Terms of Service

Fantascticz! Terms of Service

Overview

Welcome to Fantascticz! (referred to as "we," "us," or "our"). We are dedicated to providing you, our esteemed customer, with an unparalleled and meticulously curated shopping experience through our website and the comprehensive array of information, content, features, tools, products, and services available therein (collectively, the "Services"). Fantascticz is proudly powered by Shopify, which enables us to deliver these exceptional Services to you.

The following terms and conditions, along with any referenced policies (these "Terms of Service" or "Terms"), delineate your rights and responsibilities when engaging with our Services. We urge you to review these Terms of Service carefully, as they contain critical information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or utilizing our Services, you explicitly agree to be bound by these Terms of Service and our Privacy Policy. Should you not agree to these Terms of Service or our Privacy Policy, we respectfully request that you do not use or access our Services.

Section 1 - Access and Account Security

By accepting these Terms of Service, you affirm that you are at least the age of majority in your state or province of residence. If applicable, you consent to allow any minor dependents under your guardianship to use our Services on devices you own, purchase, or manage.

To fully access and utilize our Services, including browsing our online collections or purchasing our exclusive products, you may be requested to provide specific personal information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you possess all necessary rights to furnish this information.

You bear sole responsibility for safeguarding the confidentiality of your account credentials and for all activities conducted under your account. Your account is personal to you and may not be transferred, sold, assigned, or licensed to any other individual or entity.

Section 2 - Our Exquisite Products

We exert every effort to ensure that our online presentations provide a true and accurate representation of our products and Services. However, please be aware that the depiction of colors or product appearance may subtly vary depending on the device you use to access our store, as well as your individual device settings and configurations.

We do not warrant that the ultimate appearance or inherent quality of any products or Services purchased by you will precisely meet your expectations or exactly mirror their depiction in our online stores.

All descriptions of products are subject to modification at any time without prior notice, solely at our discretion. We retain the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction, on a case-by-case basis.

Section 3 - Order Placement and Acceptance

When you place an order with Fantascticz, you are extending an offer to purchase. Fantascticz reserves the right, at its discretion, to accept or decline your order for any reason. Your order is not formally accepted until Fantascticz explicitly confirms acceptance. We must successfully receive and process your payment before your order can be officially accepted. Please meticulously review your order before submission, as Fantascticz may be unable to accommodate cancellation requests once an order has been accepted. In the rare event that we do not accept, modify, or cancel an order, we will endeavor to notify you using the email, billing address, and/or phone number provided during the order placement.

All purchases are subject to return or exchange exclusively in accordance with our detailed Return & Refunds Policy https://foreverfantascticz.com/pages/return-refund-policy.

You represent and warrant that your purchases are intended solely for your personal or household use and not for commercial resale or export.

Section 4 - Pricing and Billing Information

Prices, promotional discounts, and special offers are subject to change without prior notice. The price charged for a product or Service will be the price in effect at the precise moment the order is placed, as explicitly stated in your order confirmation email. Unless otherwise specified, posted prices do not include applicable taxes, shipping, handling, customs duties, or import charges.

Prices presented in our online stores may differ from those offered in physical retail locations or through other online or third-party operated stores. From time to time, we may offer promotions via the Services that may impact pricing and are governed by terms and conditions distinct from these core Terms. In the event of a conflict between promotional terms and these Terms, the specific promotional terms will prevail.

You agree to provide current, complete, and impeccably accurate purchase, payment, and account information for all transactions conducted through our stores. You further agree to promptly update your account details, including your email address, credit card numbers, and expiration dates, to facilitate the seamless completion of your transactions and to enable us to contact you as necessary.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to utilize such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will remit payment for all charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 - Shipping and Delivery Excellence

While we strive for prompt delivery, we are not liable for shipping and delivery delays. All stated delivery times are estimates only and are not guaranteed. We cannot be held responsible for delays caused by shipping carriers, customs processing, or events beyond our reasonable control. Upon transfer of products to the designated carrier, title and risk of loss for the products pass to you.

Section 6 - Intellectual Property and Brand Integrity

Our Services, encompassing all trademarks, brand names, text, visual displays, images, graphics, product reviews, video, audio, and their distinctive design, selection, and arrangement, are the exclusive property of Fantascticz, its affiliates, or its licensors. These assets are rigorously protected by U.S. and international patent, copyright, and other intellectual property laws.

These Terms permit you to access and use the Services solely for your personal, non-commercial enjoyment. You are expressly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material from the Services without our explicit prior written consent. Except as specifically provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property owned by Fantascticz, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted within these Terms are reserved by Fantascticz.

Fantascticz’s distinctive names, logos, product and service names, designs, and slogans are registered trademarks of Fantascticz or its affiliates or licensors. You must not use such trademarks without the prior written permission of Fantascticz. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans displayed on the Services are the trademarks of their respective owners.

Section 7 - Optional Third-Party Tools

We may occasionally provide you with access to customer tools offered by third parties as part of the Services. Please be advised that we neither monitor these tools nor have any direct control or input over their functionality.

