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The FIGS U.S. Terms of Use can be found here

Date of last update: June 21, 2022

Terms And Conditions

You must read the Terms of Use below before you browse www.wearfigs.com (the “Site”)and the Terms and Conditions as a whole before you place any order on this Site.

These Terms and Conditions are made up of two (2) parts:

  • PART 1 – GLOBAL-E US INC. TERMS OF SALE (“Terms of Sale”). The Terms of Sale constitute a legal agreement between you and Global-e US Inc. governing how you may make purchases on the Site. If you make any purchase on the Site and you are resident in any country other than the United States of America, you are required to accept and agree to be bound by the Terms of Sale which shall be incorporated into (and therefore form part of) your contract of sale.

  • PART 2 – FIGS, INC. WEBSITE NON-U.S. TERMS OF USE (“Terms of Use”). The Terms of Use constitute a legal agreement between you and FIGS, Inc. governing how you may access and browse the Site. By accessing and browsing the Site, you agree to comply with the Terms of Use. In the process of registering for an account with FIGS, you are required to accept and agree to be bound by the Terms of Use in order to complete registration.


PART 1

GLOBAL-E US INC. TERMS OF SALE

ABOUT US

  • 1.1 GLOBAL-E US INC. (a company incorporated in Delaware referred to as “Global-e”, “we”, ”our” or ”us”), having its registered office at 200 West 41st Street New York, New York 10036 and TIN - 61-1767260, is the sales facilitation and fulfilment partner of FIGS, INC. (the “Retailer”), operating the e-commerce Site at http://www.wearfigs.com, where the products (”Merchandise”) are made available to you for purchase and delivery to you. The Retailer has an agreement with Global-e allowing Global-e to act as the merchant of record, in Global-e’s name.

  • 1.2 By visiting the checkout operated by Global-e and residing on the Site (“Checkout”) and placing your order (“Order”) for Merchandise through the Checkout, you are entering into a contract of sale with Global-e (and the Retailer is not a party to that contract of sale).

  • 1.3 These Terms of Sale only apply to consumers who are ordering Merchandise for delivery in the following jurisdictions: United Kingdom, Belgium, Canada, Australia, France, Germany, Italy, the Republic of Ireland, the Netherlands and Spain. If you are a consumer resident in the United States, these Terms of Sale do not apply to you: please follow this link to access the Terms of Sale that apply to U.S. consumers.

  • 1.4 If you do not agree to these Terms of Sale, please do not place an Order for any Merchandise through the Checkout. These Terms of Sale define your legal relationship with Global-e regarding the Checkout, the placement of Orders for purchase of Merchandise, and purchase thereof.

  • 1.5 Please print or save these Terms of Sale for future use as there is no guarantee that they will remain accessible in future. 1.6 If you have any questions or complaints about Global-e, these Terms of Sale or the Checkout, please contact us at service@Global-e.com or at our trading address: 200 West 41st Street New York, New York 10036.

  • 2. OTHER TERMS AND CONDITIONS THAT APPLY TO YOU

  • 2.1 In addition to these Terms of Sale, when you use or access the Site you confirm that you have read, understood and agreed to be bound by FIGS, INC.’s Website Non-U.S. Terms of Use, which are contained in PART 2 of these Terms and Conditions.

  • 2.2 When you enter into contract of sale for Merchandise, you acknowledge that your personal data will be used by: (a) FIGS, INC. in accordance with its Non-U.S. Privacy and Cookie Policy, which can be accessed here: https://www.wearfigs.com/pages/non-us-privacy-policy; and (b) Global-e in accordance with its Privacy Notice which (which is available at checkout).

  • 2.3 If you have any questions or complaints about FIGS, INC.’s documents, please contact legal@wearfigs.com.

  • 3. GENERAL

  • 3.1 You buy the Merchandise in your local currency and at a price that includes any applicable sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax as applicable in your jurisdiction), plus Non-U.S. delivery costs and fees (“Delivery Costs") and, if available for pre-payment, any import duties, tariffs and similar fees that may be imposed by the delivery destination (“Import Charges”). If you have elected not to pre-pay Import Charges, please be aware that the carrier or the broker of your choice may impose fees which cannot be calculated and/or estimated at the time of Checkout.

  • 3.2 From time to time, without advanced notice and in select destinations, Delivery Costs and/or Import Charges could be covered, partially or fully. The Site will provide details about such offers before completing and placing the Order.

  • 3.3 Orders placed via the Checkout are solely reserved for “Consumers”, which means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

  • 3.4 Any Order which is obviously not a Consumer retail sale and, more generally, any Order that is fraudulent or presumed as such, will not be accepted. Prior to placing an Order, you confirm that the purchase of the Merchandise has no direct link to commercial activity of any kind and is strictly and solely for personal use.

  • 3.5 The characteristics of the Merchandise you buy, as well as the price, Delivery Costs and Import Charges (if available for pre-payment), shall be those displayed to you on the Checkout. Please make sure that you review your Checkout page so that you can identify and correct any input errors.

  • 3.6 You are advised that there may be minor differences between the actual Merchandise and the way that it appears on the Site /Checkout, e.g., in relation to appearance / colour / texture / finish. The labelling or packaging of the Merchandise may differ from the images of these which you see on the Site and may not be in your own language.

  • 3.7 Quantity limits may apply in relation to Orders of certain Merchandise. Orders exceeding a certain number of authorized Merchandise could be refused at any moment in time, without prior notice.

  • 4. BROWSING, CHECKOUT AND ACCEPTANCE OF ORDERS

  • 4.1 You place the Order for the Merchandise by using the Checkout ordering process that is operated by Global-e (and not FIGS, INC.). This involves selecting the Merchandise, placing it in the Global-e shopping cart/basket and transmitting the Order by clicking on the “PAY AND PLACE ORDER” button (or similar button) on the Checkout. This process permits you to check and amend any errors before making an Order by using the “back” button.

  • 4.2 To place an Order, you must be at least at the age which enables you to bind yourself to contracts per local legal requirements in the place where you reside. In the United Kingdom, this is 18 years of age. By placing an Order, you confirm that you meet this requirement.

  • 4.3 The information contained in these Terms of Sale and the data contained on the Site and Checkout do not constitute an offer to sell, but rather an invitation to enter into a contract of sale with Global-e. Once you have placed your Order, it will be acknowledged via an email which will contain the relevant details of your Order. Please note, this e-mail does not constitute an acceptance of your Order to buy the Merchandise, it only constitutes an acknowledgement of your Order. Your Order is not accepted (and therefore no commitment is made to provide you with the Merchandise), and no contract for the sale of such Merchandise shall come into effect, until your Order is specifically accepted and a confirmation email is sent to you ("Order Confirmation"). Order Confirmation is subject to fraud checks and certain other mandated regulatory checks (such as ‘Denied Parties Screening’).

  • 4.4 If the payment method you selected at Checkout supports an authorization mechanism (e.g. most credit/debit cards), then when you place your Order the applicable amount will only be authorized. You will be charged only after the Merchandise has been dispatched to you, unless the Order is a ‘pre-order’ or a similar type of Order, in which case the charge could be made before the Merchandise has been dispatched, depending on the particulars of the pre-ordered Merchandise and you will be notified in advance if this is the case. If the payment method you selected does not support an authorization mechanism, the charge will be immediate upon placing the Order (or such other timing set by that specific payment method you used, if applicable). Please note that you will be charged the full Order amount even if the Order is dispatched in parts. Where PayPal/PayPal Express is offered as a payment method, the full amount of your purchase may be taken immediately following the placement of your Order. Pre-payment shall not affect your legal rights under these Terms of Sale (including for example any right of refund). If shipping, delivery or fulfilment obligations cannot be performed (subject to these Terms of Sale), you will be notified via email and a refund of the pre-payment will be made without delay.

  • 4.5 Appropriate efforts are made to process and fulfil any Order as quickly as possible. However, certain Orders may be declined, notably abnormal Orders, Orders which are suspected to be placed not in good faith or Orders which have not been placed by individuals. Your Order may also be declined or cancelled, upon notice to you, if:

  • 4.5.1 the Merchandise is unavailable (in which case, if the payment was processed, you will be refunded in accordance with these Terms of Sale); or

  • 4.5.2 the payment information you provided cannot be verified.

  • 4.6 If a suspicion arises that someone's identity, address, email address and/or payment information has been used fraudulently or in an unauthorized manner, you may be required to provide additional verifications and information before, and as a condition to, the acceptance of any Order.

