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Terms of service

OVERVIEW

  • This website is operated by Odin & Faye. Throughout the site, the terms “we”, “us” and “our” refer to Odin & Faye. Odin & Faye offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
  • By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
  • Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
  • Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The Dispute Resolution section of these terms contains a binding arbitration agreement and class action waiver that waives your right to a court hearing or jury trial.

  • By purchasing merchandise, gift cards, and/or e-gift cards from the Odin & Faye (O&F) Website, you agree to be bound by the following terms and conditions ("Sale Terms"), including the Dispute Resolution provision found below with its arbitration agreement and jury trial and class action waivers. Any of the following situations may be referred to as an order that was purchased from the O&F Website: (i) you placed an order via odinfaye.com (desktop or mobile); (ii) you placed an order via the O&F mobile app; (iii) you placed an order via an O&F alternate website; or (iv) you placed an order via the telephone.
  • The current version of the Sale Terms is available at odinfaye.com. Because the Sale Terms are subject to change at any moment, please review and save a copy of the Sale Terms prior to placing your order. If you have questions in regards to these Sale Terms and/or any aspect of your order, then please contact the O&F Customer Service Department by email at support@odinfaye.com or by telephone at +1-212-796-0553.

ONLINE STORE TERMS

  • 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, or that you are 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 this site.
  • You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

  • We reserve the right to refuse service to anyone for any reason at any time.
  • You understand that your content (not including credit card information), may be transferred unencrypted and 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.
  • 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 or any contact on the website through which the service is provided, without express written permission by us.
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  • We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
  • This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

  • Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  • We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
  • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

  • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  • For more detail, please review our Returns Policy.

OPTIONAL TOOLS

  • We may provide you with access to third-party tools over 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 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

  • Certain content, products and services available via our Service may include materials from third-parties.
  • Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  • If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
    1. to maintain any comments in confidence;
    2. to pay compensation for any comments; or
    3. to respond to any comments.
  • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

  • Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  • We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to 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 Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free
  • We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  • You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  • You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
  • In no case shall Odin & Faye, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Odin & Faye and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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.

TERMINATION

  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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 govern 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.

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 laws of United States.

CHANGES TO TERMS OF SERVICE

  • You can review the most current version of the Terms of Service at any time at this page.
  • We reserve the right, at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@odinfaye.com.

Sales Terms and Conditions

Order and Acceptance

  • Each part of an order that you submit to O&F constitutes an offer to make a purchase. If you have placed your order through the O&F Website, then, after O&F receives your order, you will receive an email from O&F confirming receipt of your order (usually in minutes). If you do not receive an email from O&F confirming receipt of an order that you placed, please contact the O&F Customer Service Department at the contact information provided above before you attempt resubmit for the same order. Please note that O&F's confirmation of receipt of your order does not equate to O&F's acceptance of your order.
  • O&F is not deemed to have accepted any part of your order until the requested item(s) has/have been shipped and O&F has sent a Shipment Confirmation Email. You may track the progress of your order via your account or the supplied order tracking page.
  • If O&F rejects your order due to an error in pricing and/or other information, then O&F will notify you at the email address that you have provided. Once the error has been corrected, O&F will ask you whether or not you would like to re-submit your order. If O&F has notified you that your order has been accepted by sending you a Shipment Confirmation Email then you will not be required to pay a price that is greater than the order total that is listed in the email. If O&F has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the O&F Website at the time at which you placed your order), then you may request a return or an exchange. For additional details, please review the O&F Returns Policy.

Although it is unlikely that O&F would refuse to accept an order, O&F reserves the right to deny any order for any reason, including where the following situations arise:

Product and Pricing Information or Changes

O&F strives to provide the most accurate and up-to-date representations of our products on our Website. We take reasonable steps to ensure that pricing, product descriptions, promotions, offers, availability, and other aspects not enumerated are correct at the time the relevant information is entered into the system. However, occasionally, our Website may contain typographical errors, inaccuracies, or omissions that may relate to pricing, and other aspects of products. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any product information is incorrect at any time without prior notice. This includes the right to cancel your order after it has been submitted if there are any inaccuracies on our Website. If this occurs, then O&F will contact you so that you are aware of the situation. If you believe your order has been cancelled by mistake, please contact O&F by email at support@odinfaye.com.

Error(s) in Billing, Payment, and/or Shipping Information

Some orders cannot be processed due to erroneous information that you have provided, which includes, but is not limited to:

  • Incorrect credit card or debit card number, expiration date, and/or security value.
  • Other incorrect information regarding payment types.
  • Incorrect billing information (e.g. when you provide billing information that is inconsistent with the billing information that your financial institution has on record).
  • Insufficient or incorrect information regarding your shipping address (e.g. street address, city, state, zip or postal code, etc.).
  • Suspected fraudulent information.

Delayed Shipment or Unavailability of Merchandise

If an item of merchandise is delayed out of the O&F fulfillment center or becomes unavailable, then O&F may cancel the order. If this occurs, then O&F will contact you so that you are aware of the situation.

