Term of service

Thank you for using FBE(Fulfillment by easycreat) Cross-border E-commerce Platform! These Terms of Use ("Terms") contain the rules and restrictions that govern your use of the FBE website and mobile application, all services and other offerings provided through FBE, and your purchase of products on FBE available to residents (collectively, the "Services"). The Services are intended to promote the Products FBE. These Terms form a binding agreement between you and us. By completing the registration process and/or browsing the Services, you represent, and we rely on the facts that (1) you have read, understand and agree to be bound by the Terms; (2) you are of legal age in your province of residence and have the capacity to form a binding contract with us; (3) you have the authority to enter into the Terms personally; and (4) if you are using the Services on behalf of a company or other entity, (a) you agree that “you” includes you and that entity, (b) you are an authorized representative and/or agent of the entity with the authority to bind the entity to these Terms, and (c) you agree to these Terms on the entity’s behalf. Your access of the Services is your acceptance that you agree to be bound by all of these Terms.

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES OR PLACE ORDERS FOR ANY PRODUCTS.

1. Overview

1.1 Contracting Parties

By using the Services and purchasing Products, you are contracting and entering these Terms with FBE Inc. FBE Inc. is referred to in these Terms and Policies (as defined below) as "we" or "us". FBE users and Product purchasers are referred to in these Terms as "you."

1.2 Order Fulfillment and Support

When you purchase one or more Products from us (or a third party merchant) on FBE (an “Order”), we (or the third party merchant where applicable) are responsible for fulfilling your Order, for the Products and for providing any post-sale services. We and our affiliates also provide technical and operational support for FBE.

1.3 Additional Policies

Your use of, and participation in, certain Services may be subject to additional policies or rules or terms we may publish from time to time (“Policies”), including our Privacy Policy. The Policies are expressly incorporated by reference into these Terms. If the Terms are inconsistent with the Policies, the Policies shall control with respect to the relevant subject matter.

1.4 Changes to Terms

PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms and any updated Policies available on FBE. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be made effective in accordance with applicable laws. Where required we may provide notice and you may be required to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE OR APPLICATION TO VIEW THE THEN-CURRENT TERMS.

2. Purchases; Pricing

2.1 Pricing and Taxes

All Product prices (“Prices”) listed on FBE are exclusive of shipping charges and applicable taxes, including without limitation goods and services tax/harmonized sales tax, provincial sales tax, retail sales tax, Québec sales tax and any similar taxes (collectively, “Sales Taxes”), which will be charged to you separately at the applicable rate and which are payable by you. Prices may change at any time, but any change (other than errors under Section 2.2) shall not apply to any Order for which we have sent an order confirmation. All amounts are in dollars unless otherwise noted on FBE. By clicking “Submit order” on FBE, you are offering to purchase Products on FBE (from us or a third party merchant as the case may be). The acceptance of such offers is in our sole discretion and will be communicated to you in our order confirmation. For the avoidance of doubt, we reserve the rights, in our sole discretion, not to accept your offer to purchase any Products and to cancel your Order or parts of your Order in certain events, including, without limitation, supply difficulties or if the Products are no longer in stock.

2.2 Accuracy of Information

While we strive to provide accurate information on FBE, typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, availability, and offers may occur. Subject to applicable law, we reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel Orders or parts of Orders if any information on FBE is inaccurate at any time without prior notice, including after your Order has been submitted or your receipt of an order confirmation or shipping notice. Strike-through pricing demonstrated on the website is for illustration purposes only, is intended to be comparative to prior pricing offered for the same products on the site, and may not be current information or a reflection of comparative pricing from multiple sources. If comparing prices is important to your purchase decision, you should do your own comparison before making a purchase.

2.3 Product Descriptions and Restrictions

Please check all descriptions and restrictions regarding the Product you are interested in thoroughly before you place your Order. If you have any special circumstance that may affect or be affected by the Product you wish to purchase, it is solely your responsibility to inform us before you place your Order.