  • 4.7 Moreover, an Order may be cancelled (in full or in part) even after the Order Confirmation has been dispatched, if a suspicion arises that there could be, or actually were such circumstances (on our part or any third party’s part) giving rise to a good faith, genuine or honest error, mistake or misunderstanding pursuant to which we would neither have sent the Order Confirmation nor have agreed to sell the Merchandise. An example could be a specious low price for a Merchandise otherwise costing significantly more. In the event of such genuine error, you shall receive a properly detailed notice of cancellation, following which your Order will be automatically cancelled, and you will be refunded the amounts you actually paid.

  • 4.8 Nothing in these Terms of Sale affects Consumers’ legal rights in relation to Merchandise that are not in conformity with the contract, whether because they are faulty, not as described or otherwise.

  • 5. EXCHANGE RATE

  • 5.1 Exchange rates may be set and updated regularly, and you acknowledge that such updates may affect Merchandise pricing on the Checkout. The price of the Merchandise will be the price (according to the applicable exchange rate) at the time you actually place your Order via the Checkout, as displayed on the Checkout.

  • 6. TITLE; RISK; IMPORTER OF RECORD

  • 6.1 The title to the Merchandise ordered is transferred from Global-e to you the moment the Merchandise is dispatched to you in the dispatch country before export (where the contract for the sale of Merchandise is concluded), provided you have made full payment of the Order amount (including Merchandise price, delivery charges if any and any other charges payable under these Terms of Sale, if any).

  • 6.2 Risk of damage or loss shall be transferred to you on delivery to you (or to somebody identified by you to carry or take possession of the Merchandise on your behalf) to the address that you specified when ordering (that may include the port of entrance to the destination as specified on the Checkout, in case you have selected not to pre-pay Import Charges).

  • 6.3 You will be considered the ‘importer of record’ of the Merchandise, and Global-e (or someone on its behalf) will only be facilitating the importation on your behalf as your agent. You are responsible for assuring that the Merchandise can be lawfully imported to the destination, and you therefore need to comply with all applicable laws, regulations, certifications and rules of the destination into which you import the Merchandise. Please note the standard for using the Merchandise in the import destination BEFORE ordering. Merchandise ordered to a destination with different standards cannot be returned for this reason and no liability will be assumed in any circumstances which may arise from purchasing Merchandise without the correct standards for your destination.

  • 6.4 Please note that documentation such as user manuals, product care, handling instructions and safety warnings may not be in your language; you may not have available manufacturer’s or other service options for the Merchandise or parts thereof; the Merchandise (and accompanying materials) may not be designed in accordance with the standards, product regulations and specifications of the destination to which you Order, or labelled in accordance with the requirements applicable in the destination or in your or the destination language; if the Merchandise are powered, that may not conform to the destination power parameters such as voltage or other electrical standards (for example you may need to use an adapter to charge your Merchandise).

  • 6.5 You agree that you will not re-export, re-distribute or otherwise commercially re-sell any Merchandise purchased by you via the Checkout.

  • 7. FULFILMENT, HANDLING AND DELIVERY OF ORDERS

  • 7.1 You acknowledge and agree that Global-e or one of its third-party fulfilment services providers acting on its behalf (each a "Fulfilment Provider") may handle the delivery and fulfilment of your Order, and that Global-e has sole discretion as to the Fulfilment Provider it chooses to use.

  • 7.2 Not all Merchandise can be delivered anywhere (due to limitations imposed on the Merchandise or by the destination) but the Checkout will not permit you to submit your Order if the Merchandise cannot be delivered to your specified address.

  • 7.3 Delivery will be complete when the Merchandise will be delivered to the address which you specify when ordering (that may include the port of entrance to the destination as specified on the Checkout, in case you have selected not to pre-pay Import Charges).

  • 7.4 Different parts of your Order may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on Checkout (or on the Site) are estimates only. Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within thirty (30) days after the date of the Order Confirmation, unless there are exceptional circumstances (pre-order for example). Delivery timeframes are affected by your delivery address and the delivery method selected. Global-e is unable to specify an exact delivery date and time.

  • 7.5 Global-e has no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its reasonable control and where Global-e could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside Global-e control, or delays resulting directly from your actions or omissions.

  • 8. PAYMENT METHODS

  • 8.1 You may pay with the payment methods specified at Checkout. The availability of such payment methods is dependent on your geographical location. When being charged, the descriptor you will see shall include Global-e identified as ‘Global-e’ and will substantially look like this: **Global-e//Merchant**. Payments in relation to the Merchandise could be made to an intra-group affiliate as our agent, and such payment will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.

  • 8.2 You acknowledge and agree that:

  • 8.2.1 you will be charged by Global-e or one of its third-party payment processors ("Payment Processor"), through the payment method that you have selected at Checkout for such Order and such other amounts payable under these Terms of Sale that may be due in connection with the Order;

  • 8.2.2 you will provide valid and current information about yourself;

  • 8.2.3 Global-e may use the tools, software or services of Payment Processors to process transactions on its behalf; and

  • 8.2.4 you may be charged by your bank or credit/debit card issuer with additional fees (such as foreign transaction fees or cross border fees) or surcharges imposed by your bank or credit/debit card issuer, and those are not Global-e charges or fees, and Global-e has no control over this nor does Global-e have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and Global-e also has no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and Global-e’s commitment is to acquire the amount set at Checkout in your local currency.

  • 8.3 Depending on your geography, payment may be made to one of our intra-group affiliated companies, acting as our agent. This payment will constitute a payment to us and will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.

  • 8.4 Payment by Invoice with Klarna: In cooperation with Klarna and in certain jurisdictions only, you may be offered the opportunity to purchase the Merchandise using Klarna as a payment method. The terms and conditions which will apply to payment by Invoice with Klarna can be found here, noting that German (not English) is the governing and binding language of such terms and conditions. Eligibility for use of the Klarna invoicing payment method will be determined by Klarna in their sole discretion and Global-e accept no liability in respect of your use of Klarna as a payment method. Where you choose to purchase your Merchandise using payment by invoice with Klarna, you will be sharing your personal data with Klarna and the terms of Klarna privacy policy shall apply to their use of your personal information. Global-e shall have no responsibility for their use of your personal data.

  • 8.5 Global-e will process your payment for the Merchandise. Global-e will take reasonable care to keep the details of your Order and payment secure, but (in the absence of material negligence) Global-e cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

  • 9. IMPORT CHARGES

  • 9.1 For certain delivery destinations and/or Merchandise, you may be offered the option to pre-pay applicable Import Charges, which will then be calculated and added or included in the final price when you place the Order. In certain cases, the price of the Merchandise may already be inclusive of Import Charges.

  • 9.2 In the event that the option to pre-pay applicable Import Charges is available for you and you choose to pre-pay such Import Charges, or if the Import Charges were already included in the price of the Merchandise, your final price will be fully guaranteed, and the actual Import Charges will be paid on your behalf to the applicable authorities, as determined by your delivery destination upon import of your Order.

  • 9.3 Global-e may contract with a local licensed customs broker in the destination. Agreement to these Terms of Sale serve as an authorization for the applicable customs broker to act as your agent to:

  • 9.3.1 conduct transactions with the local applicable authority;

  • 9.3.2 complete, submit and execute related documents on your behalf in connection with the import of Merchandise in your Order;

  • 9.3.3 facilitate the payment of applicable Import Charges; and

  • 9.3.4 if applicable, return such Merchandise to Global-e.

  • 9.4 You acknowledge that, in the case of a return of Merchandise, regardless of whether an Import Charge was pre-paid or not, you (and not Global-e or anyone on its behalf) will be fully responsible for claiming back any Import Charges from the applicable tax authority, to the extent possible, and Global-e shall have no responsibility or liability in connection with such claim.

  • 9.5 You may decide not to pre-pay the Import Charges at Checkout, or the option to pre-pay Import Charges may not be available for your delivery destination or the Merchandise. In such cases (i.e. where pre-payment doesn’t apply):

  • 9.5.1 you are advised that the amount of Import Charges displayed under the pre-pay option on the Checkout may not reflect the actual Import Charges payable by you as determined by your delivery destination’s relevant authority, which may be more or less than such estimate; and

  • 9.5.2 you will be fully responsible for paying all applicable Import Charges directly to the relevant authority (and for reclaiming them in the event of a cancellation or return or a return of Merchandise, to the extent permitted in these Terms of Sale) as determined by the authorities of the delivery destination, and Global-e shall have no responsibility or liability in connection with the foregoing. Moreover, if you fail to pay Import Charges without reasonable reason causing the liability to fall on us or the carrier, the liability amount of Import Charges may be deducted from any refund or other amounts you may claim.

