Welcome to Fiducia Collections. These Terms of Service ("Terms") outline the rules and regulations that govern your use of our services. By accessing or using our website, purchasing products, or interacting with any part of our services, you agree to be bound by these Terms. Please read them carefully, as they form a legally binding contract between you and Fiducia Collections.
These Terms include a mandatory arbitration agreement and a waiver of the right to participate in a class action lawsuit. Please review these sections carefully in the “Dispute Resolution and Arbitration Agreement” section below.
Fiducia Collections provides its services, including the Fiducia Collections website ("Site"), subject to your acceptance of these Terms. By using our Site or any of our services, you agree to comply with and be legally bound by these Terms. If you do not agree with any part of these Terms, please discontinue your use of our services immediately.
We reserve the right to update, change, or replace any part of these Terms at our discretion. Any changes will be effective upon posting on the Site. Continued use of the Site after changes are posted constitutes your acceptance of those changes.
By using our Site, you confirm that you are at least 16 years old or are accessing the services under the supervision of a parent or guardian. We grant you a limited, non-exclusive, non-transferable license to use our Site and services solely for personal, non-commercial purposes, unless otherwise agreed upon in writing.
You agree not to engage in any of the following prohibited activities:
We reserve the right to restrict or terminate your access to our services at any time, for any reason, without notice.
While we strive to provide accurate and up-to-date information, errors may occasionally occur. Fiducia Collections does not guarantee the accuracy, completeness, or timeliness of any information on the Site. We reserve the right to correct any inaccuracies and are not liable for any reliance you place on the information provided.
All content on our Site, including text, images, graphics, and software, is the property of Fiducia Collections or its licensors and is protected by copyright and other intellectual property laws. You may use this content only as expressly authorized by us. Unauthorized use may violate copyright, trademark, and other laws.
All orders placed through our Site are subject to acceptance by Fiducia Collections. We reserve the right to refuse or cancel any order, even after it has been confirmed. Products purchased from our Site are for personal use only and may not be resold. Prices and availability are subject to change without notice, and we are not responsible for any typographical or pricing errors.
We reserve the right to modify or discontinue any service or product at any time, without notice. We are not liable for any changes, price adjustments, or service interruptions.
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
We may provide access to third-party tools that we do not control or manage. These tools are provided "as is" without warranties or guarantees. Your use of these tools is at your own risk, and you should review the terms provided by the third-party providers.
Fiducia Collections reserves the right to update these Terms at any time. We will notify you of any significant changes, but it is your responsibility to review these Terms regularly. Your continued use of our services after any changes signifies your acceptance of the updated Terms.
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:
You understand and agree that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfill our obligations under the Terms despite the Force Majeure.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. FIDUCIA COLLECTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIDUCIA COLLECTIONS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. FIDUCIA COLLECTIONS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
12.1 PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF FIDUCIA COLLECTIONS TO YOU. YOU HEREBY AGREE THAT:
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FIDUCIA COLLECTIONS NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, FIDUCIA COLLECTIONS’ REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FIDUCIA COLLECTIONS, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FIDUCIA COLLECTIONS NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FIDUCIA COLLECTIONS IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND FIDUCIA COLLECTIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12.2 For residents of the European Union, the United Kingdom, Switzerland, and any other country in the European Economic Area, please read the following items carefully:
Notwithstanding anything to the contrary in the foregoing:
You agree to indemnify, defend, and hold harmless Fiducia Collections and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Fiducia Collections reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Fiducia Collections in the defense of such matter.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
14.1 Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any dispute relating to these Terms, you agree to first contact us at fiduciacollections@gmail.com and attempt to resolve the dispute with us informally. Your notice of dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The notice of dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. The parties shall use their best efforts to settle any dispute by negotiation. If the dispute is not resolved within 60 days after the date of receipt of notice, the parties shall submit the dispute to final and binding arbitration.
