Terms and Conditions

1. Introduction

Welcome to the Foberry LLC website (www.foberry.com) (the "Site", “website”). By accessing or using this Site, you agree to comply with these Terms and Conditions. If you do not agree, please refrain from using the Site. The terms "you," "your," and "yours" refer to all users of the Site, while "Foberry LLC," "we," "us," and "our" refer to Foberry LLC, a company registered in Wyoming, USA.

2. Company Information

Foberry LLC is located at 312 W 2nd Street Unit A 2847, Casper, Wyoming 82601, USA. Our production facility operates out of Lahore, Punjab, Pakistan.

2.1 Intellectual Property Rights

All content on this site including text, images, logos, and software is protected by U.S. and international copyright and trademark laws. You may not reproduce, modify, distribute, or display any content from the site without prior written consent from Foberry LLC, except for personal, and non-commercial use.

2.2 Trademarks

All trademarks and service marks displayed on the site are the property of Foberry LLC. Unauthorized use of any trademarks is prohibited and may result in legal action.

3. Site Access

You are granted a limited, non-exclusive, revocable license to access and use the Site for personal purposes. You may not download (other than page caching) or modify the site without our written consent. Any commercial use, including data mining or collection, is strictly prohibited.

1. User Accounts and User Content

If you create an account on our site, you are responsible for maintaining the confidentiality of your account information and password. By submitting content (such as reviews, comments, or photos) to the site, you grant Foberry LLC a non-exclusive, worldwide, perpetual license to use, display, and distribute that content.

You represent and warrant that you own the rights to any User Content you submit and that it does not infringe on any third-party rights. Avoid sharing any personal information in your submissions.

4. Limitation of Liability

Foberry LLC is not liable for any direct, indirect, incidental, or consequential damages resulting from your use of the site. We do not guarantee that the content is accurate, complete, or reliable, and you use the site at your own risk.

5. Dispute Resolution

Any disputes arising from these Terms and Conditions or your use of the Site will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any rights to a jury trial or to participate in class actions.

6. Governing Law

These Terms and Conditions are governed by the laws of the State of Wyoming, USA. By using the site, you consent to the jurisdiction of the state and federal courts located in Wyoming.

7. Contact Information

For questions or concerns regarding these Terms and Conditions, please contact us at:

Email: hello@foberry.com

Phone/Whatsapp: +1 (307) 225-5608

8. User Content and Account

When using the Foberry website (www.foberry.com), you are responsible for keeping your password secure and managing access to your account. You can submit various forms of content, referred to as "User Content," including messages, reviews, and photos. While you retain copyright over your User Content, you grant Foberry a broad license to use it as needed for site operations, including displaying, publishing, and providing personalized suggestions.

By submitting User Content, you confirm that you own the rights to it or have obtained the necessary permissions. You also ensure that your content does not infringe on others' rights and is not objectionable or inappropriate. User Content will be treated as non-confidential, and you should avoid sharing any personally identifiable information.

Foberry reserves the right to modify or remove User Content at its discretion without notice or liability. Additionally, it may disclose content to comply with legal obligations. By sharing content, you allow Foberry to use it for various purposes, including improving site services and meeting legal requirements. Always be mindful of what you share.

9. Export Control Compliance

Users of the Foberry website must comply with U.S. export control laws regulating the export and re-export of technology and information originating in the United States. This includes any electronic transmission of software, information, or technology to foreign countries or specific foreign nationals. By accessing the site, you agree to adhere to these regulations, understanding that failure to comply may result in legal consequences, including fines.

10. Third-Party Links Disclaimer

Foberry provides links to third-party websites for convenience and informational purposes. However, we do not control these external sites and are not responsible for their content, accuracy, or reliability. Accessing these links is done at your own risk, and Foberry disclaims any liability for damages or losses incurred from such access. A link does not imply endorsement of the linked site or its content.

10.1 Non-Endorsement of Third-Party Products

References to third-party products or services on the Foberry site should not be construed as endorsements. Foberry does not guarantee the reliability or effectiveness of any third-party offerings mentioned. This non-endorsement is a key aspect of our policy to clearly delineate our position regarding external content.

