What’s your Return & Refund Policy?
You may return any new, unopened, unused Femmelily product within fourteen (14) days from the day the product was delivered by the courier. Returned items must be in perfect and unopened condition.
Please allow up to 10 business days to process a return from the day that your items are received back in our warehouse.
Inquiries are handled on a case-by-case basis with the ultimate goal to make our customers happy. We stand behind our tested and proven goods and want customers to be satisfied with them. Each request will be treated fairly and reasonably. We believe when treating our customers fairly and respectfully that they, in turn, are fair and polite with us.
Return Process
Note: Please contact us before returning any items. Returns without prior authorization will not be accepted.
Cancel Orders (if applicable)
Are you quicker than our fulfillment centers?
Please note that there's no guarantee that we are able to cancel the process due to the fast turnaround times. If the order hasn't been picked/processed yet, we can most likely cancel it.
Reach out to our team as soon as possible. We recommend it to be within an hour from the time the order was placed. We do not allow cancellations or modifications of your order once it has been finalized.
We do not accept returns, refund claims, or exchanges in these cases:
Late or missing refunds (if applicable)
If you haven't received your refund yet, first check your bank account again, then contact your credit card company, please note that it may take 5-12 business days before your refund is reflected in your account. If you still haven't received your refund, contact us at femmelily.edp@gmail.com.
Shipping Insurance
1-Click Protect Shipping Insurance is offered as an additional item at the checkout for a determined price based on that item's weight and dimension that protects your order against the following issues:
If one of these issues has occurred please submit a claim to femmelily.edp@gmail.com, with the subject "Claim + Order Number"
We highly recommend that you purchase the 1-Click Protect shipping protection. If your order is lost, stolen, damaged in transit, or the wrong item has been sent and you did not purchase the protection you will be refunded in the form of store credit minus the shipping cost or we can send a replacement, an additional shipping charge may apply.
Promotional Codes
The promo code must be entered in the discount box at checkout to receive the current promotion or discount before placing the order. Promo codes and discounts cannot be added (or modified) to an order after it has been placed/finalized. All promo codes are available for a limited time, while supplies last, cannot be used once expired, have no cash value or be applied to previous purchases.
First In Line (if applicable)
With First In Line, we will move your order to the top of the list for processing. At checkout, you may opt in to have your order skip the waiting line and get processed more quickly. This service is non-refundable since it's paid to logistic teams.
Promotions and discount codes (if applicable)
The promo code must be entered in the discount box at checkout to receive the current promotion or discount before placing the order.
Promo codes and discounts cannot be added to an order after it has been placed. All promo codes are available for a limited time, while supplies last, cannot be used once expired, have any cash value, or be applied to previous purchases.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund, the review process may take up to 5-12 business days.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at femmelily.edp@gmail.com.
Please ensure all shipping and contact info is correct before submitting your order. Once your order has been finalized we will not be able to modify it. To cancel your order, send us an email at femmelily.edp@gmail.com together with the order receipt.
Defective Unit (if applicable)
All products sold on Femmelily.com come with a one-year warranty. We only replace the item(s) if they are deemed defective or damaged. More information about our warranty can be found here:
If you need to exchange it for the same item, and to keep the replacement process as simple as possible.
Send us an email at femmelily.edp@gmail.com, together with:
Incomplete, indecipherable, or illegible claims will be deemed invalid, Femmelily reserves the right to send a replacement. All refunds are subject to our return and refund process.
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
Gift cards are considered final and are not eligible for a refund.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of https://femmelily.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by STARK Global AB, with principle address, Magasinsgatan 1, 411 18 Goteborg, Sweden (“559282-7447,” “femmelily,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page, https://femmelily.com/policies/terms-of-service. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. 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 BINDING ACCEPTANCE OF THOSE CHANGES.
1 WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your country, state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2 PRIVACY & SECURITY DISCLOSURE
Our privacy policy may be viewed at Privacy policy – femmelily. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. femmelily.
