Terms and Conditions

 

Last updated: July 2, 2020

 

Welcome to Fillenoirelife.com. Fillenoire, LLC and/or its affiliates (“Fillenoire”) provide website features and other products and services to you when you visit or shop at  Fillenoirelife.com, use Fillenoire products or services, or use Fillenoire applications for mobile. Fillenoire provides the Fillenoire Services subject to the following conditions.

 

By using Fillenoire Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Fillenoire Services, and sometimes additional terms may apply. When you use an Fillenoire Service (for example: Your Profile, Gift Cards, Fillenoire Video, Your Media Library, or Fillenoire vendor space) you also will be subject to the guidelines, terms and agreements applicable to that Fillenore Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

PRIVACY

Please review our Privacy Policy, which also governs your use of Fillenoire Services, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

When you use Fillenoire Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. By doing so, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Fillenoire Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All content included in or made available through any Fillenoire Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Fillenoire or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Fillenoire Service is the exclusive property of Fillenoire and protected by U.S. and international copyright laws.

 

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Fillenoire or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Fillenoire Services. This license does not include any resale or commercial use of any Filleoire Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Fillenoire Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Fillenoire or its licensors, suppliers, publishers, rightsholders, or other content providers. No Fillenoire Service, nor any part, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fillenoire. The licenses granted by Fillenoire terminate if you do not comply with these Conditions of Use or any Service Terms.

 

YOUR ACCOUNT

You may need your own Fillenoire account to use certain Fillenoire Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Fillenoire does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Fillenoire Services only with involvement of a parent or guardian. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Fillenoire reserves the right to refuse service, terminate accounts, terminate your rights to use Fillenoire Services, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fillenoire reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Fillenoire a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fillenoire and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fillenoire for all claims resulting from content you supply. Fillenoire has the right but not the obligation to monitor and edit or remove any activity or content. Fillenoire takes no responsibility and assumes no liability for any content posted by you or any third party.

 

RISK OF LOSS

All purchases of physical items from Fillenoire are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Shipping, RETURNS, REFUNDS AND TITLE

Fillenoire passes on all returns and refunds to the individual vendors. Please review the vendor’s return and refund policy. If not policy is stated then vendor agrees to follow the standard shipping policy below. If not return policy is listed, then there are no returns on those products from those vendors. 

Fillenoire Merchandise Shipping Policy

Shipping Policy

Thank you for visiting and shopping with Fillenoire. The following are the terms and conditions that constitute our Shipping Policy.
Domestic Shipping Policy

Shipment processing time

All orders are processed within 3-5 business days. Orders are not shipped or delivered on weekends or holidays.

If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in the shipment of your order, we will contact you via email or telephone. Items on backorder may take longer due to the COVID-19 Pandemic and wholesale vendor shipping.

Shipping rates & delivery estimates

Shipping charges for your order will be calculated and displayed at checkout.

Delivery delays can occasionally occur.

Shipment confirmation & Order tracking

You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.

Customs, Duties, and Taxes

Fillenoire is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

Damages

Fillenoire is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.

Please save all packaging materials and damaged goods before filing a claim.

International Shipping Policy

We currently do not ship outside the U.S.

Returns Policy
Our Return & Refund Policy provides detailed information about options and procedures for returning your order.

RETURN POLICY
We ask that you please read and understand our Return Policy. Please let us know if you have any questions or concerns before purchasing.

Fillenoire Merchandise ONLY OFFERS STORE CREDIT FOR RETURNS. We do not refund back to your original method of payment.

Items can be returned within 21 days from the date your items are delivered. Items must be in *original condition within 21 days to receive store credit.

Please log in to your fillenoirelife.com account to request the return.

Please note, returns may take 2-3 business days to process from the date of arrival. When returning, please securely pack and seal returned items with the invoice included in an appropriate shipping box or envelope as we are not liable for packages we do not ship ourselves. The original invoice must be in included in your return packages. Final sale on all bodysuits and accessories.

*Original condition: Items that have NOT been worn, altered, or washed with all original tags attached.

Please send returns to:

Fillenoire Life Merchandise
Attn: Return Department
PO Box 1405
Red Oak, GA 30272

 

PRODUCT DESCRIPTIONS

Fillenoire attempts to be as accurate as possible. However, Fillenoire does not warrant that product descriptions or other content of any Fillenoire Service is accurate, complete, reliable, current, or error-free. If a product offered by Fillenoire itself is not as described, your sole remedy is to return it in unused condition.

 

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Fillenoire and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Fillenoire.

With respect to items sold by Fillenoire, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Fillenoire is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other site vendors may follow different policies in the event of a mispriced item.

 

SANCTIONS AND EXPORT POLICY

You may not use any Fillenoire Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Fillenoire Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, technology, software, and services.

 

OTHER BUSINESSES

Parties other than Fillenoire operate stores, provide services or software, or sell product lines through the Fillenoire Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Fillenoire. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Fillenoire does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

APPLICABLE LAW

By using any Fillenoire Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fillenoire.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy posted on this site. These policies also govern your use of Fillenoire Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Fillenoire Privacy Notice

 

Last updated: June 26, 2020. 

We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Notice describes how Fillenoirelife.com and its affiliates (collectively “Fillenoire”) collect and process your personal information through Fillenoire websites, products, services, online stores, and applications that reference this Privacy Notice (together “Fillenoire Services”). By using Fillenoire Services, you are consenting to the practices described in this Privacy Notice.

 

What Personal Information About Customers Does Fillenoire Collect?

We collect your personal information in order to provide and continually improve our products and services.

