Terms of service

OVERVIEW
Welcome to Fénix Market! The terms "we", "us" and "our" refer to Fénix Market. Fénix Market operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Fénix Market is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Fénix Market reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Fénix Market confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Fénix Market may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Fénix Market, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Fénix Market, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Fénix Market.
Fénix Market's names, logos, product and service names, designs, and slogans are trademarks of Fénix Market or its affiliates or licensors. You must not use such trademarks without the prior written permission of Fénix Market. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Fénix Market is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Fénix Market. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fénix Market, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Fénix Market.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fénix Market, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Fénix Market, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Fénix Market, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fénix Market, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Fénix Market is headquartered. You and Fénix Market consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at adrianzava003@gmail.com.
Our contact information is posted below:
[INSERT TRADING NAME]
adrianzava003@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] .1 These Terms of Service ("Terms") govern your access to and use of the Fénix Market website, including all content, products, and services offered through the site (collectively, the "Service"). By accessing or using any part of the Service, you agree to be bound by these Terms in their entirety. If you do not agree to all of the terms and conditions set forth herein, you may not access or use the Service.

1.2 Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically to remain informed of any updates.

1.3 By using this Service, you represent and warrant that you are at least eighteen (18) years of age, or that you are accessing the Service under the direct supervision and with the express consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Any use or access to the Service by anyone under the age of eighteen (18) without such consent is strictly prohibited and constitutes a violation of these Terms.

1.4 Any new features, tools, or resources added to the Service shall also be subject to these Terms. You may review the most current version of the Terms at any time on this page.

2. General Conditions / Store Policies

2.1 Fénix Market reserves the right to refuse service to any person for any reason at any time, without obligation to provide notice or explanation.

2.2 You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Fénix Market.

2.4 Fénix Market reserves the right, at its sole discretion, to modify, suspend, or discontinue the Service (or any part or content thereof) at any time, with or without notice, for any reason. Fénix Market shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

2.5 The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.

3. Products and Services

3.1 All products offered by Fénix Market are available exclusively through the online store. Products may have limited quantities and are subject to return or exchange only in accordance with the provisions set forth in Section 7 of these Terms.

3.2 We have made every effort to display the colors, dimensions, and details of our products as accurately as possible. However, we cannot guarantee that your computer monitor's or mobile device's display of any color, texture, or detail will be accurate. Product photographs are for illustrative purposes only, and actual products may vary in appearance from the images shown on the Service.

3.3 Fénix Market reserves the right, at its sole discretion, to limit the sales of products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

3.4 Fénix Market reserves the right to discontinue any product at any time without prior notice. All descriptions of products, including pricing, are subject to change at any time without notice, at the sole discretion of Fénix Market.

3.5 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

4. Accuracy of Information

4.1 While Fénix Market endeavors to ensure the accuracy of all information presented on the Service, we do not warrant that the information available on the site is accurate, complete, reliable, current, or error-free. The material on this site may occasionally contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.

4.2 Fénix Market reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service is inaccurate, at any time without prior notice, including after an order has been submitted.

4.3 We undertake no obligation to update, amend, or clarify information on the Service except as required by law. No specified update or refresh date applied to the Service should be taken to indicate that all information on the Service has been modified or updated.

5. Pricing and Payment

5.1 All prices displayed on the Service are listed in United States Dollars (USD) unless otherwise explicitly stated. Prices do not include applicable taxes, shipping fees, or handling charges, which shall be added to the total amount due at checkout.

5.2 Fénix Market reserves the right to change prices for products displayed on the Service at any time and without prior notice. Price changes shall not affect orders that have already been confirmed and for which payment has been received.

5.3 Payment must be made in full at the time of purchase. Orders will not be processed or shipped until full payment has been received and verified. Fénix Market reserves the right to cancel any order for which full payment has not been received.

5.4 We accept the following payment methods: major credit cards (Visa, Mastercard, American Express, Discover), debit cards, PayPal, Shopify Pay, Apple Pay, Google Pay, and such other methods as may be made available through the Service from time to time. Fénix Market reserves the right to modify accepted payment methods at its sole discretion.

