to us or our users.

3. Consequences of Termination

After your account is terminated, you will not be able to reactivate your account, and you will lose all data associated with your account.

13. Prohibited Activities

You agree not to engage in any of the following prohibited activities in connection with your use of the website:

1. Create multiple accounts;
2. Use the website for any illegal or unlawful purposes;
3. Post any content on the website or our social media pages on third-party platforms that may be potentially or actually harmful to the Company or another person;
4. Post any defamatory content or content that may be deemed libelous or threatening to the Company, its employees, affiliates, or any user;
5. Use any computer programming routines that may damage, modify, delete, or interfere with any system or network connected to the website;
6. Use any robot, data mining, or other retrieval tools to scrape any data/information from any part of the website;
7. Reformat or frame any portion of the website.

14. Feedback

We welcome your feedback and input on our website and products and how we can improve them. Although we love to receive feedback, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback, you understand that you are granting us the full and exclusive rights to use, copy, transmit, publish, distribute, publicly display, publicly perform, create derivative works of, or otherwise exploit your feedback in any form or media now known or hereinafter developed without any restriction or compensation to you, now or ever in the future. You acknowledge and agree that your feedback will be treated as non-confidential.

15. Electronic Communication

When you sign up for an account on the website or order any products from the website, you enter into this Agreement electronically. You understand and agree that all communication between you and the Company is through electronic means.

For the purposes of this Agreement, you expressly consent to receive communications from the Company electronically. Furthermore, you agree that all notices, disclosures, and other communications that the Company provides you electronically will meet any legal requirement that such communication should be in writing.

16. Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS OFFERED FOR SALE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT.

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR OFFER ANY WARRANTIES THAT:

THE WEBSITE WILL MEET YOUR REQUIREMENTS;
THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION;
THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
ANY ERRORS OR DEFECTS WILL BE RECTIFIED;
THE WEBSITE WILL BE ACCURATE, RELIABLE, AND FREE OF VIRUSES AND OTHER HARMFUL CODE.

THE COMPANY DOES NOT OFFER ANY GUARANTEE OR MAKE ANY PROMISES REGARDING ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. YOUR DECISION TO USE OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK.

17. Limitation of Liability

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY NATURE, INCLUDING LOSS OF SAVINGS, COSTS OF ACQUIRING SUBSTITUTE PRODUCT OR OTHER COSTS, ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE, ANY CONTENT AVAILABLE ON THE WEBSITE OR ANY PRODUCTS PURCHASED FROM THE WEBSITE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL PURCHASE PRICE PAID BY YOU TO THE COMPANY FOR THE PRODUCT THAT GAVE RISE TO THE DISPUTE.

18. Indemnification

1. You agree to release, defend, indemnify, and hold harmless the Company, its subsidiaries, founders, employees, contractors, and affiliates against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- 1.1. Your breach of this Agreement;
- 1.2. Your user-generated content;
- 1.3. Your violation of applicable law;

2. The Company reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

19. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles. The parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New Jersey for any litigation arising out of or relating to this Agreement and the transactions contemplated hereby.

20. Amendments

The Company reserves the right to update any part of this Agreement at any time without giving any prior notice. Where we make any changes to these Terms and Conditions, we will update the last modified date on the top of the page where these Terms and Conditions appear. All amendments shall be effective from the date we publish the updated version on the website. You are advised to periodically review this Agreement to familiarize yourself with any material changes. Your continued use of the website after the effective date of any amendments shall constitute your acceptance of such amendments.

21. Force Majeure

The Company shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labor dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

TERMS & CONDITIONS