  • 9.6 If you elected not to pre-pay Import Charges, or failed to pay Import Charges, or refused to accept Merchandise not in accordance with a due cancellation procedure under these Terms of Sale, in each case resulting with the Merchandise being returned or need to be returned, then you may be liable for the return delivery costs and may not be reimbursed or refunded for Delivery Costs paid by you for making the delivery to you. Global-e may also charge you with additional direct or indirect charges resulting from said failure or refusal. Global-e may, if that is in accordance with these Terms of Sale, reimburse and refund you for the cost of the Merchandise, but not the Import Charges which may or may not be reimbursable by the relevant authority.

  • 9.7 If you are a Canadian Consumer placing an Order through the Site and the Checkout to Canada, you hereby consent to the following Power of Attorney, which will be extended to our affiliated party, Global-e US Inc., that might be operating the Order fulfilment on our behalf: Global-e US Inc. is an approved CREDITS participant with the Canada Border Services Agency (CBSA). By ordering goods from Global-e US Inc., I hereby authorize DHL Express (Canada), Ltd. an approved customs broker in CREDITS, to act as my agent, and to transact business with the CBSA to obtain release of my Merchandise, account for duties and taxes, return Merchandise to Global-e US Inc., and electronically submit refund claims on my behalf. Under the CREDITS program, I understand that the CBSA will send any refund of duties and taxes that were paid on the returned Merchandise to the customs broker, and that I will obtain the refund directly from Global-e US Inc. Further, I also authorize the customs broker to forward any refund issued by the CBSA in my name, so that Global-e US Inc. can be reimbursed.

  • 10. RETURNS POLICY (ALL CUSTOMERS, EXCLUDING FAULTY AND PERSONALIZED MERCHANDISE)

  • 10.1 This Returns Policy applies to all non-U.S. customers. This policy does not apply to faulty or personalized Merchandise and such other Merchandise listed below. To the extent that any specific provision of consumer protection laws in your jurisdiction explicitly prevails the governing laws of these Terms, this returns policy is in addition to, and does not affect, the separate legal right of cancellation or withdrawal that you may have in your jurisdiction under such specifically prevailing law. There is a separate right of cancellation or withdrawal available to United Kingdom and European Economic Area (“EEA”) Consumers in some circumstances as explained below.

  • 10.2 The return request must be made within thirty (30) days from the date the Order was placed (unless otherwise required by applicable specifically prevailing Consumer law).

  • 10.3 If you wish to cancel your Order and return Merchandise pursuant to these Terms of Sale, the following instructions apply:

  • 10.3.1 You must first inform Global-e of your decision to return your Order by a clear statement made through the returns portal available here, by following the instructions and providing the requested information therein, including providing proof of purchase (your Order identification number and the email address used for the purchase of the Merchandise), indicating the applicable items to be returned and the quantity thereof and selecting the applicable method of returning the product (if different options are available). If a returns portal link is not available on the Site, or on the Online Support link (if available) in the Order Confirmation, then you may contact the Retailer’s customer service team at stat@wearfigs.com (the “Customer Service Team”) to inform us of your intent to return your Order, and such team will guide you through the process.

  • 10.3.2 If you are a consumer resident the United Kingdom, the Republic of Ireland, one of the member states of the European Union, Iceland, Liechtenstein or Norway and you cancel your Order within fourteen (14) days from the date of delivery of such Order, you may use the following model cancellation form but you are not required to do so:

    Model Cancelation Form

    To: 

    stat@wearfigs.com

    GLOBAL-E

    200 West 41st Street, New York, New York 10036

     

    I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*,

    Ordered on(*)/received on(*)

    Name of Consumer(s),

    Address of Consumer(s),

    Signature of Consumer (only if this form is notified on paper)

    Date

    (*) Please delete if not applicable

  • 10.3.3 A return Merchandise authorization ("RMA") number will be provided to you (through the portal (if applicable) and via e-mail) and you will be provided with a pre-paid returns label that you must affix to your parcel. Please note that the cost of the pre-paid returns label will be deducted from any refund to which you are entitled in accordance with this Section (unless the goods are defective or faulty, in which case, you will not be liable for these costs of return). The amount that will be deducted from your refund will be £10/$12 (or an equivalent in your local currency) to account for the fact that the items must be shipped back to our warehouse in California, USA. The amount that will be deducted from your refund will be communicated to you as part of the returns portal click-through process.

  • 10.3.4 Promptly after your returns label has been provided, you will send back the Merchandise or hand it over as per the instructions provided to you in the return portal. You must act without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your cancellation or withdrawal of the contract. The RMA number must be included in the return package.

  • 10.3.5 The Merchandise must be returned in a new and unused state, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box/container, including all accessories and documents. All returns could be subject to strict quality control to ensure that the returned Merchandise satisfy these requirements. If the Merchandise does not meet such standards, the return could be refused, and the Merchandise will be returned to you (at your own cost) or you will be liable for the Merchandise devaluation.

  • 10.3.6 Upon receipt of the returned Merchandise and confirmation that it has been returned in accordance with the applicable requirements, you will be reimbursed for the actual paid price of the returned Merchandise (and such other fees, if applicable pursuant to these Terms of Sale) less the costs of return (as explained in Section 10.3.3).

  • 10.3.7 If you have paid Import Charges in connection with your Order (either pre-paid at Checkout or paid upon receipt of the Order directly to the applicable authority), you acknowledge that:

  • (a) you must seek reimbursement directly from the applicable authority in your destination;

  • (b) it will be your sole responsibility to claim such Import Charges back from the applicable authority in your destination; and

  • (c) Global-e cannot guarantee that such claim will be successful. If you have pre-paid Import Charges, upon your written request Global-e may exert appropriate efforts to assist you in obtaining reimbursement of such Import Charges, and for such purpose you hereby give Global-e a power of attorney to act in your name to try and obtain such reimbursement (however this power of attorney is not a guarantee that such reimbursement will be successful).

  • 10.3.8 Any initial Delivery Costs paid by you in connection with the Order are reimbursable or refundable. However, any delivery and clearance costs incurred by you when returning Merchandise may not be eligible for reimbursement or refund other than in the event of defective Merchandise, where you will be reimbursed for these costs.

  • 10.3.9 Title and risk to the returned Merchandise will not be taken back or assumed until it physically arrives back to the returns facility, and therefore you are advised to use a courier service offering a tracking number, and to take out adequate insurance to cover the cost of the goods in transit.

  • 11. CONSUMER CANCELLATION RIGHTS – UNITED KINGDOM ONLY

  • 11.1 If you are a Consumer and a resident of the United Kingdom, you have a “cooling-off” right to cancel your Order subject to the provisions set out below. This right is not affected by any separate returns policy in these Terms of Sale.

  • 11.2 The “cooling-off” cancellation period will expire fourteen (14) days after the day of delivery of the Merchandise.

  • 11.3 To exercise the right to cancel you must follow the same instructions as detailed in the refund policy above, provided however, that the following changes shall apply:

  • 11.3.1 Informing Global-e of your decision to cancel through the return portal (or any other clear statement) must be done within fourteen (14) days as of the day of delivery of the Merchandise. The cancellation form set out in Section 10.3.2 also applies here and may also be used to inform Global-e of your decision to cancel.

  • 11.3.2 You must return the product in the state and within the time period mentioned in the return policy above, except that you may use the product, only for such use that is necessary to assess the nature, characteristics and functioning of the Merchandise, as you would have used it in a physical shop. Deduction could be made from the reimbursement for loss in value of any Merchandise supplied, if the loss is the result of handling by you beyond what is necessary to establish the nature, characteristics and functioning of the Merchandise.

  • 11.3.3 Refund will be made not later than:

  • (a) fourteen (14) days after the day we receive back from you any Merchandise supplied; or

  • (b) if earlier, fourteen (14) days after the day you provide evidence that you have returned the Merchandise; or

  • (c) if there was no Merchandise supplied, fourteen (14) days after the day on which we are informed about your decision to cancel your contract of sale with Global-e.

  • 11.3.4 Unless expressly agreed otherwise, reimbursement will be made using the same means of payment as you used for the initial transaction.

  • 12. CONSUMER WITHDRAWAL RIGHTS – EUROPEAN ECONOMIC AREA (EEA) ONLY

  • 12.1 If you are a Consumer and a resident of a member state of the EEA, you have the right to withdraw from your Order subject to the instruction set out below. This right is not affected by any separate returns policy in these Terms of Sale.