14.2 Binding Arbitration. Any dispute that is not resolved informally as described above shall be settled by binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) and will be governed by the AAA’s Consumer Arbitration Rules, as amended by this Section. The arbitration will be conducted before a single arbitrator who is a lawyer experienced in commercial law and who is selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator, the AAA will select one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All arbitration hearings will be conducted in English. You and Fiducia Collections agree that arbitration will be conducted on an individual basis only and not as a class, consolidated, or representative action. The arbitrator shall have no authority to award punitive damages.
14.3 No Class Actions. You and Fiducia Collections agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If any court or arbitrator determines that the class action waiver is unenforceable or that an arbitration proceeding should proceed on a class basis, the dispute will not be subject to arbitration and will be resolved in a court of competent jurisdiction.
14.4 Jurisdiction and Venue. For disputes not subject to arbitration or where arbitration is found to be unenforceable, you agree to submit to the personal jurisdiction of the state or federal courts located in [Your State], and agree that any such disputes will be resolved in the state or federal courts located in [Your State].
14.5 Exceptions. You and Fiducia Collections agree that the following types of disputes are not subject to this Arbitration Agreement: (a) disputes arising out of or related to the enforcement or validity of your or Fiducia Collections’ intellectual property rights; (b) disputes arising out of or related to alleged theft, piracy, or unauthorized use of the Site; or (c) disputes related to any allegations of fraud or misrepresentation.
14.6 Small Claims. Notwithstanding anything to the contrary in this Section, either you or Fiducia Collections may bring an individual action in small claims court if the dispute qualifies. Small claims court is a court where you can represent yourself without an attorney.
These Terms are governed by and construed in accordance with the laws of the [Your Country/State], without regard to its conflict of law principles. Any legal action or proceeding arising under or relating to these Terms or your use of the Site will be brought exclusively in the courts of [Your Country/State].
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms will continue in full force and effect.
These Terms, along with our Privacy Policy and any other legal notices published by Fiducia Collections on the Site, constitute the entire agreement between you and Fiducia Collections with respect to the Site and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the Site.
If you have any questions or concerns regarding these Terms, please contact us at:
Fiducia Collections
Email: fiduciacollections@gmail.com
Last updated: September 2024
Please read these Text Messaging Terms & Conditions (the “Terms”) carefully. By signing up for one or more text message programs (“Programs”), or by providing your telephone number or otherwise agreeing to receive text messages from or on behalf of Fiducia Collections (hereinafter, “Fiducia Collections,” “We,” “Us,” “Our”), you agree to be bound by these Terms, Fiducia Collections’ Terms of Use, and any other applicable terms related to your use of Fiducia Collections’ services. These Terms are limited to the Programs and do not modify other Terms and Conditions or Privacy Policy that may govern your relationship with Fiducia Collections in other contexts.
PLEASE NOTE THESE TERMS CONTAIN AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION WITHOUT JURY TRIAL AND A CLASS ACTION WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION BELOW.
By using, opting in to, or participating in any of our Programs, you expressly consent to receive marketing and/or non-marketing text messages from Fiducia Collections and any individuals or entities texting on Fiducia Collections’ behalf. This may include, but is not limited to, service partners and text messages that utilize automated systems, autodialers, or any other automated procedures or processes for sending messages, to the mobile telephone number associated with your opt-in. You may opt out of these communications at any time. Your consent to receive marketing text messages is not a requirement for purchasing any goods or services.
Fiducia Collections and/or its service providers may use autodialers and related systems to send text messages (including SMS and MMS) to the phone number(s) you provide. If you opt into the Program, you can expect to receive messages about the marketing and sale of fashion merchandise. Text messaging may include:
To opt in to a Program to receive SMS/MMS mobile messages, follow the instructions provided by the specific Program you wish to join, such as through online or application-based enrollment forms. Upon your request to join a recurring Program, you will receive two (2) text messages confirming your desire to opt in (first an opt-in request message, and once you reply “Y,” a sign-up confirmation message). If you get a new mobile telephone number, you will need to re-opt in to any Programs. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. Message and data rates may apply.