5.5 Applicable sales tax will be charged and collected as required by law based on the shipping destination of your order. You are responsible for any additional taxes, duties, or fees imposed by your local jurisdiction.

5.6 In the event that a product is listed at an incorrect price due to a typographical error or systems error, Fénix Market shall have the right to refuse or cancel any order placed for such product, regardless of whether the order has been confirmed or payment has been charged. If payment has already been charged for such an order, Fénix Market will issue a full refund of the amount charged.

6. Shipping and Delivery

6.1 Shipping and delivery times displayed on the Service are estimates only and are not guaranteed. Actual delivery times may vary depending on the shipping method selected, the destination, carrier schedules, and other factors outside of our control.

6.2 Fénix Market shall not be liable for any delays in shipping or delivery caused by events beyond our reasonable control, including but not limited to delays by shipping carriers, customs processing, adverse weather conditions, natural disasters, pandemics, government actions, or labor disputes.

6.3 Risk of loss and title for all products purchased through the Service pass to you upon delivery of the products to the shipping carrier. Once the carrier has taken possession of the products, Fénix Market is not responsible for any damage, loss, or theft that occurs during transit.

6.4 For international orders, the buyer is solely responsible for all customs duties, import taxes, brokerage fees, and any other charges imposed by the destination country. Fénix Market has no control over these charges and cannot predict their amount. We recommend that you contact your local customs office for further information before placing an international order.

6.5 It is the buyer's responsibility to provide accurate and complete shipping information. Fénix Market is not responsible for orders that are delayed, returned, or lost due to incorrect or incomplete shipping information provided by the buyer.

7. Returns and Refunds

7.1 Fénix Market offers a thirty (30) day return window from the date of delivery. To be eligible for a return, items must be unused, unopened, and in their original packaging with all tags, labels, and accessories intact.

7.2 All returned items must be in their original, undamaged condition. Items that show signs of use, wear, damage, alteration, or that are missing original packaging or components may be refused, and the return may be denied at our sole discretion.

7.3 The buyer is responsible for all return shipping costs, including postage, insurance, and tracking, unless the return is due to a defective product or an error on the part of Fénix Market. In such cases, Fénix Market will provide a prepaid return shipping label or reimburse reasonable return shipping costs.

7.4 Refunds will be processed within five (5) to ten (10) business days after the returned item has been received and inspected by Fénix Market. Refunds will be credited to the original method of payment. Please note that your bank or credit card company may require additional time to process and post the refund to your account.

7.5 The following items are non-returnable and are excluded from our return policy:

• Items purchased on sale or at a discounted price;
• Gift cards;
• Perishable goods (such as food, flowers, or similar items);
• Downloadable software or digital products;
• Health and personal care items; and
• Any items explicitly marked as "Final Sale" or "Non-Returnable" at the time of purchase.

7.6 Fénix Market reserves the right to refuse a return or issue a partial refund if the returned product does not meet the conditions outlined in this section.

8. Warranties and Disclaimers

8.1 ALL PRODUCTS AND SERVICES PROVIDED THROUGH THE SERVICE ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

8.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FÉNIX MARKET EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

8.3 Fénix Market does not warrant or guarantee that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Service will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained through the Service will meet your expectations; or (e) any errors in the Service will be corrected.

8.4 No advice or information, whether oral or written, obtained by you from Fénix Market or through the Service shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

9.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FÉNIX MARKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FÉNIX MARKET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9.2 In no event shall the total aggregate liability of Fénix Market for all claims arising out of or relating to the use of the Service or any product purchased through the Service exceed the amount actually paid by you to Fénix Market for the specific product or service giving rise to the claim during the twelve (12) months preceding the event giving rise to such liability.

9.3 The limitations of liability set forth in this Section 9 shall apply to the fullest extent permitted by law in the applicable jurisdiction, even if any remedy specified in these Terms is deemed to have failed of its essential purpose.

10. Indemnification

10.1 You agree to indemnify, defend, and hold harmless Fénix Market and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Service; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any claim that your use of the Service caused damage to a third party.