2.4 Payment Obligations

You agree to pay all amounts specified in your order confirmation, including all shipping charges, Sales Taxes and other applicable taxes, charges and fees.

2.5 Product Color Accuracy

We make reasonable efforts to display, as accurately as possible, the colors of our Products on FBE. However, we cannot guarantee that the display of any color on your device will be an accurate depiction of the color of the Product you selected to purchase.

2.6 Product Conformity

You acknowledge that the Products are in conformity with the transaction or intended purchase if they: (i) comply with the description given on FBE and possess the qualities that we have presented on FBE; and (ii) are fit for the purposes for which goods of such kind are normally used.

2.7 Payment Method Authorization

In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly update your account with any changes related to your payment method. BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE US OR OUR AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR PURCHASED PRODUCTS; (B) ANY AND ALL APPLICABLE TAXES (INCLUDING SALES TAXES), CHARGES, FEES AND SHIPPING COSTS; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN APPLICABLE POLICIES. We may decline, freeze or hold your transaction for any reason, including for suspected fraud, anti-money laundering and sanctions compliance, or if we believe your transaction poses a risk to us or any third party.

2.8 Third-Party Payment Processors

Third-party service providers for payment services (“Payment Processors”) may charge you fees for your purchases made through FBE. Such processing fees will be disclosed to you via FBE. Your use of the Services and the payment processing provided by the Payment Processor is subject to your agreement with the Payment Processor, as may be modified from time to time. As a condition of using the payment services, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor.

2.9 Payment Fulfillment

Your payment obligations are fully fulfilled once your payment of the agreed price is received.

2.10 Title Transfer

Title to any purchased Product transfers from us (or, where applicable, a third party merchant) to you when such Product is delivered to the shipping address provided by you.

3. Refunds and Exchanges

3.1 Customer Service Support

We will assist you with customer services support involving payment, return, refund and other areas in connection with your purchase of Products.

3.2 Return and Refund Policy

We want you to be satisfied with your purchases through FBE. For all the products purchased on FBE, you may be entitled to a return and refund. For details of return and refund, please visit our Return and Refund Policy. Please follow the instructions in the Policy if you want to request a refund. You acknowledge and agree that we may issue a refund to you in accordance with the Return and Refund Policy in our discretion and upon confirmation of compliance with the Policy. Unless otherwise described in the Return and Refund Policy, the refund will not cover customs, taxes, or any return shipping costs you may incur in the refund process.

4. Rewards

4.1 Types and Usage of Rewards

You may receive credits, coupons, cash, gifts or other kinds of reward by use of the Services (collectively, “Rewards”). Some rewards may only be used for discounts on or payment for eligible purchases on or through FBE (but note that not all Products may be eligible) and cannot be redeemed for cash, except in jurisdictions where required by law. You should read carefully the information and applicable rules regarding different kinds of rewards.

5. User Requirements and Registration

5.1 Account Creation and Responsibility

You may be required to create an account, and select a password and user name. When creating your account on FBE (“Account”), you agree to provide true, accurate, complete, and updated information about yourself, including contact details. You are responsible for keeping your registration information with us up to date. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to prohibit use by minors, and you will accept full responsibility for any unauthorized use of the Services through your Account by any minor. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. You agree not to create an Account or use the Services if you have been permanently banned from any of the Services. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security and to exit from your Account at the end of each session.

6. Rules and Restrictions

6.1 Permitted Use

You agree to use the Services for your own and personal use, and not on behalf of or for the benefit of any third party or for any commercial purpose, and only in a manner that complies with these Terms, the Policies, and all applicable laws. We are not responsible if you use the Services in any way that is a violation by you of any applicable laws.

6.2 Account Security

You are responsible for all activity associated with your Account. Therefore, you must protect the security of your Account and password and not share them with any third party. You must notify us immediately of any unauthorized use or security breach of your Account.

6.3 Multiple Accounts

You must not create multiple accounts.