You acknowledge and agree that access to such tools is provided "as is" and "as available," without any warranties, representations, or conditions of any kind, express or implied, and without any form of endorsement from us. We shall bear no liability whatsoever arising from or related to your use of these optional third-party tools.

Your utilization of any optional tools offered through our site is entirely at your own discretion and risk. It is your responsibility to familiarize yourself with and approve the terms under which these tools are provided by the relevant third-party provider(s).

In the future, we may introduce new features through the Services (including the release of new tools and resources). Such new features will also be deemed part of the Services and will be subject to these Terms of Service.

Section 8 - Third-Party Links

Our Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We assume no responsibility for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. Your decision to navigate away from our Services to access these materials or third-party sites is undertaken solely at your own risk.

We are not liable for any harm or damages arising from your access to any third-party websites, or your purchase or use of any products, services, resources, or content found on such third-party websites. We strongly advise you to carefully review the third party's policies and practices to ensure you understand them fully before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed exclusively to the third party.

Section 9 - Our Relationship with Shopify

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]

Fantascticz is seamlessly powered by Shopify, enabling us to provide the Services to you. However, it is crucial to understand that all sales and purchases you make within our Store are conducted directly with Fantascticz. By utilizing the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of sales transactions between you and Fantascticz, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Fantascticz.

Section 10 - Privacy Policy Commitment

All personal information we collect through the Services is subject to our comprehensive [Privacy Policy]([LINK TO FANTASCTICZ PRIVACY POLICY]), which can be viewed for your reference. Additionally, certain personal information may be subject to Shopify’s Privacy Policy, which is also available for your review. By using the Services, you confirm that you have read and understood both privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information concerning your access to and use of the Services to facilitate and enhance the Services provided to you. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries different from your residence, for the purpose of delivering our Services to you. Please refer to our [Privacy Policy]([LINK TO FANTASCTICZ PRIVACY POLICY]) for more detailed information on how we, Shopify, and our trusted partners utilize your personal information.

Section 11 - Valued Feedback

Should you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to utilize, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. For instance, we may leverage our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that: (i) you own or possess all necessary rights to all submitted Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback submission; and (iii) your Feedback will fully comply with these Terms. We are under no obligation: (1) to maintain the confidentiality of your Feedback; (2) to provide compensation for your Feedback; or (3) to respond to your Feedback.

While we are not obligated to do so, we reserve the right to monitor, edit, or remove any Feedback that we, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe upon any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain libelous, unlawful, abusive, or obscene content, nor contain any computer virus or other malware that could detrimentally affect the operation of the Services or any associated website. You may not use a false email address, impersonate another individual, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for the content and accuracy of any Feedback you provide. We disclaim all responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally, information presented on or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information is inaccurate, at any time without prior notice (even after you have submitted your order).

Section 13 - Prohibited Uses

You may access and utilize the Services exclusively for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly, for: (a) any unlawful or malicious purpose; (b) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or harming any of our employees or any other person; (e) transmitting false or misleading information; (f) sending, knowingly receiving, uploading, downloading, using, or re-using any material that does not comply with these Terms; (g) transmitting, or procuring the sending of, any unsolicited advertising or promotional material, including "junk mail," "chain letters," "spam," or any similar solicitation; (h) impersonating or attempting to impersonate any other person or entity; or (i) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fantascticz, Shopify, or users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 - Termination of Services

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without prior notice. Upon termination, you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply even after any termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their inherent nature should survive termination.

Section 15 - Disclaimer of Warranties

The information presented on or through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or ultimate usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY FANTASCTICZ, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Please note that some jurisdictions limit or do not permit the disclaimer of implied or other warranties, so the above disclaimer may not fully apply to you.

Section 16 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL FANTASCTICZ, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PU NITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, 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. SUCH LIABILITY ARISES FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 17 - Indemnification Commitment

You agree to indemnify, defend, and hold harmless Fantascticz, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will promptly notify you of any indemnifiable claim; however, a failure to provide prompt notification will not relieve you of your obligations unless you are materially prejudiced thereby. We may, at your expense, control the defense and settlement of such a claim, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your express consent (which shall not be unreasonably withheld). You agree to cooperate fully in the defense of indemnified claims, including by providing all relevant documents.

Section 18 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 - Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our explicit prior written consent; any such attempt will be null and void. We reserve the right to transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

Section 21 - Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state or territorial courts in the jurisdiction where Fantascticz is headquartered (e.g., Oklahoma, United States). You and Fantascticz consent to venue and personal jurisdiction in such courts.

Section 22 - Headings for Clarity

The headings utilized in this agreement are included purely for convenience and will not limit or otherwise affect the interpretation of these Terms.

Section 23 - Amendments to Terms of Service

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for such changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

Section 24 - Contact Information

Should you have any questions regarding these Terms of Service, please do not hesitate to contact us at:

Email: fantascticz@fantascticz.com

Business Name: Fantascticz Business Address: 806 N 2nd St. Marlow, Ok. 73055-1203 Business Phone Number: +1 (405) 367.3000 Ext. 1001 (Main), +1 (844) 306.0038 (Toll Free), +1 (405) 393.6010 (Fax) Business Registration Number: 3613613763