10.2 This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Service.

11. Prohibited Uses

11.1 In addition to other prohibitions set forth in these Terms, you are prohibited from using the Service or its content for any of the following purposes:

• For any unlawful purpose or to solicit the performance of any illegal activity;
• To violate any international, federal, provincial, state, or local regulation, rule, law, or ordinance;
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any individual or group;
• To submit false or misleading information, or to engage in any form of fraud or deception;
• To upload or transmit viruses, malware, trojan horses, worms, or any other malicious or destructive code;
• To collect or track the personal information of others without their consent;
• To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
• To attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service;
• To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
• To infringe upon or violate the intellectual property rights of Fénix Market or any third party;
• To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
• For any obscene or immoral purpose, or for any purpose that Fénix Market, in its sole discretion, deems objectionable.

11.2 Fénix Market reserves the right to terminate your use of the Service for violating any of the prohibited uses set forth herein, without prior notice and without liability.

12. Intellectual Property

12.1 All content, materials, and elements available on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, trademarks, trade names, service marks, and trade dress (collectively, "Intellectual Property"), are the exclusive property of Fénix Market or its content suppliers and are protected by applicable United States and international copyright, trademark, patent, and other intellectual property laws.

12.2 You may not use, reproduce, modify, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any Intellectual Property found on or through the Service without the express prior written permission of Fénix Market.

12.3 Any unauthorized use of the Intellectual Property may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes, and may give rise to civil and criminal liability.

13. Third-Party Links

13.1 The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Fénix Market. Such links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by Fénix Market of any third-party website, service, or resource, or of any content, products, or services available through such third-party sites.

13.2 Fénix Market has no control over, and assumes no responsibility for, the content, privacy policies, practices, availability, or accuracy of any third-party websites or services. You acknowledge and agree that Fénix Market shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.

13.3 We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

14. User Comments and Feedback

14.1 If, at our request or without a request from us, you send or submit comments, suggestions, ideas, proposals, creative concepts, feedback, reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Submissions"), you agree that Fénix Market may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Submissions that you forward to us. Fénix Market is and shall be under no obligation to: (a) maintain any Submissions in confidence; (b) pay compensation for any Submissions; or (c) respond to any Submissions.

14.2 You are solely responsible for the accuracy, completeness, and legality of any Submissions you provide. You represent and warrant that your Submissions do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and do not contain defamatory, unlawful, abusive, or obscene material.

14.3 Fénix Market reserves the right, but is not obligated, to monitor, edit, or remove any Submissions that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, or otherwise objectionable, or that violate any party's intellectual property or these Terms.

15. Privacy

15.1 Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy, available on our website, to understand our practices regarding the collection, use, and disclosure of your personal information.

15.2 By using the Service, you consent to the collection and use of your personal information as described in our Privacy Policy. You acknowledge that internet transmissions are never entirely private or secure, and you understand that any message or information you send through the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

16. Governing Law and Dispute Resolution

16.1 These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles.

16.2 Any legal action, suit, or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the federal or state courts located in Dallas County, Texas. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue or inconvenient forum.

16.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.

16.4 Waiver. The failure of Fénix Market to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Fénix Market.

16.5 Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or policies published by Fénix Market on the Service, constitute the entire agreement between you and Fénix Market concerning the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Fénix Market.

17. Changes to Terms of Service

17.1 Fénix Market reserves the right, at its sole discretion, to update, change, modify, or replace any part of these Terms by posting updates and changes to the Service. It is your responsibility to check the Service periodically for changes.

17.2 Changes to these Terms shall be effective immediately upon being posted on the Service. The date of the most recent revision will be indicated at the top of this page by the "Effective Date."

17.3 Your continued use of or access to the Service following the posting of any changes to these Terms constitutes your binding acceptance of those changes. If you do not agree with any changes made to these Terms, you must discontinue your use of the Service immediately.

18. Contact Information

18.1 Questions, concerns, or inquiries regarding these Terms of Service should be directed to Fénix Market using the following contact information:

Fénix Market

Email: [support@fenixmarket.com]

Phone: [+1 (215) 580-0646]

Mailing Address: [Street Address, Dallas, TX 6214, United States]

18.2 We encourage you to contact us if you have any questions or concerns about these Terms of Service. We are committed to addressing your inquiries in a timely and professional manner.