Terms and Conditions

The Legal Framework Governing Your Use of Famikat.shop

I. Introduction and Binding Agreement

Welcome to the official website of Famikat LLC, accessible at https://famikat.shop (hereinafter referred to as “the Site,” “we,” “us,” or “our”). These comprehensive Terms and Conditions (“Terms”) constitute a legally binding agreement between you, the user or customer (“you,” “your,” or “user”), and Famikat LLC, governing your access to and use of our Site, including any content, functionality, services, and products offered on or through the Site.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR MAKING A PURCHASE. BY ACCESSING, BROWSING, OR USING THE SITE IN ANY MANNER, INCLUDING MAKING A PURCHASE, YOU EXPLICITLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, AS WELL AS OUR PRIVACY POLICY AND REFUND AND RETURN POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. 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. The section titles in these Terms are for convenience only and have no legal or contractual effect.

II. Eligibility and Account Registration

To access certain features of the Site and to make purchases, you may be required to register and create a user account (“Account”).

  • Eligibility: By agreeing to these Terms, you represent and warrant 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).

  • Account Information: When you create an Account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You are solely responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

  • Account Termination: We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests or the interests of another user.

III. Products, Services, and Pricing

  • Product Descriptions: We endeavor to display the colors, images, and specifications of our products (children’s toys, pet beds, leashes, feeding bowls, pet apparel) as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

  • Pricing and Availability: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product or service 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 or any product. While we strive to ensure all pricing on the Site is accurate, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled.

  • Orders: Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the order has been shipped (the “Shipping Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Shipping Confirmation. We reserve the right to cancel an order for any reason, including suspected fraudulent activity, before shipping.

IV. Payment Terms and Billing

  • Payment Methods: All purchases must be made using a valid payment method accepted on our Site, such as credit/debit cards (Visa, Mastercard, American Express, Discover) or digital wallets (Apple Pay, Google Pay) processed via our third-party payment processor, Stripe. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and shipping fees).

  • Billing Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

  • Sales Tax: For purchases made within the United States, we are required to collect applicable state and local sales tax on orders delivered to addresses within those jurisdictions. For international orders, you are responsible for all customs duties, import taxes, and related fees levied by your country’s government, which are not included in the product price or shipping cost.

V. Intellectual Property Rights

  • Ownership: The entire content included on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Famikat LLC or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on this site is the exclusive property of Famikat LLC and is protected by international copyright laws.

  • Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and make personal use of the Site for legitimate shopping purposes. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

  • Trademarks: “Famikat,” the Famikat logo, and all related graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Famikat LLC in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

VI. User Conduct and Prohibited Uses

In addition to other prohibitions as set forth in the Terms, 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.

VII. Disclaimer of Warranties and Limitation of Liability

  • No Warranties: YOUR USE OF 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.

  • Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAMIKAT LLC, 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.

  • Product Liability: OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES OR DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF THE SITE OR ANY PRODUCT, REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT YOU PAID TO US FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED US DOLLARS ($100 USD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

VIII. Indemnification

You agree to indemnify, defend, and hold harmless Famikat LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

IX. 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 and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions 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 and Conditions, 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).

X. Governing Law and Dispute Resolution

  • Governing Law: These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles.

  • Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Albuquerque, New Mexico, before a single, neutral arbitrator. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

  • Class Action Waiver: YOU AND FAMIKAT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

XI. Severability

In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

XII. Contact Information

Questions about the Terms and Conditions should be sent to us at lavantuan199@gmail.com.