10.2 Disclaimers and Limitations of Liability

Foberry LLC provides its website, content, and services on an "AS IS" and "as available" basis. We do not guarantee that your access to the website will be uninterrupted, secure, or error-free. Foberry LLC makes no representations regarding the accuracy, reliability, or completeness of any content provided on the site. Additionally, we do not guarantee that the content is appropriate for use outside the United States, and we specifically disclaim any implied warranties, including those related to merchantability or fitness for a specific purpose. Your access and use of the site are entirely at your own risk.

11. Online Conduct

You agree to engage in lawful activities only while using our site. You are strictly prohibited from posting or transmitting any content that is unlawful or harmful. This includes, but is not limited to, material that is abusive, harassing, vulgar, obscene, sexually explicit, hateful, threatening or racially or ethnically offensive. Additionally, you must not share content that promotes fraudulent activities or engages in conduct that could lead to criminal offenses or civil liabilities, or that violates any applicable laws at local, state, federal, or international levels.

In the event that we receive notifications or have reasonable suspicions regarding any content you provided through author chats or online reviews that may infringe upon rights, be defamatory, or otherwise deemed illegal or offensive, we reserve the right to investigate such allegations. While we are not obligated to do so, we may determine, at our sole discretion, whether to remove or request the removal of any such content from the site. We may disclose any content or user communications to U.S. governing institutions, courts, and departments in the mentioned situations: to comply with applicable laws or government requests, to ensure the proper functioning of the site, or to safeguard the rights and property of Foberry LLC, our stakeholders, our users, customers, or yourself. This policy is intended to maintain a safe and respectful online environment for all users.

12. Fraudulent Activity and Termination of Usage

Foberry LLC takes fraudulent activity very seriously, particularly in relation to gift cards and certificates. If we determine that a gift card or a direct purchase was obtained using a fraudulent credit card or through any unlawful means, we reserve the right to cancel that purchase and any associated orders. To protect yourself from potential fraud, we strongly advise that you purchase gift cards exclusively through our official website, https://foberry.com.

Furthermore, we maintain the authority to terminate or suspend your access to the site and your account at any time, without prior notice. This may occur if we believe, at our sole discretion, that your conduct violates applicable laws, breaches our Terms and Conditions, or poses a risk to the interests of other users, associates, or Foberry LLC itself. We also reserve the right to decline any order from any customer at our discretion, ensuring that our platform remains secure and trustworthy for all users.

13. Minors

The Foberry LLC website is not designed for individuals who are minors, generally defined as those under the age of 18, although this may vary by jurisdiction. By using this site whether through registration, making a purchase, or providing any information you confirm that you are legally capable of entering into a binding contract. This typically means you must be at least 18 years old. If you are under this age, you must have explicit permission from a parent or guardian to engage in activities on the site.

To ensure compliance with these regulations, we require that all purchases be made either by individuals who are not minors and possess the legal capacity to enter into contracts (generally 18 years or older) or by minors who have obtained the necessary consent from a parent or guardian. Any information submitted to us must be accurate and not misleading, reflecting the legal capacity of the individual making the transaction.

14. Disputes - Arbitration and Legal Actions

This section is crucial, as it outlines your rights regarding dispute resolution and significantly impacts your legal remedies. It includes a waiver of class actions and limits your right to a jury trial.

If you access the Foberry LLC website from the United States, any disputes related to your use of the site, these Terms and Conditions, our Privacy Policy, our advertising practices, or any products purchased through the site must be resolved through confidential and binding arbitration in Wyoming, USA. However, if you violate or threaten to violate Foberry LLC's intellectual property rights, the company may pursue legal action in a state or federal court in Wyoming, to which you agree to submit.

Arbitration will be conducted following the rules established by the American Arbitration Association at the time of the arbitration. The arbitrator's decision will be final and can be enforced as a judgment in any court that has appropriate jurisdiction. Importantly, under this Agreement, no arbitration may be combined with any arbitration involving other parties. This restriction applies to class arbitration proceedings as well.

