SECTION 23.4 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 23.4 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
- REGISTRATION. You may simply browse the Site, or you may register with FIGS and create an “Account”. You do not have to have an Account to order Products. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
through the Site for Products (such order, an “Order”). For
Team Orders (as defined below), please see the
Supplemental Terms for Team Orders
FIGS only ships currently to addresses in the United States,
Canada, Australia, the U.K. and the E.U.
- Order Acceptance. When you place an Order, we will confirm your address by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. Your Order will be deemed accepted by FIGS upon our shipment of the Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when FIGS provides the Product(s) to a common carrier. Any estimated shipping date provided by FIGS is based on Product availability and payment processing time, and does not include transit time.
- Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, FIGS reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
- Returns and Exchanges. All sales of Products are subject to our then-current return policies, as posted on the Site and made available to you when you placed an Order through our Site. The most current version of the return and exchange policy is available at our Returns Page.
- Restrictions on Resale. To protect the intellectual property rights of FIGS and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. FIGS reserves the right to decline any order that we deem to possess characteristics of reselling. FIGS actively protects its intellectual property rights and will not hesitate to do so upon learning of any unauthorized resale of its Products.
- International Importation. For Canadian, UK and EU customers, this wording is required to appoint you as the importer for the goods and to authorize our customs broker to import the goods on your behalf. As the goods are being shipped from outside Canada, the UK or EU, you, and not FIGS, will be the importer of the goods into your country and will be liable to pay any taxes, GST, VAT and/or customs duties due on the goods. To make things easier for you and to speed up the delivery of your order, we have arranged for our customs broker to act on your behalf to import the goods and deal with any customs formalities (e.g. file any customs declarations). You agree to our customs broker dealing with customs formalities and paying any taxes, GST, VAT and/or customs duties in your name and on your behalf. You acknowledge that these taxes and charges are already included in the order total set out at check-out and charged to my payment method.
FEES AND PURCHASE TERMS.
- Payment. To pay for an Order, you will need to provide FIGS with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site, including but not limited to through Affirm, PayPal, Google Pay or Amazon Pay (each, a “Payment Provider”). By submitting your payment information, you are making payment for your Order and authorize us to charge the applicable Payment Provider at our convenience but within thirty (30) days of credit card authorization. You represent and warrant that you will not use any Payment Provider unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so under your supervision); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
- 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 (“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: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) 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; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
- PRICING AND PRODUCTS. We make reasonable efforts to display our Products and their colors as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change prior to submission of an Order. We cannot confirm the price of an item until prior to you paying for the Order. Despite our best efforts, a small number of the items on our Site may be mispriced. To the extent permitted by applicable law, we are not responsible for typographical errors regarding price or any other matter and reserve the right to correct any such errors at any time. All prices do not include shipping and handling, GST, VAT, sales taxes, or any customers charges or duties (including brokerage fees) which, if applicable, will be added to your total purchase price prior to you paying for the Order. You are responsible for the payment of any shipping and handling charges, state, GST, VAT, provincial and local sales or use taxes, and customs charges or duties (including brokerage fees) that may apply to your Order.
We may run promotional offers from time to
time on the Site. The terms of any such promotion will be posted on the
Site. You acknowledge that you have read and understood the applicable
terms for information related to any such promotion. Each promotional
terms are incorporated by this reference into, and made a part of, these
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.
You understand and acknowledge that the software, code,
proprietary methods and systems used to provide the Site and/or Services
(“Our Technology”) are: (i) copyrighted by us and/or our
licensors under United States and international copyright laws; (ii)
subject to other intellectual property and proprietary rights and laws;
and (iii) owned by us or our licensors. Our Technology may not be
copied, modified, reproduced, republished, posted, transmitted, sold,
offered for sale, or redistributed in any way without our prior written
permission and the prior written permission of our applicable licensors.
You must abide by all copyright notices, information, or restrictions
contained in or attached to any of Our Technology. Nothing in these
Technology or to obtain access to Our Technology except as generally and
implication, estoppel or otherwise, a license to Our Technology.
- Third-Party Materials. As a part of the Site and/or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for FIGS to monitor such materials and that you access these materials at your own risk.
RULES REGARDING INFORMATION AND OTHER CONTENT.
When you access the Site and/or Services, you obtain access to various
kinds of information and materials, all of which we call
“Content.” You agree not to revise Content posted by others, and
you represent and warrant that you will not post any Content in any
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violates the applicable privacy, publicity, or other rights of third parties or any other applicable law, statute, ordinance or regulation;
- Is false or inaccurate or becomes false or inaccurate at any time;
- Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresents your identity in any way;
- 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 any system, data or personal information;
- Advocates or encourages any illegal activity; or
- 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.
However, when you as a user post or publish Content that you upload, post, e-mail, transmit or otherwise make available on the Site (“Your Content”), you grant FIGS a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license 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, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Site. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not FIGS, are responsible for all of Your Content on the Site.