  • 12.2 WITHDRAWAL INSTRUCTION/RIGHT OF WITHDRAWAL

  • 12.2.1 You have the right to withdraw from a contract of sale within fourteen (14) days without giving any reason.

  • 12.2.2 The withdrawal period will expire after 14 days from the day:

  • (a) on which you or a third party named by you, who is not the carrier, have taken possession of the Merchandise, if you have ordered one or more goods as part of a single Merchandise order and the good or goods are delivered together; or

  • (b) on the day on which you or a third party named by you who is not the carrier takes or has taken possession of the last goods, if you have ordered several goods as part of a single Merchandise order and the goods are delivered separately.

  • 12.3 To exercise the right of withdrawal, you must inform of your decision to withdraw from this contract, through the return portal, by phone: +1-888-462-1901, or e-mail: stat@FIGS.com, or by post to GLOBAL-E, 200 West 41st Street New York, New York 10036, using an unequivocal statement. You may use the attached model withdrawal form, but it is not obligatory.

  • 12.3.1 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

  • 12.4 EFFECTS OF WITHDRAWAL

  • 12.4.1 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than the timing set forth in Section ‎11.3.3 above. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

  • 12.4.2 You shall send back the Merchandise or hand it over as per the instructions provided to you in the return portal, or as instructed by the Customer Service Team (in case you have notified your intent to withdraw to stat@wearfigs.com), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Merchandise before the period of 14 days has expired. For registering returns and obtaining a pre-paid returns label please use our returns portal (available here) and follow the instructions as well as provide the requested information therein. Please note that you will have to bear the direct cost of returning the Merchandise. You are not obliged to use the pre-paid returns labels if you withdraw from a contract, but if you do, the costs of the pre-paid returns label will be deducted from any refund to which you are entitled.

  • 12.4.3 You are only liable for any diminished value of the Merchandise resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Merchandise.

  • 12.5 END OF WITHDRAWAL INSTRUCTION/MODEL WITHDRAWAL FORM

    Model Withdrawal Form

     

    To: 

    stat@wearfigs.com

    GLOBAL-E, 200 West 41st Street 

    New York, New York 10036

     

     

    I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for purchase of the following goods(*)/provision of the following service(*): […] [Please describe the respective good or service so it is possible to identify the contract]; 

    • ordered on (*) /received on (*);
    • name of Consumer(s);
    • address of Consumer(s);
    • signature of Consumer(s) (only if this form is notified on paper);
    • date

     

    (*) Please complete as appropriate

  • 13. LIMITATION ON RETURNS POLICY AND RIGHTS OF CANCELLATION AND WITHDRAWAL:

  • 13.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SALE, THERE IS NO RIGHT TO CANCEL OR WITHDRAW FROM CONTRACTS WITH RESPECT TO MERCHANDISE WHICH WAS MADE TO YOUR SPECIFICATIONS OR WHICH IS CLEARLY PERSONALIZED. THERE ARE OTHER TYPES OF MERCHANDISE THAT ARE NOT ELIGIBLE FOR CANCELLATION/WITHDRAWAL OR RETURN SUCH AS FRAGRANCES, SEALED GOODS WHICH HAVE BEEN UNSEALED (SUCH AS DVDS OR AUDIO DEVICES OR GOODS LIABLE TO DETERIORATE OR EXPIRE RAPIDLY) OR OTHER MERCHANDISE WHICH ARE NOT SUITABLE FOR RETURN DUE TO HEALTH PROTECTION OR HYGIENE REASONS, IF THEY WERE SEALED AND BECOME UNSEALED AFTER DELIVERY. This Section does not apply to goods that are faulty or are otherwise not in compliance with your legal rights.

  • 13.2 Only the buyer will be entitled to the above-described rights of cancellation or withdrawal (as applicable) and to receive a refund of the purchase price. In no event will a person who has received the Merchandise as a gift be entitled to receive a refund. If you are a gift recipient and wish to return the Merchandise, please contact us to discuss your options.

  • 14. LIMITED WARRANTY; RETURNS POLICY FOR FAULTY MERCHANDISE

  • 14.1 If any Merchandise you Order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe Merchandise was delivered damaged or faulty or has developed a fault, you should inform the Retailer’s Customer Service Team as soon as possible, preferably in writing, giving your name, address and Order reference. Nothing in this Section affects your legal rights.

  • 14.2 For customers in the United Kingdom, one of the member states of the European Union, Iceland, Liechtenstein, or Norway you have legal rights in relation to goods that are not as described, not of satisfactory quality, or otherwise not fit for purpose. If you believe that any Merchandise that you have ordered do not conform with these Terms of Sale, please contact the Retailer’s Customer Service Team at stat@wearfigs.com to request a replacement or refund. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

  • 14.3 For customers in France, you can invoke the legal warranty of conformity (article L217-4 and seq. of the French consumer Code) within a period of two (2) years from the delivery of the Merchandise, without having to prove that the defect existed before the delivery. You will be able to benefit from the following options depending on what is possible and subject to the cost conditions provided for in Article L217-9 of the Consumer Code: (i) the replacement of the Merchandise by an identical product or of equivalent quality and price, depending on available stocks; or (ii) the repair of the Merchandise. If these two solutions are impossible to implement within thirty (30) days following your request according to the conditions provided for in Articles L217-9 and L217-10 of the French Consumer Code, we will issue a full refund (purchase price and possible delivery costs), against return of the product. The cost of returning the product, the cost of repairing it or of delivering another product will be borne by us. As a consumer, you also have the right to invoke the legal warranty against the hidden defects provided in articles 1641 to 1649 of the French Civil Code or any other contractual or extra-contractual action (tort) which is recognized by the law. In such a case, the consumer can choose between the termination of the sale or claim a reduction of the price pursuant to Article 1644 of the Civil Code. Pursuant to article 1648 paragraph 1 of the Civil Code, the action resulting from latent defects must be filed within two (2) years of the discovery of the defect.

  • 14.4 For customers in the Republic of Ireland, you have legal rights in relation to goods that are not as described, not of merchantable quality, not in conformity with the contract, or otherwise not fit for purpose. If you believe that any Merchandise that you have ordered do not conform with these Terms of Sale, please contact the Retailer’s Customer Service Team at stat@wearfigs.com to request a replacement or refund. Advice about your statutory rights is available from your local Citizens Information Centre.

  • 14.5 For customers in Italy, statutory warranties and statutory remedies provided for in the Italian Civil Code and in the Italian Consumer Code apply. If you believe that any Merchandise that you have ordered do not conform with such provisions of the Order and these Terms of Sale, please contact the Retailer’s Customer Service Team at stat@wearfigs.com to request a replacement or refund.

  • 14.6 For customers in Germany, the statutory warranty rights apply with respect to Merchandise that is not free of legal and/or material defects.

  • 14.7 For customers in Australia, these Terms does not affect any statutory rights regarding warranty that may apply to your purchase, and to any rights you may have under the Australian Consumer Law to the extent that any specific provision of the Australian Consumer Law explicitly prevails the governing laws of these Terms. These rights include:

  • 14.7.1 If your product fails to meet a consumer guarantee under the Australian Consumer Law, you will be entitled to a repair, replacement or refund depending on whether the defect is classified as a minor or major defect. A consumer guarantee under the Australian Consumer Law includes a guarantee that the product is of acceptable quality, matches the description provided in the Site, is fit for purpose and meets any extra promises made about performance, condition and quality.

  • 14.7.2 If the defect is considered a minor failure of the Product, your Product may be repaired, replaced or you will be refunded for your purchase, as elected by us or the Retailer.

  • 14.7.3 If the defect is considered a major failure of the product, you are entitled to a refund or replacement of the Product.

  • 15. LIABILITY

  • 15.1.1 You acknowledge and understand that the Retailer has no responsibilities, obligations or liabilities whatsoever under or in connection with these Terms of Sale. Your only right of claim and/or right of action under or in connection with the Terms of Sale shall be with and/or against Global-e, as set out in more detail in this ‘Liability’ Section.

  • 15.1.2 There are certain liabilities that cannot be excluded under applicable law. In particular, nothing in these Terms of Sale limits Global-e’s liability for personal injury or death caused by its negligence or its liability for fraud, or for breach of any term implied by applicable Consumer rights legislation and which, by applicable law, may not be limited or excluded. You might have certain rights as a Consumer, including legal rights relating to faulty product(s). Nothing in these Terms of Sale will affect these legal rights.

