Terms Of Service

Overview

Welcome to fernlay! "We" and "our" refer to  fernlay . fernlay operates this store and website, including all related information, content, features, tools, products, and services, to provide you (our customers) with a curated shopping experience (hereinafter referred to as the "Service"). fernlay is powered by Shopify, enabling us to provide you with the Service.
The following terms and conditions, and any policies mentioned herein (collectively, the "Terms of Service" or "Terms"), describe your rights and obligations when using the Service.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By accessing, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Service.

Part 1 - Access and Accounts

By agreeing to these Terms of Service, you represent that you have reached the legal age of majority in your state or province and agree that we may allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
When using the Services (including accessing or browsing our online store or purchasing any products or services we offer), we may request certain information from you, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide in our store is accurate, up-to-date, and complete, and that you have all the rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and all your account activity. You may not transfer, sell, distribute, or license your account to any other person.

Part 2 - Our Products

We have made every effort to ensure the accuracy of the products and services displayed in our online store. However, please note that product colors or appearances may differ from what is displayed on your screen due to differences in the type of device you use to access the store and the settings and configurations of your device.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations, nor do we guarantee that it will be completely consistent with the descriptions or effects in our online store.
All product descriptions are subject to change at any time without notice, and we reserve the right of final interpretation. We reserve the right to discontinue the sale of any product at any time and may, as specific, limit the quantity of any product available to any individual, geographic region, or jurisdiction.

Part 3 - Commands

By placing an order, you make an offer to purchase.  fernlay reserves the right to accept or reject your order at its sole discretion without giving any reason. Your order is only valid after  fernlay confirms acceptance. We must receive and process your payment before accepting your order. Please carefully review your order before submitting it, as  fernlay may not be able to accept cancellation requests once the order is accepted. If we do not accept, change, or cancel your order, we will attempt to contact you using the email address, billing address, and/or phone number you provided when placing your order.
Your purchase is only eligible for return and exchange according to our refund policy.
You represent and warrant that your purchased goods are for your personal or household use only and may not be used for commercial resale or export.

Part 4 - Pricing and Settlement

Prices, discounts, and promotions are subject to change without notice. The final price of a product or service is the price at the time you place your order and will be listed in your order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping, handling fees, customs duties, or import charges.
Prices published in our online store may differ from those in physical stores or third-party-operated online stores or other stores. We may launch service promotions from time to time, which may affect prices and are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide up-to-date, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you when necessary.
You represent and warrant that: (1) the credit card information you provided is true, correct and complete; (2) you are duly authorized to use this credit card for the purchase; (3) your credit card company will pay the fees you incur; and (4) you will pay the fees you incur at the published prices, including shipping, handling fees and all applicable taxes (if any).

Part 5 - Transportation and Distribution

We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carrier, customs procedures, or events beyond our control. Once we deliver the products to the carrier, title and risk of loss transfer to you.

Part 6 - Intellectual Property

Our services, including but not limited to all trademarks, brands, text, display content, images, graphics, product reviews, videos, and audio, and their design, selection, and arrangement, are owned by fernlay , its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial purposes only. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Service without our prior written consent. Unless expressly stated otherwise in these Terms, nothing in these Terms constitutes or should be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property right of fernlay , Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. fernlay reserves all rights not expressly granted in these Terms.
The  fernlay name, logo, product and service names, designs, and slogans are trademarks of  fernlay or its affiliates or licensors. You may not use such trademarks without  fernlay's prior written permission. 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 appearing in the Service are trademarks of their respective owners.

Part 7 - Optional Tools

As part of the Service, you may gain access to customer tools provided by third parties, but we neither monitor nor control these tools, nor can we interfere with them in any way.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and make no endorsements. We are not liable for any liability arising out of or related to your use of optional third-party tools. Your
use of any optional tools provided through this website is entirely at your own risk and responsibility, and you should ensure that you are familiar with and agree to the terms of the tools provided by the relevant third-party providers.
In the future, we may also provide new features through the Service (including the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.

Part 8 - Third-Party Links

This service may contain materials and website links (including any embedded third-party features) provided or operated by third parties. We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave this service to access such materials or third-party websites, you do so at your own risk. We are
not liable for any damages or losses arising from your access to any third-party website, or from purchasing or using any products, services, resources, or content on any third-party website. Please carefully read and understand the policies and practices of third parties before making any transactions. For complaints, claims, concerns, or questions regarding third-party products and services, please contact the third party directly.

Part 9 - Relationship with Shopify

[Merchant Notice: This section accurately describes the relationship between Shopify and your store. Please do not delete or modify it.]
 fernlay is powered by Shopify so that we can provide you with services. However, any sales and purchases you make in our store are directly with  fernlay . By using this service, you acknowledge and agree that Shopify is not liable for any sales transactions between you and fernlay , including any injury, damage, or loss arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with fernlay .

Part 10 - Privacy Policy

All personal information we collect through the Service is governed by our Privacy Policy, which you can view on the "Privacy Policy" page; some personal information may also be governed by Shopify's Privacy Policy, which you can  view here . By using the Service, you acknowledge that you have read and agree to these Privacy Policies.
Because the Service is hosted by Shopify, Shopify collects and processes your personal information regarding your access to and use of the Service in order to provide and improve the Service for you. Information you submit to the Service will be transferred to and shared with Shopify and third parties, who may be located in other countries outside your place of residence, to provide you with the Service. Please review our Privacy Policy for more details about how we, Shopify, and our partners use your personal information. 