Here are the types of personal information we collect:

• Information You Give Us: We receive and store any information you provide in relation to Fillenoire Services.  You can choose not to provide certain information, but then you might not be able to take advantage of many of our Fillenoire Services.
• Automatic Information: We automatically collect and store certain types of information about your use of Fillenoire Services, including information about your interaction with content and services available through Fillenoire Services. Like many websites, we use “cookies” and other unique identifiers, and we obtain certain types of information when your web browser or device accesses Fillenoire Services and other content served by or on behalf of Fillenoireon other websites. 
• Information from Other Sources: We might receive information about you from other sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily. 

 

For What Purposes Does Fillenoire Use Your Personal Information?

We use your personal information to operate, provide, develop, and improve the products and services that we offer our customers. These purposes include:

• Purchase and delivery of products and services. We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.
• Provide, troubleshoot, and improve Fillenoire Services. We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Fillenoire Services.
• Recommendations and personalization. We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with Fillenoire Services.
• Comply with legal obligations. In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from sellers information regarding place of establishment and bank account information for identity verification and other purposes.
• Communicate with you. We use your personal information to communicate with you in relation to Fillenoire Services via different channels (e.g., by phone, e-mail, chat).
• Advertising. We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads. 
• Fraud Prevention and Credit Risks. We use personal information to prevent and detect fraud and abuse in order to protect the security of our customers, Fillenoire, and others. We may also use scoring methods to assess and manage credit risks.

 

What About Cookies?

To enable our systems to recognize your browser or device and to provide and improve Fillenoire Services, we use cookies. 

 

Does Fillenoire Share Your Personal Information?

Information about our customers is an important part of our business, and we are not in the business of selling our customers’ personal information to others. We share customers’ personal information only as described below and with subsidiaries Fillenoire, LLC. controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

• Transactions involving Third Parties: We make available to you services, products, applications, or skills provided by third parties for use on or through FillenoireServices. For example, you can order products from third parties vendors. We also offer services or sell product lines jointly with third-party businesses, such as co-branded credit cards. You can tell when a third party is involved in your transactions, and we share customers’ personal information related to those transactions with that third party.
• Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.
• Business Transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Fillenoire, LLC or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
• Protection of Fillenoire and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Fillenoire, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.

 

 

Conditions of Use, Notices, and Revisions

If you choose to use Fillenoire Services, your use and any dispute over privacy is subject to this Notice and our Conditions of Use , including limitations on damages, resolution of disputes, and application of the law of the state of Washington. If you have any concern about privacy at Fillenoire, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice will change also. You should check our websites frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Selling Policies and Seller Code of Conduct

All sellers are expected to adhere to the following policies when listing products on Fillenoire. Seller offenses and prohibited content can result in suspension of your Fillenoire account.

Vendor Code of Conduct

This policy requires that sellers act fairly and honestly on Fillenoire to ensure a safe buying and selling experience. All vendors must:

• Provide accurate information to Fillenoire and our customers at all times
• Act fairly and not misuse Fillenoires features or services
• Not attempt to damage or abuse another Vendor, their listings or ratings
• Not attempt to influence customers’ ratings, feedback, and reviews
• Not send unsolicited or inappropriate communications
• Not contact customers except through Buyer-Vendor Messaging
• Not attempt to circumvent the Fillenoire sales process
• Not operate more than one selling account on Fillenoire without a legitimate business need

Violating the Code of Conduct or any other Fillenoire policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges. More details about these policies are below.

Accurate Information

You must provide accurate information to Fillenoire and our customers, and update the information if it changes. For example, this means that you must use a business name that accurately identifies your business and list your products in the correct category.

Acting Fairly

You must act fairly and lawfully and may not misuse any service provided by Fillenoire. Examples of unfair activities include:

• Providing misleading or inappropriate information to Fillenoire or our customers, such as by creating multiple detail pages for the same product or posting offensive product images
• Manipulating sales rank (such as by accepting fake orders or orders that you have paid for) or making claims about sales rank in product titles or descriptions
• Attempting to increase the price of a product after an order is confirmed
• Artificially inflating web traffic (using bots or paying for clicks, for example)
• Attempting to damage another Vendor, their listings or ratings
• Allowing other people to act on your behalf in a way that violates Fillenoire’s policies or your agreement with Fillenoire

Ratings, Feedback, and Reviews

You may not attempt to influence or inflate customers’ ratings, feedback, and reviews. You may request feedback and reviews from your own customers in a neutral manner, but may not:

• Pay for or offer an incentive (such as coupons or free products) in exchange for providing or removing feedback or reviews
• Ask customers to write only positive reviews or ask them to remove or change a review
• Solicit reviews only from customers who had a positive experience
• Review your own products or a competitors’ products

Communications

You may not send unsolicited or inappropriate messages. All communications to customers must be sent through Vendor-Seller Messaging and be necessary for fulfilling the order or providing customer services. Marketing communications are prohibited.

Customer Information

If you receive customer information such as addresses or phone numbers to fulfill orders, you may use that information only to fulfill orders and must delete it after the order has been processed. You may not use customer information to contact customers (except through Vendor-Seller Messaging) or share it with any third-party.

Circumventing the Sales Process

You may not attempt to circumvent the Fillenoire sales process or divert Fillenoire customers to another website. This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere.

Multiple Selling Accounts on Fillenoire

You may only maintain one Vendor Dashboard account for each region in which you sell unless you have a legitimate business need to open a second account and all of your accounts are in good standing. If any of your accounts are not in good standing, we may deactivate all of your selling accounts until all accounts are in good standing.

Examples of a legitimate business justification include: Fillenoire

• You own multiple brands and maintain separate businesses for each
• You manufacture products for two distinct and separate companies
• You are recruited for a Fillenoire program that requires separate accounts