  • 15.1.3 Subject to the foregoing, in no event will there be any liability for any of your business losses. Any liability, if so exists, shall not exceed the purchase price of the relevant Merchandise and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

  • 15.1.4 Global-e will not be responsible for any loss or damages incurred by unauthorized use of your payment card on the Checkout, and Global-e is not responsible for notifying your card issuer or any law enforcement authority in these instances. 15.1.5 You must give Global-e a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.

  • 15.1.6 Global-e cannot guarantee that the Checkout will be uninterrupted or error-free. Global-e is entitled without notice and without liability to suspend the Checkout for repair, maintenance, improvement or other technical reason.

  • 15.1.7 To the maximum extent permitted by applicable law, Global-e shall not be held liable, if and in so far as it cannot fulfil its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.

  • 16. INTELLECTUAL PROPERTY RIGHTS

  • 16.1 Any access or use of the Checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the Checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

  • 16.2 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by Global-e or our licensors.

  • 16.3 You may print off one copy and may download extracts of any page from this Checkout for non-commercial, personal use.

  • 17. GOVERNING LAW AND DISPUTES

  • 17.1 If you are a Consumer resident in the UK or the European Union and we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you may bring any dispute which may arise under these Terms of Sale, at your discretion, in either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, in which courts are (with the exclusion of any other court) competent to settle any such dispute. We shall also bring any dispute which may arise under these Terms of Sale to the competent court of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England. You will additionally benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Sale affects your rights as a Consumer to rely on such mandatory provisions of local law.

  • 17.2 If you are a Consumer resident in the European Union, you are hereby informed that in the event of a dispute arising out of or relating to these Terms of Sale, you may also have a right under applicable law to file a complaint with an alternative dispute resolution institute, such as the European Commission, which offers a platform for online dispute resolution (ODR) (For information about alternative dispute resolution which may be of interest, please refer to http://ec.europa.eu/consumers/odr/.) or such other institution to which you may have a legal right to use under applicable law.

  • 18. MISCELLANEOUS

  • 18.1 Communications will be made electronically by sending email or otherwise posting electronically.

  • 18.2 A third party who is not a party to these Terms of Use has no right to enforce any provision of the Terms of Use.

  • 18.3 Global-e is committed to render the carry on its business in accordance with its Code of Conduct and Modern Slavery Policy (available here: https://investors.global-e.com/corporate-governance/documents-charters).

  • 18.4 If any provision or provisions of these Terms of Sale shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

  • 18.5 Headings used in these Terms of Sale are for information and not binding.

  • 18.6 Any failure by either party to exercise or enforce any right or provision of these Terms of Sale does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of these Terms of Sale is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms of Sale shall continue to apply. These Terms of Sale may be transferred by Global-e to a third party, without your consent, but this will not affect your rights or obligations. A person who is not a party to these Terms of Sale shall have no rights to enforce any term of these Terms of Sale except insofar as expressly stated otherwise.

  • 18.7 Global-e reserves the right to access, read, preserve, and disclose any information obtained in connection with the Order, and your use of the Checkout, as Global-e reasonably believes is necessary to:

  • 18.7.1 satisfy any applicable law, regulation, legal process, subpoena or governmental request;

  • 18.7.2 enforce these Terms of Sale, including to investigate potential violations of them;

  • 18.7.3 detect, prevent, or otherwise address fraud, security or technical issues;

  • 18.7.4 respond to your support requests; or

  • 18.7.5 protect the rights, property or safety of Global-e, the Retailer or the public.

  • 18.8 The Checkout may contain links to third party websites or services that are not owned or controlled by Global-e. Global-e is not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You:

  • 18.8.1 are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and

  • 18.8.2 expressly release Global-e from any and all liability arising from your use of any third-party website. Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

  • 18.9 Global-e reserves the right to modify these Terms of Sale at any time. However, no such change will affect any Order that you have already placed which will continue to be governed by the Terms of Sale that applied at the time at which you placed your Order.

  • 18.10 The contract in respect of any Orders is concluded between you and Global-e or our intra-group affiliate acting on behalf of Global-e, and that no public filing requirements apply.

  • 18.11 Global-e has authorized its affiliate, Global-e US Inc. (a company incorporated in Delaware, USA, having its registered office at 200 West 41st Street New York, New York 10036) to conclude and perform, on behalf of Global-e, parts of the fulfilment and performance of the contract with you for the sale of the Merchandise, if you are making such purchase from the USA or from Canada, including but not limited to, customs clearance.

  • 18.12 Please see the contact information of our Global-e affiliates here.

  • PART 2

    FIGS, INC. WEBSITE NON-U.S. TERMS OF USE

  • 1. ABOUT FIGS, INC.

    FIGS, Inc. is a company registered in Delaware, USA under company number 5280784, with its registered office at 2834 Colorado Ave, Suite 100, Santa Monica, CA 90404 and U.S. tax number 46-2005653 (“FIGS”, “we”, “us”, “our”).

    FIGS operates the website at www.wearfigs.com.

    You can contact us at any time using the following details:

    Email: stat@wearfigs.com

    Postal address: 2834 Colorado Ave, Suite 100, Santa Monica, CA 90404

    U.S. telephone number: +1-888-462-1901 (PLEASE NOTE: if you are resident outside of the U.S., you may be charged to call this number)

  • 2. ABOUT THESE TERMS OF USE

  • 2.1 Please read these Terms of Use carefully. These describe how you may:

  • 2.1.1 access and use the Site and the content on it;

  • 2.1.2 register for a user account on the Site; and

  • 2.1.3 interact with the Site by, for example, submitting comments, images, videos, or any other type of material.

  • 2.2 By using the Site, you accept the Terms of Use and agree to comply with them. In the process of registering for an account, you are required to accept and agree to be bound by the Terms of Use in order to complete registration.

  • 2.3 These Terms of Use only apply to consumers who are resident in the following jurisdictions: United Kingdom, Australia, Belgium, Canada, France, Germany, Republic of Ireland, Italy, Netherlands, and Spain. If you are a consumer resident in the United States, these Terms of Use do not apply to you: please follow this link to access the Terms of Use that apply to U.S. consumers.

  • 2.4 In addition to these Terms of Use, your use of or access to the Site will also be governed by the FIGS, INC. Non-U.S. Privacy and Cookie Policy, which can be accessed at any time here: https://www.wearfigs.com/pages/non-us-privacy-policy.

  • 2.5 Further, if you elect to place an order for goods on the Site, this will constitute a contract of sale between yourself and Global-e US Inc. (and not FIGS, INC.) and that contract of sale shall be governed by Global-e’s Terms of Sale which can be found in PART 1 of these Terms and Conditions. The Terms of Sale operate separately to these Terms of Use.

  • 2.6 We may make changes to these Terms of Use and any documents referenced herein from time to time if, for example: (i) we need to make technical updates to the Site or update the features, characteristics and/or functionalities of the Site; and/or (ii) a change is required due to law, statutory provision, decree, order, regulation or other statutory provision or order. We will always consider your interests when making changes. If you have registered an Account with us (please see Section 3 below for more information on registering an Account), we will provide you with at least thirty (30) days’ advance notice of any changes to these Terms of Use, unless the change is due to a change in law or for security reasons in which case we may need to make changes on shorter notice. If you do not wish to continue using the Site following the changes to the Terms of Use, you can terminate your agreement to the Terms of Use by emailing us at stat@wearfigs.com to cancel your Account free of charge and without penalty. You should regularly review the Terms of Use, as your continued use of the Site after you have been provided with notice of any such changes may constitute your agreement to such changes (to the extent permitted by applicable law).

  • 3. REGISTRATION AND ACCOUNT INFORMATION

  • 3.1 You may simply browse the Site, or you may register a FIGS “Account” via the Site.

  • 3.2 In order to register an Account, you must be eighteen (18) years of age or over.

  • 3.3 When you set up an Account, you are required to provide certain information including your name and email address and select a password (collectively, your “Account Information”). By clicking “Create” you complete the registration process and send us your request to register for an Account. Before pressing the "Create" button, input errors can be corrected by clicking the "Back" button. On the data entry page, you can correct the Account Information by clicking on the corresponding line and deleting the entered data. You must only provide us with true, accurate, current and complete information for your Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to your Account or any other part of the Site.

  • 3.4 If we accept your application for an Account, you will receive a confirmation by email to the email address that you provided. This email will include these Terms of Use. Please save or print this email as we will not save this information for you.

  • 3.5 You agree to notify us immediately if there are any changes to the Account Information.