3 GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are licensed and protected by EU, U.S., and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
4. PRODUCTS SOLD FOR PERSONAL, EDUCATIONAL, ADULT USE ONLY
You further agree that any physical or digital products or services you purchase from femmelily on or through the Website will be used for informational, educational purposes, and your personal, non-commercial use. You agree that the physical products, digital products, or services are not sold as medical product(s). You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. You agree that femmelily’s products are intended for adult use only and that you will keep them out of reach of children, as minors may not have the necessary skills or understanding to use them safely. This policy extends to all Femmelily products, and services, and is not specifically limited to those for fire safety, home and personal security, and/or health and wellbeing. You agree that you will use our products only as directed. You agree and understand that physical products, digital products and services are not intended to diagnose, treat, cure, or prevent any disease or health condition and that non of the products or services have been verified by your national or local health department, government, or any other health professionals. You agree that the physical products, digital products, or services does not serve or act as a replacement to a health professional or a licensed professional.
5. THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
6 MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our ShippingandReturn Policies.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
7 PAYMENT
All charges are in U.S. Dollars.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
8 ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order. Occasionally, some products may be out-of-stock. If an order is placed on an out-of-stock item, a full refund will be returned to your method of payment for the cost of the item.
9 SHIPPING
Femmelily ships to addresses located in the United States and internationally. Please visit our Shipping Policy for additional information regarding order processing, order handling, shipping times, and commercial couriers used by femmelily. Orders generally process and ship within five (5) business days of the time of placement. If your order requires customization or personalization, it will generally take 4-8 business days to process. Orders placed after 12:00PM EST on weekdays, weekends, or holidays will begin processing the following business day. Domestic orders typically arrive within 3-7 business days once processed and shipped, UK/AUS orders within 10-15 business days, and 10-30 business days for orders shipped to other countries, depending on where you are located. If a product is on back order, the shipping time may vary. Once the item you ordered is back in stock, it will typically ship within 1-2 business days. Shipping charges will be calculated and displayed at checkout. Your order may be subject to import duties and taxes (including VAT), which are incurred once your shipment reaches your destination country. Femmelily is not responsible for these charges if they are applied and are your responsibility as the customer.
Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support by email, within 12 hours of placing your order. You must contact us within twelve (12) hours of your order processing in order to modify or cancel your pending order. Furthermore, if you do not receive an e-mail with your tracking number within five (5) business days of receiving your shipping confirmation e-mail, please contact us by telephone or email. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
10 DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.
11 CASHBACK PROMOTIONS
Femmelily offers cashback promotions to its customers in the United States and in partnership with Get Foundue. These promotions are governed by the terms and conditions set forth by Get Foundue, which can be found here. You agree that femmelily is not responsible for the administration, execution, or any liabilities arising from the cashback promotions. All inquiries and claims related to the cashback promotions should be directed to Get Foundue. You further agree that femmelily expressly disclaims any and all liability in connection with the cashback promotions. It is expressly understood that femmelily and Get Foundue are independent entities. Femmelily’s partnership with Get Foundue for the purpose of offering cashback promotions does not create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the two entities. For questions or concerns related to cashback promotions, customers should contact Get Foundue directly. Femmelily customer service will provide assistance in redirecting queries to Get Foundue where applicable. You agree that femmelily reserves the right to modify, suspend, or discontinue any cashback promotion at any time without prior notice. Such changes will be effective immediately upon posting on femmelily’s website. This section and any disputes arising from the cashback promotions are subject to the laws and jurisdiction of Sweden.
12 STANDARD RETURN, REFUND, AND EXCHANGE POLICY
Our refund policy may be viewed at Refund Policy - femmelily.The Refund Policy is incorporated into these Terms by reference and constitutes a part of these Terms. femmelily.