6.4 Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Services, to the extent permitted by applicable laws, may be governed by separate rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

6.5 Prohibited Conduct

When using the Services, you agree and undertake not to take any action or make available any User Submissions, as defined in Section 9 below, through the Services that may:

infringe or violate another person’s rights, including intellectual property rights;
violate any of these Terms, the Policies, or applicable laws and regulations;
engage in any unlawful, harmful, abusive, misleading, false, fraudulent, deceptive, threatening, harassing, defamatory, libelous, pornographic, obscene, profane or otherwise objectionable or discriminatory conduct;
circumvent or attempt to circumvent any of these Terms, the Policies or other rules relating to the Services including the Promotions;
constitute unauthorized or unsolicited advertising, or junk or bulk e-mail;
collect personal data from other users or use any such information collected from the Services;
engage in any conduct that is likely to cause a security breach of your Account;
obtain another user’s password, Account, or other security information;
use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or your affiliation with any person or entity;
violate or interfere with the proper functioning or security of any computer network;
run any form of auto-responder or "spam" on the Services, any process that runs or is activated while you are not logged into the Services, or any process that otherwise interferes with the proper functioning of the Services (including by placing an unreasonable load on the Services' infrastructure through overloading, “flooding,” “mail bombing” or crashing the Services);
potentially harm the Services, including but not limited to the violation of any security features of the Services, use of manual or automated software or other means to access, "crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or the introduction of viruses, worms or similar harmful code into the Services;
copy or store any significant portion of the content on the Services without written consent from us;
decompile, reverse engineer, or otherwise obtain the source code or underlying ideas or information of or relating to the Services;
buy any Products which you are not legally allowed to purchase or use;
abuse any promotions, discounts, or other benefits offered by us, or manipulate the price of any listed Products or interfere with listings; or
attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list.

In addition to any other remedies available to us, a violation of any of the foregoing is grounds for:

removal or refusal to post any User Submission for any or no reason in our sole discretion;
cancellation of your purchases of Products;
cancellation of Rewards or payments due from us; and/or
suspension or termination of your access to or use of the Services.

If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Submissions, in our possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms and Policies, (iii) respond to any claims that a User Submission violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of us, our users or the public, and all enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate.

7. Privacy

7.1 Privacy Policy

Our Privacy Policy provides information about how we collect, use, and disclose your personal information when you access, visit or use the Services. In connection with your use of the Services, you acknowledge and agree that we may collect, access, use, preserve and disclose your personal information (including your Account and user information) as described in our Privacy Policy. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy.

7.2 Information Sharing for Purchases

In order to fulfill your purchases, we need information about you, such as your mailing address. You acknowledge and agree that when you make a purchase, you authorize us to collect your information (including your name, street address, and phone number) and share your information with third party service providers to facilitate the fulfilment of your Order.

8. Communications

8.1 Electronic Communications

With your consent or as otherwise permitted by applicable law, we may send you communications electronically such as emails, texts, mobile push notices, and notices and messages on or through the Services (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from us. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Services on your mobile device, including for your receipt of Push Messages. You also acknowledge and agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically constitute and shall have the same legal effect as “in writing.”

8.2 Communication Purposes

You agree that we may communicate with you at any email address or telephone number that you provide us, to: (i) notify you regarding your Account; (ii) troubleshoot problems with your Account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) notify you regarding order, payment and delivery updates; (vii) send you authentication texts; or (viii) as otherwise necessary to service your Account or enforce these Terms, the Policies, applicable laws and regulations, or any other agreement we may have with you. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. We will obtain your consent for any such communications sent to your email address to the extent required by applicable law.