Reshipping of Merchandise

O&F's policies do not allow merchandise to be reshipped in any way. Any order that is being shipped to a "Freight Forwarding Company" will not be accepted. A complete listing of countries to which O&F ships can be accessed on the Shipping & Handling page.

Resale of Merchandise

O&F is a private label brand. In order to protect O&F's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. O&F will not accept any order that is deemed to possess characteristics of reselling. O&F reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.

Previous Fraudulent Order History

O&F may refuse to accept any order if fraudulent activity is suspected. O&F may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders. O&F may refuse any order that is connected with a previous credit card dispute.

Custom and Personalized Products

Custom and personalized product sales are final and are not eligible for returns, exchanges, cancellations or alterations. Custom and personalized products include, but are not limited to, products that are printed, embroidered, embellished, or personalized with a photograph at the customer's request. If you are unsure whether a product is custom or personalized, please contact the O&F Customer Service Department before placing the order.

Engagement With O&F and Affiliates

O&F (the "Company") reserves the right to block from receiving marketing communications and/or the right to remove and/or unsubscribe from all Company platforms any email address, phone number, and/or mailing address that is associated with a customer who has been determined by the Company to possess characteristics of reselling and/or a customer order that has been determined by the Company to be fraudulent. Company platforms affected by such removal and/or unsubscribing include, but are not limited to: (i) any of the Company's online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; and/or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing and/or registering for each of the aforementioned platforms in the future.

Returns and Exchanges

If you are not satisfied with your purchase made on the O&F Website or App, contact us to initiate a return or exchange subject to the following terms:

  • To receive a full refund to the original payment method, merchandise must be returned within 30 days of the order shipment date. If there are multiple shipments in an order, then merchandise must be returned within 30 days from the date of the last shipment. The 30-day return period will be applied to the different return methods as follows:

    • Return using our online returns and exchanges process: return must be initiated within 30 days of the receipt date.
    • Return outside of the online returns and exchanges process: merchandise must be received by the Odin & Faye Returns Department within 30 days of the ship date following the return approval process.

  • Custom and personalized product sales are final and are not eligible for returns, exchanges, cancellations or alterations. Custom and personalized products include, but are not limited to, products that are printed, embroidered, embellished, or personalized with a photograph at the customer's request. If you are unsure whether a product is custom or personalized, please contact the O&F Customer Service Department before placing the order.
  • To return or exchange your merchandise online, send an email to support@odinfaye.com with the details of your order and reason for return.  Upon submitting your request, you will receive further instructions regarding . your return.  If instructed, return your merchandise at your expense with appropriate insurance to the address provided.  Your refund or exchange will be processed as soon as Odin & Faye has confirmed receipt of your return.
  • Merchandise purchased in store is subject to the store's return policy.

For mail correspondence you may contact:

Odin & Faye Returns Department
PO Box 624
Ridgefield, CT 06877
USA

If you are exchanging, be sure to include the Full Item Name, Size and Color for each new item on the original invoice. Please note that merchandise may not be in stock.

Once we process your return, you will receive an email notification regarding your refund.

Exchanges not submitted online and sent to the returns department address listed above without prior approval, may be rejected.  Merchandise that is in stock may not equate to an even exchange and there may be a price difference. Any difference in pricing for an exchange will be placed back on the credit card and/or a new merchandise credit may be issued.

Merchandise must be returned in its original individual packaging where applicable.

To qualify for a refund refund any merchandise must be in resalable condition with a copy of your original invoice to the original payment method or order confirmation to the original payment method (excludes PayPal). 

Quality of Your Merchandise

If you believe that your O&F merchandise is faulty, damaged, or does not correspond to its description on our Website, contact us by email at support@odinfaye.com call us at +1-212-796-0553.


Customer Initiated Order Cancellations and Changes

You may make changes to or cancel your order at any time prior to the packing of your order in the O&F Distribution Center. To make changes to or cancel your order, please contact the O&F Customer Service Department by email at support@odinfaye.com or by telephone at +1-212-796-0553.

If you placed your order via the O&F Website and your order has already been packed, then you may request a return or an exchange.  You must initiate a return to O&F in accordance with the O&F Returns and Exchanges Policy.  All sales of Gift Cards and E-Gift Cards are final.

Merchandise on Backorder

Merchandise on backorder is temporarily out of stock. If O&F is unable to ship any merchandise on backorder seven (7) days from the date on which the item backorder email was issued, then O&F will notify you at the email address that you have provided. if there are multiple items in your order you may receive multiple shipments.  You will not be charged additional shipping to receive the backordered items.  All items in an order will be shipped via the shipping service type that you selected when placing your order. The status of a backordered item will remain open in an order until: (i) the merchandise is in stock, O&F has taken payment, and O&F has shipped the merchandise; (ii) O&F has contacted you to inform you that an item has been cancelled; or (iii) you contact O&F for the purpose of making a change to or cancelling your order.

Prices and Payments

O&F may vary the price of its merchandise at any time. After O&F has accepted an order, O&F will not alter the price.