Part 11 - Feedback

By submitting, uploading, posting, emailing, or otherwise transmitting any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, post, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (1) you own or have obtained all rights to all Feedback; (2) you have disclosed any compensation or rewards received for submitting Feedback; and (3) your Feedback will comply with these Terms. We have no obligation to ( keep your Feedback confidential;  pay for your Feedback; or respond to your Feedback. 
We have the right (but not the obligation) to monitor, edit, or remove content that we deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes on any party's intellectual property rights or violates these Terms of Service.
You agree that your feedback will not infringe on any third party's rights, including copyright, trademark, privacy, moral rights, or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or other illegal, abusive, or obscene content, nor will it contain any computer viruses or other malicious software that may in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate another person, or otherwise mislead us or any third party into believing the source of any feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility for any feedback posted by you or any third party.

Part 12 - Errors, Inaccuracies, and Omissions

Occasionally, our services may contain typographical errors, inaccuracies, or omissions in information such as product descriptions, pricing, promotions, offers, shipping costs, delivery times, and stock availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, as well as to change or update information or cancel orders without prior notice (including after you have submitted your order).

Part 13 - Prohibited Uses

You may only access and use the Service for lawful purposes. You may not access or use the Service, directly or indirectly, to: (a) use it for any illegal or malicious purpose; (b) violate any international, federal, provincial, or state statute, rule, law, or local regulation; (c) infringe or violate our intellectual property rights or the intellectual property rights of others; (d) harass, insult, abuse, harm, defame, disparage, demean, intimidate, or harm any of our employees or any other person; (e) spread false or misleading information; (f) send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) send or cause the sending of any advertising or promotional material, including any “spam,” “chain mail,” “harassment mail,” or any other similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or hinders another person’s use or enjoyment of the Service, or conduct that we believe may harm or hold liable fernlay
, Shopify, or other Service users. Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Service; (b) copy, reproduce, sell, resell, or exploit any part of the Service; (c) collect or track the personal information of others; (d) send spam, engage in phishing, online fraud, impersonation, web crawling, scraping, or data theft; or (e) interfere with or circumvent the security features of the Service or any related websites, other websites, or the Internet. If we determine that you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without notice.

Part 14 - Termination

We may terminate this Agreement or your access to the Services (or any part thereof) at any time at our sole discretion without notice, and you shall still be obligated to pay all amounts due up to and including the termination date.
The following terms shall remain in effect upon termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; the entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other terms that, by their nature, should remain in effect upon termination.

Part 15 - Disclaimer

The information provided in this service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of the information. You assume all risk in relying on such information. We are not liable for any liability arising from reliance on such information by you, any other user of this service, or any person who may have access to such information.
Unless otherwise expressly stated by fernlay , this service and all products offered through this service are provided "as is" and "as available" without any representations, warranties, or conditions of any kind, express or implied, including but not limited to all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of this service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, therefore the above disclaimer may not apply to you.

Part 16 – Limitation of Liability

To the fullest extent permitted by law, in no event shall fernlay , our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, and Shopify and its affiliates, be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, loss of income, loss of savings, loss of data, replacement costs, or any similar damages, whether such damages are based on contract, tort (including negligence), strict liability, or other legal theories. We are also not liable for any liability or other matter arising out of or relating to your use of any Service or any product purchased through the Service, or any other claim relating 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 arising out of your use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if advised of its possibility.

Part 17 – Compensation

You agree to indemnify, defend, and hold harmless fernlay , Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim ( including reasonable attorneys' fees) arising out of or relating to: (1) your breach of these Terms of Service or any document incorporated herein by reference; (2) your breach of any law or third-party right; or (3) your access to and use of the Service.
We will notify you of any indemnifiable claims, but even if we fail to notify you in a timely manner, you will still be obligated to perform the corresponding obligations unless you suffer material damage as a result. We may control the defense and settlement of such claims at your expense, including the selection of attorneys, but we will not settle any claim that requires you to assume non-monetary obligations without your consent (which you may not unreasonably refuse). You shall cooperate in the defense of indemnifiable claims, including providing relevant documentation.

Part 18 - Divisibility

If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed separate from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Part 19 - Governing Law and Dispute Resolution

These Terms of Service and any separate agreements we make with you regarding the provision of services shall be governed by and construed in accordance with the laws of Hong Kong.

In the event of a dispute, both parties agree to first seek an informal resolution through fernlay 's dedicated support channel (support@fernlay.com  ) for a period of 30 days. Any formal dispute resolution proceedings shall be conducted on an individual basis and not in the form of a class action, consolidated action, or representative action. Notwithstanding the foregoing, either party may bring an individual action in the Small Claims Tribunal or seek injunctive relief to protect its intellectual property rights.

Part 20 - Waiver; Full Agreement

Our failure to exercise or enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules we publish on this website or in connection with the Service, constitute the entire agreement and understanding between you and us, and bind your use of the Service, superseding any prior or concurrent oral or written agreements, communications, and proposals between you and us (including, but not limited to, any previous versions of these Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be detrimental to the drafters.

Part 21 - Homework

You may not delegate, assign, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may assign, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Part 22 - Title

The headings used in this Agreement are for convenience only and do not limit or otherwise affect these terms.

Part 23 - Changes to the Terms of Service

You can view the latest version of the Terms of Service on this page at any time.
We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion, and we will notify you by posting the updates and changes on the website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Service after any changes to these Terms of Service are posted constitutes your acceptance of those changes.

Part 24 – CONTACT INFORMATION

Email: support@fernlay.com 
Website: https://fernlay.com 

Company: Hong Kong Chen Si Yu International Limited  
Address:
FLAT/RM 01C BLK 2 21/F CHINA HONG KONG CITY 33 CANTON ROAD TSIM SHA TSUI KL
Phone:  (213) 516-9101