  • 3.6 You must treat the Account Information as confidential information and must not transfer it to or share it with any third parties. If someone accesses our Site using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site. To the extent permitted by applicable law, you are solely responsible for any and all use of your Account Information and activities that occur under or in connection with your Account. You agree to notify us immediately if you have reason to believe that an unauthorised person is accessing your Account.

  • 4. PLACING ORDERS AT THE CHECKOUT

  • 4.1 The checkout is hosted, owned, and operated by Global-e US Inc. (and not by FIGS). This means that:

  • 4.1.1 any orders that you place or transactions that you enter into via the Site are concluded with Global-e US Inc. (and not with FIGS, INC.) and are subject to Global-e’s Terms of Sale which are located in PART 1 of these Terms and Conditions;

  • 4.1.2 any contract of sale in relation to goods that you enter into via the Site shall be with Global-e US Inc. (and not FIGS);

  • 4.1.3 all prices are set by Global-e US Inc. (and not FIGS); and

  • 4.1.4 any payments that you submit via the checkout are made to or on behalf of Global-e US Inc. (and not FIGS).

  • 4.2 For the avoidance of doubt, FIGS is not a party to any contracts of sale that you enter into via the Site.

  • 4.3 Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis and that will be posted on the Site (“Promo Codes”). Promo Codes cannot be purchased. Promo Codes may only be used once per person. Only Promo Codes sent to you through official FIGS communications channels are valid. You agree that Promo Codes:

  • 4.3.1 must be used for the intended audience and purpose and in a lawful manner;

  • 4.3.2 may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us;

  • 4.3.3 may be disabled by us at any time for any reason without liability to us (except in cases of our gross negligence or wilful misconduct);

  • 4.3.4 may only be used pursuant to the specific terms that we establish for that Promo Code and in accordance with the Terms of Sale;

  • 4.3.5 are not redeemable for cash; and

  • 4.3.6 may expire prior to your use.

  • 4.4 To protect the intellectual property rights of FIGS and its licensors and suppliers, any resale of products purchased via the Site for commercial purposes or business profit is strictly prohibited.

  • 5. IMAGES AND INFORMATION ON THE SITE

  • 5.1 The Site and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

  • 5.2 We make reasonable efforts to display images and information relating to goods that are offered for sale by Global-e, and their colours, as accurately as possible. However, the displayed colours of the goods will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colours of the goods.

  • 5.3 We endeavour to avoid typographical errors on the Site and reserve the right to correct any such errors at any time.

  • 6. PROMOTIONAL OFFERS We may run promotional offers from time to time on the Site. All of the terms and conditions of any such promotion (including, but not limited to, the duration of the promotion, any costs to be borne by you, etc.) will be posted on the Site. In the process of participating in such promotion, you will be required to accept the applicable terms related to any such promotion. Each set of promotional terms are incorporated by your acceptance into, and make a part of, these Terms and Conditions. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.

  • 7. FIONX PROTECTIVE MASKS By accepting these Terms of Use you also accept the FIGS FIONx Protective Mask Terms for information related to FIGS’ FIONx protective masks. The full FIONx Protective Mask Terms are incorporated by your acceptance into, and made a part of, these Terms of Use. You acknowledge that FIONx™ Protective Masks are non-medical masks and have not been certified, approved, or cleared by the NIOSH, the CDC, the FDA, or any other certifying body or health regulatory authority. As such, FIGS makes no representations regarding the safety and efficacy of these masks in filtering particles out of the air, providing a barrier to prevent or limit the transmission of particles, secretions and/or fluids, or for any other purpose such masks are typically intended for use. These masks are not labelled as a respiratory protective device, and therefore should not be used for particulate filtration.

  • 8. INTELLECTUAL PROPERTY RIGHTS

  • 8.1 You understand and acknowledge that all intellectual property rights in the FIGS name and trademarks (including but not limited to names, logos, commercial slogans, product names and commercial symbols), the Site (including but not limited to text, designs, images, videos, graphics, software, code, proprietary methods and systems), and the goods featured on the Site (including but not limited to product names, images and packaging) are owned by us or our licensors. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved. Ownership of all such intellectual property rights and the goodwill associated therewith remains with us and/or our licensors (as applicable).

  • 8.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms of Use. Subject to these Terms of Use, FIGS grants you a limited, royalty-free license for the duration permitted by the applicable law where you are domiciled to reproduce portions of the information and content available on the Site for the sole purpose of using the Site for your personal or non-commercial purposes. Unless otherwise specified by FIGS in a separate license, your right to use such materials that you access or download through the Site is subject to the Terms of Use.

  • 8.3 You are not permitted to use our intellectual property rights for or in connection with any commercial, non-personal or public purpose whatsoever without our prior written consent (or the prior written consent of our licensors, as applicable).

  • 8.4 Our intellectual property rights may not be copied, modified, reproduced, republished, posted or re-posted, transmitted, sold, offered for sale, uploaded or redistributed in any way without our prior written permission and/or the prior written permission of our licensors.

  • 8.5 You must abide by all copyright notices, information, or restrictions contained in or attached to any of our intellectual property rights.

  • 8.6 Nothing in these Terms of Use grants you any right to receive delivery of a copy of our intellectual property rights or to obtain access to our intellectual property rights except as generally and ordinarily permitted through the Site according to these Terms of Use.

  • 8.7 Any communications or materials that you send to us through the Site by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising, and marketing. This Section does not apply to consumers resident in Germany.

  • 8.8 Any use of third-party software provided in connection with the Site will be governed by such third parties’ licenses and not by these Terms of Use.

  • 8.9 These Terms of Use do not limit any mandatory statutory rights that you are entitled to.

  • 9. USER GENERATED CONTENT

  • 9.1 When you access the Site, you have the opportunity to share and access user-generated information and materials (for example, product reviews, comments, pictures, text or sound), all of which we call “Content.”

  • 9.2 You agree not to revise Content posted by others.

  • 9.3 When you as a user post or publish Content that you upload, post, e-mail, transmit or otherwise make available on the Site, you grant FIGS to the maximum extent permitted by applicable law a fully paid, royalty-free, irrevocable, non-exclusive and fully sublicensable right (including any moral rights, unless you are a consumer resident in Germany, France or Italy in which case the provision for moral rights does not apply to you, and if you are resident elsewhere then only if permissible under the applicable law of your jurisdiction) and license for the duration permitted by the applicable law where you are domiciled to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public, your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights and waiving any moral rights in FIGS’ favour (unless you are a consumer resident in Germany, France or Italy in which case the provision for moral rights does not apply to you, and if you are resident elsewhere then only if permissible under the applicable law of your jurisdiction), that may exist in your Content. The purposes of this licence are as follows: (i) advertising, marketing and promotion, including in relation to the Site and FIGS; and (ii) allowing other users of the Site and other third parties to view, access, use, download, modify, adapt, amend, prepare derivative works of, publish, transmit or distribute your User Generated Content.

  • 9.4 You confirm that you will not post any Content that in any manner:

  • 9.4.1 infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others (for example, you should not use images of well-known characters, footage or music unless it is your own or you have permission to use it);

  • 9.4.2 violates the applicable privacy, publicity, or other rights of third parties;

  • 9.4.3 violates any applicable law, statute, ordinance or regulation;

  • 9.4.4 violates any part of these Terms of Use;

  • 9.4.5 is false, dishonest or inaccurate;

  • 9.4.6 is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, bullying, discourteous, hateful, harmful, abusive or racially, ethnically, religiously, sexually or otherwise offensive;

  • 9.4.7 discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary, private, personal or confidential information of others;

  • 9.4.8 misrepresents your identity or your affiliation with another person in any way, or impersonates another person;

  • 9.4.9 contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate the Site or any system, data or personal information;

  • 9.4.10 advocates or encourages any terrorism, violence or illegal activity;

  • 9.4.11 gives the impression that it emanates from or is endorsed by FIGS if this is not the case; and/or

  • 9.4.12 has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our internet service providers or other suppliers.

  • 9.5 You access the Site at your own risk. Although we strive to enforce these rules with all of our users, we are under no obligation to proactively oversee, moderate or monitor this activity and you may be exposed to Content that violates our policies or is otherwise offensive.

  • 9.6 We reserve the right to refuse to accept or refuse or cease to use any Content supplied by any person that contravenes these rules. We are merely acting as a passive conduit for such distribution.