Payments by Credit Card

When you pay for an order using a credit card, O&F reserves the right to request additional evidence of your billing information. Please note that all payments with a debit card may be processed in the form of credit. The charge for your order will appear on your credit card statement as "ODINFAYE.COM", "ODIN & FAYE", or "ODINFAYE".  If you contest the validity and/or the amount of a charge pertaining to an order from O&F and you believe it to be fraudulent, then please contact O&F by email at support@odinfaye.com.

O&F will fully prosecute any fraudulent activity pertaining to the reversal of a valid charge for an order filled and delivered to the customer. In the event that your order has been cancelled, any "authorization hold" will drop off of your account within three (3) to five (5) business days.

Delivery

The charges for shipping and handling will depend on the value of your order, the country to which the merchandise is being shipped, and the delivery date that you requested. You may access a list of O&F's shipping and handling charges and O&F's terms of delivery on the Shipping & Handling page.


Dispute Resolution

  1. Arbitration.
    • Any Dispute between You and O&F shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.

  2. Definitions.
    • This arbitration provision shall be interpreted broadly. "Dispute" means any claim or controversy between You and O&F, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. "Dispute" does not, however, include any issues arising from or relating to the suitability to arbitrate any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision. "You" means the person who made a purchase from O&F in any manner including but not limited to a store, online or through the O&F mobile app. "O&F" means Odin & Faye, and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, vendors and independent contractors, and each of their officers, directors, employees and agents.

  3. Right to Sue in Small Claims Court.
    • Notwithstanding anything in this arbitration provision to the contrary, either You or O&F may bring an individual action in small claims court if the amount claimed is within the jurisdiction of that court.

  4. Right to Enjoin Intellectual Property Misuse.
    • Notwithstanding anything in this arbitration provision to the contrary, O&F may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.

  5. Right to Reject Future Changes to this Arbitration Provision.
    • You may reject future changes to this arbitration provision by sending O&F written notice by certified mail postmarked no later than thirty (30) days after Your first receipt of notice of the change to Odin & Faye, PO Box 624, Ridgefield, CT 06877, Attention: Legal Department. Your decision will not adversely affect Your relationship with or service from O&F. If You previously notified O&F of Your decision, You need not do so again.

  6. Procedures for Arbitration.
    • This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (collectively the "AAA Rules") as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, You and O&F will agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless You and O&F agree otherwise, any arbitration hearing will take place in the county where You reside. The arbitrator will issue a reasoned written decision that explains the essential findings and conclusions. The arbitrator's award may be entered in any court of appropriate jurisdiction.

  7. Right to Arbitral Fees and Costs.
    • The payment of the AAA's fees and costs will be governed by the AAA Rules. If the arbitrator finds that Your Dispute was frivolous or brought for an improper purpose, the payment of the AAA's fees and costs will be governed by the AAA Rules and You will reimburse O&F for all fees and costs that were Your obligation to pay under the AAA Rules.

  8. Right to Attorneys' Fees and Costs.
    • You may hire an attorney to represent You. You are responsible for Your attorneys' fees and costs. You may recover them from O&F to the same extent as in court.

  9. Waiver of Jury Trials.

    • Disputes in arbitrations and small claims court are resolved without a jury trial. Whether in arbitration or court, you and O&F waive the right to a jury trial.

  10. Waiver of Class Actions.

    • Whether in arbitration or court, you and O&F waive the right to prosecute or participate in class action, collective action, or other representative action. You and O&F may seek relief only on behalf of themselves and only to the extent necessary to remedy their individual claims. This class action waiver is a material and essential part of and cannot be severed from this arbitration provision.

  11. Survival.
    • This arbitration provision shall survive the cancellation or expiration of the Agreement.

Limitation of Liability

  1. For purposes of this limitation of liability provision, "O&F" includes not only  Odin & Faye but also its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective officers, directors, employees and agents.

  2. You waive the ability to assert a claim against O&F more than one (1) year after the first event or fact that gives rise to the claim.

  3. In no event shall O&F be liable to you or to any third party for any indirect, incidental, or consequential damages (including but not limited to lost profits or business opportunities), regardless of the legal theory, regardless of whether such damages were foreseeable, and regardless of whether O&F was advised of the possibility of such damages.

  4. Notwithstanding the foregoing, these limitations of liability shall not apply to injuries: (1) to the body or person; or (2) caused by O&F's willful, malicious, reckless, or grossly negligent acts or omissions.

  5. These limitations of liability shall survive the termination of this agreement. Because the law regarding limitations of liability varies from state to state, these limitations of liability may not apply to you. Notice to New Jersey consumers: these limitations of liability apply in New Jersey.

Additional Terms and Resources

If you have ordered merchandise via the O&F Website, then your use of the O&F Website is subject to the Terms of Service. Any personally identifiable information that you provide to O&F via the O&F Website is subject to the Privacy Policy.

O&F is located, and controls the O&F Website, from its offices located in the State of Connecticut. These Sale Terms shall be governed by the laws of the State of Connecticut, without giving effect to its conflict of laws provisions. These Sale Terms are not enforceable by any party other than O&F and its customers. If any provision of these Sale Terms is determined to not be enforceable, then that particular term will be deleted and all other terms will remain.