8.3 Marketing Communications

If you would like to receive our marketing materials via mobile texts and alerts, you may sign up to do so. Upon signing up you will receive the applicable category of message(s) from or on behalf of us, including one-time passcodes, notifications regarding your orders, our promotional messages, and abandoned cart reminders at the mobile number you provide us. Message frequency varies and carriers are not liable for any delays or undelivered messages. Message and Data Rates may apply. You acknowledge that you are not required to consent to receive marketing texts as a condition of using the Services. If you wish to opt out of SMS texts from us, you can reply STOP to the corresponding number from your mobile device receiving the messages. However, you acknowledge that opting out of receiving texts may impact your use of the Services. If you would like to resume the subscription, reply UNSTOP to the corresponding number. We will not share your consent, opt-in and opt-out records with any third parties other than text messaging service providers and aggregators. You may also reply “HELP” for assistance. For further assistance, please contact us 1) if you are using a FBE website, at the appropriate email address on the “Contact us” page linked in the website footer, and (2) if you are using a FBE application, through the “Customer support” section in the “You” menu at the bottom of the home page.

8.4 Opting Out of Marketing Emails

If you wish to opt out of marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options in the marketing email itself.

8.5 Communication Monitoring

Our communications with you may be through a third-party service provider. You acknowledge and consent that, subject to our Privacy Policy, your communications with us, third party merchants, or our agents may be recorded, monitored, and stored for quality control and training purposes, or to protect your, our and/or third party merchants’ interests, as further outlined in our Privacy Policy.

9. User Submissions

9.1 Definition and Content Restrictions

“User Submission” means anything posted, uploaded, shared, submitted, stored, or otherwise provided by you through the Services, including suggestions, comments, reviews, ratings, photos, videos, or other feedback or materials, and may be viewable by other users. Any User Submission posted by you in your Account may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by us in our sole discretion.

9.2 Grant of License

For all User Submissions, you grant us a fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide right (including any moral rights) and license to use, license, store, display, reproduce, save, modify (e.g. to make sure the User Submission is viewable on different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate, or otherwise act with respect to such User Submissions as we determine is necessary to operate, market, and advertise the Services, including to present, display, or perform such User Submissions in accordance with your preferences.

9.3 Non-Confidentiality of User Submissions

You acknowledge and agree that all User Submissions (including the user name under which you made them) are non-confidential and non-proprietary. We may freely display, disclose, reproduce, modify, license, transfer, distribute and otherwise use the User Submissions in any manner, without any restriction or compensation to you.

9.4 User Warranties

You warrant that you own or otherwise control all rights to the User Submissions and that any User Submission does not infringe upon or violate the rights of any third party or violate any of the rules and restrictions contained in these Terms (including those included in Section 6 herein).

9.5 Disclaimer and Monitoring

We do not endorse User Submissions and they do not represent our views. We expressly disclaim any liability for User Submissions or damages resulting from them. We expect users to maintain a high level of integrity when submitting User Submissions that are viewable by other users, especially with respect to ratings and reviews of Products. You undertake that the User Submissions that are viewable by other users are made truthfully in good faith and based only on your first-hand experience. You further undertake that you will prominently indicate if a User Submission was sponsored or paid for in any way. You acknowledge that we have no obligation to pre-screen User Submissions, although we reserve the right to pre-screen, refuse, exclude or remove any User Submission for any reason or no reason, at our discretion and without notice to you at any time. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Submissions. In the event that we pre-screen, refuse, exclude or remove any User Submissions, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any User Submissions that violate the Terms or are otherwise objectionable.

10. Ownership

10.1 Content Protection

You acknowledge and agree that all materials displayed, performed, or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and User Submissions (collectively, "Content") are protected by copyright and/or other intellectual property laws throughout the world. You undertake to comply with all copyright notices, trademark rules, information, and restrictions contained in the Content, and not to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise use for any purpose any Content not owned by you without the prior consent of the owner of that Content.

10.2 Intellectual Property Rights

We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing upon another person’s intellectual property rights and to terminate the accounts of the alleged infringers. See our Intellectual Property Policy to learn how to report potentially infringing content.

10.3 Service Ownership

You acknowledge and agree that we own or license the Services. You undertake not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly provided in this Section 10.

10.4 Limited License

Subject to your compliance with these Terms and all applicable policies, rules, and guidelines, and your payment of any applicable fees and applicable Sales Taxes thereon, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services for the sole purpose of using FBE. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by us terminate if you do not comply with these Terms or any applicable policies, rules, or guide