  • 9.7 We may remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. If you become aware of any Content that breaches the rules, please contact us at legal@wearfigs.com, providing your full name and address, along with details of:

  • 9.7.1 the date on which it was posted and where it can be found on the Site;

  • 9.7.2 the username of the person who posted it;

  • 9.7.3 reasons why the Content should be deleted; and

  • 9.7.4 copies of any communication with the user who posted it (if any).

  • 10. GENERAL RULES OF USER CONDUCT

  • 10.1 It is our goal to make access to our Site a good experience for all of our users.

  • 10.2 You may only use the Site for your own private and non-commercial use, in accordance with applicable law and these Terms of Use.

  • 10.3 You are responsible for making all arrangements necessary for you to have access to the Site.

  • 10.4 You must not:

  • 10.4.1 conduct or promote any illegal activities while using the Site;

  • 10.4.2 upload, distribute or print anything that may be harmful to minors;

  • 10.4.3 attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

  • 10.4.4 attempt to gain access to secured portions of the Site to which you do not possess access rights; misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately;

  • 10.4.5 use the Site to generate unsolicited email advertisements or spam;

  • 10.4.6 use the Site to stalk, harass or harm another individual;

  • 10.4.7 use any high volume automatic, electronic or manual process to access, search or harvest information from the Site (including without limitation robots, spiders or scripts);

  • 10.4.8 interfere in any way with the proper functioning of the Site or interfere with or disrupt any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

  • 10.4.9 use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the content contained on any such web page for commercial use without our prior express written permission;

  • 10.4.10 impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or

  • 10.4.11 mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages.

  • 11. FEEDBACK In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements or other feedback related to any elements of the Site (collectively “Feedback”), you agree we may use the Feedback as we see fit and that you will not be due any compensation or benefit whatsoever (whether financial or otherwise). You grant to us a worldwide, royalty-free, fully paid, irrevocable license for the entire duration of the protection of such rights by any intellectual property rights to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.

  • 12. MODIFICATIONS TO THE SITE

  • 12.1 The Site is made available free of charge.

  • 12.2 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted.

  • 12.3 Access to the Site is permitted on a temporary basis.

  • 12.4 We reserve the right to suspend, withdraw, modify or discontinue the Site with or without notice to you, for example in the event of: (i) any technical change or update to the features, characteristics and/or functionalities of the Site; and/or (ii) any change due to any law, statutory provision, decree, order, regulation or other statutory provision or order of the Authority to the extent that such provisions are applicable to these Terms of Use. To the fullest extent permitted by applicable law, we will not be liable to you or any third party should we exercise our rights to suspend, withdraw, modify or discontinue the Site. If you object to any such modifications, your sole recourse will be to cease access to the Site.

  • 12.5 You may need to update third-party software from time to time in order to use the Site.

  • 13. THIRD PARTY CONTENT AND OTHER WEBSITES

  • 13.1 Content from other suppliers, advertisers, and other third parties may be made available to you through the Site. Please note that we do not control such content. We dissociate ourselves from third party content accessed via hyperlinks and expressly do not adopt such content as our own. You understand that it is impossible for FIGS to proactively monitor such materials permanently and that you access these materials at your own risk.

  • 13.2 We do not make any warranties, representations, endorsements or guarantees about the accuracy, currency, suitability, or quality of the information in third party content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by third parties or violation of any third-party rights related to such content.

  • 13.3 The Site may contain links to websites that are not operated by us. You are responsible for deciding whether to access a third-party website and your use of third party websites will be governed by the terms and policies of that third party website (including but not limited to their privacy practices). We assume no responsibility for the content of websites linked to from the Site (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  • 14. PRIVACY POLICY For information relating to our collection, use, storage, and disclosure of your personal information please read our Non-U.S.) Privacy and Cookie Policy, available here.

  • 15. GIFT CARDS If gift cards are available to you for purchase via the Site, then additional terms and conditions will apply with regards to that contract of sale (and these will be contained in our separate FIGS Gift Card Terms and Conditions).

  • 16. DISCLAIMER OF WARRANTIES

  • 16.1 Please note that some jurisdictions may not permit the exclusion of implied conditions or warranties or of certain liabilities, and that some of the exclusions cited herein may therefore not apply to you.

  • 16.2 This Section does not apply to consumers resident in the United Kingdom, Spain, Germany, the Republic of Ireland, the Netherlands, Italy, France or the province of Quebec, Canada. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, THIS SITE AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FIGS “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR COLLATERAL, AS TO THE OPERATION OF THIS SITE OR THE CONTENT INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

  • 16.3 This Section does not apply to consumers resident in the United Kingdom, Spain, Germany, the Republic of Ireland, the Netherlands, Italy, France or the province of Quebec, Canada. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL AND/OR USE OF ANY PRODUCT, UNLESS SUCH LOSS OR DAMAGE IS DUE TO THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF FIGS. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE WILL CREATE ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.

  • 16.4 For consumers resident in the United Kingdom, one of the member states of the European Union, the Republic of Ireland, Iceland, Liechtenstein, Norway or the province of Quebec, Canada: Nothing in these Terms of Use affects your statutory rights, however, this Section will apply to the fullest extent permitted by applicable law. In the United Kingdom, advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office. In the Republic of Ireland, advice about your statutory rights is available from your local Citizens Information Centre. Equivalent centres of advice may be accessible in your country of residence.

  • 16.5 For consumers resident in Italy: Nothing in these Terms of Use affects your rights according to the Italian Consumer Code (adopted with Legislative Decree 206/2005, as may be amended from time to time).

  • 16.6 For consumers resident in Australia: Nothing in these Terms of use affects your statutory rights arising under the Australian Consumer Law.

  • 17. LIMITATION OF LIABILITY

  • 17.1 Some jurisdictions do not allow for the limitation or exclusion of liability as set out in Section 17.2, and we set these exceptions out below.

  • 17.2 This Section does not apply to consumers resident in the United Kingdom, Spain, Belgium, Germany, the Republic of Ireland, the Netherlands, Italy or France. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE CONSUMER RIGHTS YOU MAY HAVE, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO YOUR NON-EXCLUDABLE CONSUMER RIGHTS BELOW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE SHALL BE LIMITED TO FIFTY DOLLARS (U.S. $50.00).

  • 17.3 This Section applies to consumers resident in the United Kingdom:

  • 17.3.1 Nothing in these Terms of Use excludes or limits our liability for:

  • (a) death or personal injury caused by our negligence;

  • (b) fraud or fraudulent misrepresentation; and

  • (c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

  • 17.3.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

  • 17.3.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 17.3.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to fifty USD ($50.00).

  • 17.4 This Section applies to consumers resident in Australia:

  • 17.4.1 Nothing in these Terms of use excludes or limits our liability for:

  • (a) death or personal injury caused by our negligence;

  • (b) fraud or fraudulent misrepresentation;

  • (c) any loss, liability or damage caused by our negligence or wilful misconduct; and

  • (d) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

  • 17.4.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

  • 17.5 This Section applies to consumers resident in Belgium:

  • 17.5.1 YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE CONSUMER RIGHTS YOU MAY HAVE, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO YOUR NON-EXCLUDABLE CONSUMER RIGHTS BELOW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS (U.S. $100.00).

  • 17.6 This Section applies to consumers resident in Canada:

  • 17.6.1 Some jurisdictions do not allow for the exclusion or limitation of particular types of damages or remedies, so the limitations or exclusions herein may not apply to you in their entirety but they will apply to the fullest extent permitted by applicable law. For consumers residing in the province of Quebec, nothing in these Terms of Use excludes or limits our liability for the consequences of our own actions or the actions of our representatives.

  • 17.7 This Section applies to consumers resident in France:

  • 17.7.1 Nothing in these Terms of Use excludes or limits our liability for:

  • (a) death or personal injury caused by our negligence; and

  • (b) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

  • 17.7.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

  • 17.7.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 17.8 This Section applies to consumers resident in Germany:

  • 17.8.1 Unless otherwise stated in these Terms of Use, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions. We shall be liable for damages - irrespective of the legal grounds - within the framework of fault-based liability in the event of intent and gross negligence.

  • 17.8.2 In the event of simple or slight negligence, we shall be liable, subject to statutory limitations of liability (e.g. due care in own affairs; insignificant breach of duty) only

  • (a) for damages arising from injury to life, body, or health (i.e. death or personal injury); and

  • (b) for damages arising from the breach of a material contractual obligation (the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however our liability shall be limited to compensation for the foreseeable, typically occurring damage. These limitations do not apply in case of fraud, fraudulent misrepresentation, if we have fraudulently concealed a defect, have given a guarantee of quality, or have assumed a procurement risk. Furthermore, any mandatory statutory liability, in particular under the Product Liability Act, shall remain unaffected.