To stop participating in any Program or if you no longer agree to these Terms, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Fiducia Collections. You may receive an additional message confirming your decision to opt out. Other methods of opting out, including verbal requests or other text messages, will not be effective. Fiducia Collections and its service providers are not liable for failing to honor requests made by any method other than those specified.
Message and data rates may apply when using any Program. Check with your mobile carrier for details about your pricing plan and charges for sending and receiving text messages. Supported carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. We may add or remove carriers at any time without notice. Fiducia Collections and mobile carriers are not responsible for delays, failures, or errors in message delivery.
The Program involves recurring mobile messages. Additional messages may be sent periodically based on your interaction with Fiducia Collections. We reserve the right to alter the frequency of messages at any time and will notify you of any changes in the short code or phone number used to send messages.
For support regarding the Program, text “HELP” to 74232 or email us at fiducciacollections@gmail.com. Note that this email address is not acceptable for opting out of the program. Opt-outs must be submitted according to the procedures outlined above.
If your mobile device does not support MMS (Multimedia Messaging Service) messaging, the Program will send SMS TMs (terminating messages).
You must have a wireless device capable of two-way messaging, use a participating wireless carrier, and be a subscriber with text messaging service. Not all cellular phone providers support this service.
Children under 16 may not participate in any Program. Parents or legal guardians may not agree to these Terms on their behalf. If we become aware that a child under 16 has provided personal information, we will remove it from our records. If you are under 18 but at least 16, you may participate only with the supervision of a parent or legal guardian who agrees to these Terms.
We respect your privacy. To learn more about how we handle your personal information, please review our Privacy Policy.
Our Programs are offered on an "as-is" basis and may not be available at all times or in all areas. We are not liable for delays or failures in receiving mobile messages.
You agree to indemnify, defend, and hold us harmless from any claims or liabilities resulting from your failure to notify us of a change in the information you provided, including any claims under the Telephone Consumer Protection Act or similar laws.
To resolve disputes, contact us at fiducciacollections@gmail.com. Provide your name, email address, residential address, and a description of the dispute. You must first attempt to resolve the dispute informally before initiating arbitration or a lawsuit.
If informal resolution fails, we agree to resolve disputes through binding arbitration. This process is more informal than a court trial and is decided by a neutral arbitrator. The arbitration will follow the rules of the American Arbitration Association (AAA). Both parties waive the right to a jury trial and agree that disputes will be resolved individually, not as a class action.
You represent that you have the authority to agree to these Terms. Failure to exercise any right under these Terms does not waive further rights. If any provision is found unenforceable, it will be limited or removed, and the remaining Terms will remain in effect. We may update these Terms, and your continued participation in any Program constitutes acceptance of these changes.
For questions about these Terms, please email us at fiducciacollections@gmail.com.
At Fiducia Collections, we are dedicated to providing a fully accessible and optimized user experience for all visitors. We strive to ensure that our website is excellent regardless of the assistive technology used or the specific needs of individuals accessing our site.
To achieve this, Fiducia Collections regularly monitors and tests our website with the help of internal resources and AudioEye, a third-party provider specializing in Web Accessibility. We use the AudioEye® Digital Accessibility Platform to manage and address any accessibility issues identified through both automated and manual testing. As new solutions for enhancing user experience are discovered, we track and implement fixes through the AudioEye system to continually improve our website.
Our website is tested with various assistive technologies. For the best experience, we recommend the following browser and screen reader combinations:
Fiducia Collections follows the Web Content Accessibility Guidelines (WCAG) 2.0 to ensure that our content is accessible to individuals with disabilities and user-friendly for everyone. These guidelines, established by the World Wide Web Consortium, outline three levels of accessibility: A, AA, and AAA. To the greatest extent possible, we aim to conform to Level AA.
Our team of web accessibility experts is available to assist with any issues related to accessing content and using the services on our website. If you experience any challenges with our site, please contact our Help Desk for support.
For any accessibility issues you encounter, please send your feedback to fiduciacollections@gmail.com.
We use various third-party websites, such as Instagram, to share news and information about Fiducia Collections products and services. These external sites, which we do not control, may present accessibility challenges beyond our ability to address.