All claims must be presented individually, meaning you cannot initiate or participate in any class action, collective action, private attorney general action, or any other representative proceeding. This waiver includes class arbitration, and unless otherwise agreed upon, the arbitrator will not consolidate claims from multiple individuals. By agreeing to these terms, both you and Foberry LLC waive your rights to a jury trial and to participate in any form of class or representative actions.

15. Order Placement, Confirmations and Processing

To place an order through the website, begin by selecting the desired products and proceeding to checkout. After completing your order, you will receive an email acknowledging receipt of your order, referred to as the "Order Confirmation." However, this confirmation does not indicate that your order has been accepted and sent for processing. Your order represents an offer to purchase a product, which is subject to our acceptance.

Once we accept your order, you will receive an email, call, or WhatsApp/SMS from our Customer Service Team which will confirm your selected size, and assist you with the exact size selection. In case of no reply from your side, your order will be held with us until you have confirmed the exact size. Foberry LLC specializes in bespoke/custom made garments and we manage over 20+ sizes and that’s why the size confirmation is the essential part of the order before which we are unable to send you the order. If you are not able to confirm and clear your sizes in 10 business days since your order placement, Foberry may no longer hold the garment for you in some cases and the fabric may go out of stock. In such cases, you will not be eligible to get the refund but you will be issued a voucher through which you can make any purchase for the same amount in future or simply you can select another fabric/garment for the same order on our website. 

Once your size is confirmed, then your order is sent for processing. Processing takes 2-3 business days and then we will send you a "Shipping Confirmation" email, which confirms that your order has been processed and shipped. At this point, a contract is established between you and us, but only for the products specified in the Shipping Confirmation. Any additional products included in your initial order, but not confirmed for shipment, are not part of the contract.

We reserve the right to cancel your order at any time prior to acceptance. Additionally, if there is a clear pricing error or if the product is no longer available from us or our fulfillment provider, we may rescind our acceptance, cancel your order, and refund your order amount. 

16 Pricing Adjustments

The prices listed on our website are subject to change at any time without prior notice. While we strive for accuracy, errors may occur. In the event of a pricing error, we will promptly correct it as determined. If a product's correct price is lower than the price shown when you placed your order, we will gladly charge you the lower price upon dispatch. Conversely, if the correct price is higher, we will reach out to you for further instructions or, if necessary, cancel your order and inform you accordingly. Please understand that we are not obligated to fulfill an order at an incorrect (lower) price if the error is clear and could reasonably be identified as such.

17 Product Availability and Inventory

Due to high demand, certain products may sell out quickly. There might be instances where you successfully add an item to your shopping cart and submit your order, only to later discover that the product is no longer available. We kindly ask for your understanding that we may need to cancel your order without penalty in such situations, even if you have received an Order Confirmation.

Due to high order flux, there may be times when you receive an email or notification confirming that your order has been accepted. However, it’s possible that the product you ordered is actually not available in stock, either in the company’s inventory or from their suppliers, or any of the products may be damaged during the order processing and are not fit for dispatch. In such cases we reserve the right to cancel your order, even after you’ve received that confirmation, without facing any penalties. We will inform you as soon as possible if this situation occurs, so you're aware that your order has been canceled.

18. Shipping and Delivery

Shipping refers to the process of sending items from your order, which can include:

1. Multiple different products.
2. Several quantities of the same product.
3. A single product with multiple components that may require separate packaging.

We strive to send all packages together for your convenience. However, if that’s not possible, we will ship items as they become available. You will receive a notification as soon as we ship the item, but this may only apply to part of your order, not all items at once. Each package will have its own tracking number, which you can track on the Order Status page at our website.

At Foberry, we prioritize timely delivery and are committed to ensuring your orders reach you as soon as possible. Once your order is confirmed (including size confirmation) and processed, it will typically take 7 to 15 business days for delivery within the United States, however some states, and areas may take longer time for delivery. All orders are shipped from Lahore, Punjab, Pakistan via DHL. In case of no delivery delivery date mentioned, it make take longer than usual (18-30 business days)