  • 17.8.3 The limitations of liability resulting from this Section 17.8 shall also apply to our executive bodies, legal representatives, employees, staff and vicarious agents and/or other persons for whose fault we are responsible in accordance with statutory provisions.

  • 17.8.4 Subject to Sections 17.8.1 and 17.8.2, we assume no liability for any damages or losses caused by any unforeseeable, unavoidable and uncaused events beyond our reasonable control.

  • 17.8.5 All other liability on our part is excluded.

  • 17.9 This Section applies to consumers resident in the Republic of Ireland:

  • 17.9.1 Nothing in these Terms of Use excludes or limits our liability for:

  • (a) death or personal injury caused by our act or omissions;

  • (b) fraud or fraudulent misrepresentation; and

  • (c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

  • 17.9.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

  • 17.9.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 17.9.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to fifty Euros (€50.00).

  • 17.10 This Section applies to consumers resident in Italy:

  • 17.10.1 Nothing in these Terms of Use excludes or limits our liability for:

  • (a) death or personal injury caused by our negligence;

  • (b) fraud or fraudulent misrepresentation; and

  • (c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability according to the applicable law.

  • 17.10.2 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 17.11 This Section applies to consumers resident in the Netherlands:

  • 17.11.1 Nothing in these Terms of Use excludes or limits our liability for:

  • (a) death or personal injury caused by our negligence;

  • (b) fraud or fraudulent misrepresentation; and

  • (c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

  • 17.11.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

  • 17.11.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 17.11.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to fifty Euros (€50.00).

  • 17.12 This Section applies to consumers resident in Spain:

  • 17.12.1 Nothing in these Terms of Use excludes or limits our liability for:

  • (a) gross negligence or wilful misconduct;

  • (b) death or personal injury caused by our negligence;

  • (c) fraud or fraudulent misrepresentation; and

  • (d) any other matter in respect of which it would be unlawful for us to exclude or restrict our liability.

  • 17.12.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable, or which, where foreseeable, it was unavoidable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

  • 17.12.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 17.12.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether for contractual liability (including under any indemnity), extra-contractual liability (including negligence) or otherwise shall be limited to fifty USD ($50.00).

  • 18. INDEMNIFICATION

  • 18.1 This Section 18 does not apply to consumers resident in the United Kingdom, Spain, Germany, the Republic of Ireland, Canada, and France.

  • 18.2 To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless FIGS, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents (“FIGS Parties”), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' or legal fees and court costs) that such parties may incur as a result of or arising from:

  • 18.2.1 your unauthorised use of or misuse of the Site;

  • 18.2.2 your violation of any portion of these Terms of Use;

  • 18.2.3 your violation of any rights of any other person or entity; or

  • 18.2.4 any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site.

  • 18.3 You are not obligated to indemnify the FIGS Parties under Section 18.2 for any claim arising out of FIGS' negligence or wilful misconduct.

  • 18.4 FIGS reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

  • 19. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

  • 19.1 It is FIGS’ policy to terminate Site access and privileges of any user who repeatedly infringes copyright upon prompt notification to FIGS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, we ask that you please provide our Copyright Agent (as set out below) with the following information:

  • 19.1.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • 19.1.2 a description of the copyrighted work that you claim has been infringed;

  • 19.1.3 a description of the location on the Site of the material that you claim is infringing;

  • 19.1.4 your address, telephone number and e-mail address;

  • 19.1.5 a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

  • 19.1.6 a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  • 19.2 Contact information for FIGS’ Copyright Agent for notice of claims of copyright infringement is as follows: FIGS, Inc., Attn: Legal, 2834 Colorado Ave, Suite 100, Santa Monica, CA 90404, legal@wearfigs.com.

  • 19.3 Section 19.1 does not affect your rights under applicable law.

  • 20. ELECTRONIC COMMUNICATIONS

  • 20.1 We can only give you the benefits of our service by conducting business through the Internet. By using our Site, you agree all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. (This does not concern marketing communications, and required consents for those, which are detailed in and governed by our Non-U.S. Privacy and Cookie Policy, available here.)

  • 20.2 The foregoing does not affect your non-waivable rights.

  • 20.3 You will receive a copy of these Terms of Use by registering an Account on this Site.

  • 20.4 Please keep us informed of any changes in your email or mailing address so that you continue to receive these Communications without interruption.

  • 21. NON-U.S. USERS

  • 21.1 This Site can be accessed from countries around the world and may contain references to features, services and products that are not available in your country. These references do not imply that FIGS intends to announce such features, services or products in your country.

  • 21.2 The Site is controlled and offered by FIGS from its facilities in the United States of America. If we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law.

  • 21.3 This Section applies to you if you are a consumer resident in Australia. The Australian Consumer law conveys specific remedies for Australian consumers. If you are an Australian consumer, nothing in these Terms of use affects any non-excludable rights conferred to you as a consumer under the Australian Consumer Law. For the avoidance of doubt, references in these Terms of use to the "Australian Consumer Law" refer to Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time.

  • 22. SUSPENSION AND TERMINATION

  • 22.1 You may terminate your Account for convenience at any time by following the instructions on the Site. We may terminate your Account for convenience with reasonable notice. Our right to terminate your Account for good cause, as set out in Section 22.2 below, remains unaffected.

  • 22.2 If we become aware of any possible violations, or if we determine that you breached any portion of these Terms of Use or have otherwise demonstrated conduct inappropriate for our Site, we reserve the right to (without limitation):

  • 22.2.1 investigate your behaviour, including your possible violations;

  • 22.2.2 issue a warning to you;

  • 22.2.3 temporarily or permanently remove any Content uploaded by you to the Site;

  • 22.2.4 temporarily or permanently deactivate or suspend access to your Account;

  • 22.2.5 temporarily or permanently withdraw your right to use or access the Site in whole or in part;

  • 22.2.6 refer the matter to, and cooperate with any and all applicable legal authorities;

  • 22.2.7 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

  • 22.2.8 disclose any information to law enforcement authorities as we reasonably feel is necessary and/or in order to comply with applicable law, legal processes or governmental requests; and

  • 22.2.9 pursue any other legal action against you that we deem to be appropriate.

  • 23. GENERAL

  • 23.1 Assignment. These Terms of Use and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FIGS’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

  • 23.2 Language. The parties hereto have expressly requested that these Terms of Use and any ancillary document be drafted in the English language. Les parties aux présentes ont expressément requis que les présentes modalités et tout document y afférant soient rédigés en langue anglaise.

  • 23.3 Questions and Complaints. If you believe that FIGS has not adhered to these Terms of Use, please contact FIGS by emailing us at stat@wearfigs.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you are a consumer in France, then pursuant to the applicable provisions of the Consumer Code relating to "Consumer Alternative Dispute Resolution process" L611-1 et seq., FIGS offers you effective access to an alternative dispute resolution program. The proposed alternative dispute resolution entity is CEDR. If we cannot resolve a dispute using our internal complaint handling procedure or if you are not happy with the solution provided by our internal complaint service and your claim is less than one (1) year old, you can address your claim to CEDR by post at the following address 100 St. Paul's Churchyard, London EC4M 8BU or electronically directly at the following address: www.cedr.com. If you are a consumer resident in a European Union Member State, and you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

  • 23.4 Force Majeure. This Section does not apply to consumers resident in Germany. Without limiting the foregoing provisions of these Terms of Use, under no circumstances will FIGS be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of transportation facilities, fuel, energy, labour or materials, fires, floods, storms, explosions, acts of God, pandemics, war, acts of civil or military authorities, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

  • 23.5 Waiver. Any waiver or failure to enforce any provision of the Terms of Use by us on one occasion will not be deemed our waiver of any other provision or of such provision on any other occasion.

  • 23.6 Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable by a court or relevant authority, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

  • 24. GOVERNING LAW AND JURISDICTION

  • 24.1 Except to the extent prohibited by applicable law, these Terms of Use are governed by English law. This means that your access to and use of the Site and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

  • 24.2 You may bring any dispute which may arise under these Terms of Use, at your discretion, to either the competent court of England, or to the competent court of your country of elective domicile or habitual residence if this country is within the UK or is an EU Member State or Canada, in which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms of Use to the competent court of your country of elective domicile habitual residence if this country is within the UK or is an EU Member State or otherwise the competent court of England.

  • 24.3 If you are a consumer and are resident in the UK, the European Union, or Canada and we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law.

  • 24.4 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.