13 SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of femmelily, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
14 DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE SWEDISH LAW.
15 DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL FEMMELILY emmelily OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER FEMMELILY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, FEMMELILY IS FOUND LIABLE UNDER ANY THEORY, FEMMELILY ’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO SEK 5000. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER FEMMELILY WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. SERVICES, INFORMATIONAL PRODUCTS, AND PHYSICAL PRODUCTS WRITTEN OR MENTIONED ON THIS SITE ARE ONLY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES. WORDS, STATEMENTS, OR CLAIMS ON THIS SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION AND HAVE NOT BEEN VERIFIED BY LOCAL AUTHORITIES, A HEALTH GOVERNMENT DEPARTMENT, OR ANY OTHER GOVERNMENT BODY. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE COMPANY’S PRODUCTS IS AT YOUR SOLE RISK. IF QUESTIONS OR CONCERNS; ALWAYS CONSULT WITH A LICENSED PROFESSIONAL DERMATOLOGIST, PHYSICIAN OR MEDICAL ADVISOR FOR PROFESSIONAL ADVICE. ALWAYS TALK TO A HEALTH PROFESSIONAL TO DETERMINE YOUR CONDITION AND RECOMMENDATIONS. FEMMELILY OFFERS NO GUARANTEE OF SPECIFIC RESULTS. EACH USER’S RESULTS MAY VARY. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE COMPANY’S PRODUCTS IS AT YOUR SOLE RISK. IF QUESTIONS OR CONCERNS; ALWAYS CONSULT WITH A LICENSED PROFESSIONAL DERMATOLOGIST, PHYSICIAN OR MEDICAL ADVISOR FOR PROFESSIONAL ADVICE.
16 DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FEMMELILY ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Femmelily, or any involved third-party relating to your account, your use of the Website, your relationship with Femmelily, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Femmelily or any third-party related to your use or attempted use of the products, and any communications from Femmelily or any third party on Femmelily's behalf. You, Femmelily, or any involved third-party may pursue a Claim. Femmelily agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Femmelily. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under Arbitration Institute of the Stockholm Chamber of Commerce, https://sccarbitrationinstitute.se/.
Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Femmelily both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Femmelily will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Stockholm, Sweden: (i) an action by Femmelily relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Femmelily for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Stockholm, Sweden, and forever waive any challenge to said courts’ jurisdiction and venue.
Required Pre-Dispute Procedures
Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to STARK Global AB, 559282-7447. Attn: Legal Department.Magasinsgatan 1, 411 18 Gothenburg, Sweden. Femmelily will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Femmelily or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 90 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
Commencing Arbitration
You and Femmelily agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.
Arbitration Location
If the amount in controversy is SEK 5000 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Stockholm, Sweden unless Femmelily otherwise agrees to arbitrate in another forum requested by you.
Organization, Rules, and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the Swedish SCC Arbitration Institute. Either party may commence the arbitration process by submitting a written demand for arbitration with the SCC Arbitration Institute, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the SCC Arbitration Institute, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The SCC Arbitration Institute’s Rules are available at https://stockholmshandelskammare.se or by calling +46 08-555 100 00. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Femmelily.
Fees
Payment of all filing, administration and arbitrator fees will be governed by the SCC Arbitration Institute’s Rules.
Amendments
Femmelily reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Femmelily product, constitutes your consent to such changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT STARK GLOBAL AB, 559282-7447. ATTN: LEGAL DEPARTMENT. LENA-ANGEBY 28, 743 91, STORVRETA, UPPSALA LAN, SWEDEM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
17 INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Femmelily, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
18 THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
19 TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Submissions represent the unique experience of the submitting customers, and do not necessarily reflect the experience that you may have using our products.
Femmelily reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Femmelily shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
20 DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
Email: femmelily.edp@gmail.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
21 ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
22 ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Femmelily and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Femmelily’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
23 NO WAIVER
No waiver by Femmelily of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Femmelily to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
24 SEVERABILITY
In the event that any provision of these Terms 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.
25 TERMINATION
In the event that we terminate this Agreement, Sections 2-5, 13-26, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
26 ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Femmelily, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
27 QUESTIONS OR ADDITIONAL INFORMATION
If you purchased a product or service through the Website, please contact Customer Support by phone or email.
