Terms of service
TERMS OF SERVICE
Last updated: September 16, 2026
OVERVIEW
Welcome to Foyle & Vale. The terms "we", "us", and "our" refer to Foyle & Vale.
Foyle & Vale operates this online store and website, including all related information, content, features, tools, products, and services, to provide customers with a curated online shopping experience (the "Services"). Foyle & Vale is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use our Services.
Please read these Terms of Service carefully before using our Services. They contain important information concerning your use of our website, purchases, orders, payments, shipping, returns, limitations of liability, and other matters.
By accessing, browsing, or using our Services, or by placing an order through our store, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, please do not use or access our Services.
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SECTION 1 — ACCESS AND ACCOUNT
By using our Services, you represent that you are legally capable of entering into a binding agreement under the laws applicable to you.
If you are under the age required to enter into a contract in your jurisdiction, you may use our Services only with the involvement and consent of a parent or legal guardian where required by applicable law.
When using our Services or placing an order, you may be asked to provide information including your name, email address, billing information, payment information, shipping address, telephone number, and other information necessary to process your order.
You agree that the information you provide is accurate, current, and complete, and that you have the right to provide that information.
You are responsible for maintaining the confidentiality of any account credentials associated with your account and for activities carried out through your account.
You may not transfer, sell, assign, or otherwise provide your account to another person without our prior written consent.
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SECTION 2 — OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, images, specifications, colors, dimensions, and other information displayed on our website are accurate.
However, the appearance of a product may vary depending on your device, screen, lighting, photography, and other factors.
Product images are provided for illustrative and informational purposes and may not perfectly represent the exact appearance of the physical product.
We do not guarantee that a product will appear exactly as it does on your screen or that it will meet subjective expectations regarding appearance, feel, or performance.
Product descriptions, specifications, availability, and pricing may be updated from time to time without notice.
We reserve the right to discontinue products, modify products, or limit quantities available for purchase where reasonably necessary.
Nothing in this section limits any rights you may have under applicable consumer protection law.
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SECTION 3 — ORDERS
When you place an order through our store, you are submitting a request to purchase the products in your order.
Submitting an order does not necessarily mean that the order has been accepted.
We reserve the right to accept or decline an order where permitted by applicable law, including where:
- a product is unavailable;
- there is an error in product information or pricing;
- we reasonably suspect fraudulent or unauthorized activity;
- we are unable to process payment;
- shipping to the requested destination is unavailable; or
- circumstances outside our reasonable control prevent us from fulfilling the order.
Your order will be considered accepted when we send you an order confirmation or otherwise confirm acceptance of your order.
We may contact you using the email address, telephone number, or other contact information provided with your order if we need additional information or if there is an issue with your order.
Please review your order carefully before completing your purchase. Once an order has been accepted and processing has begun, cancellation may not be possible.
Any cancellation, return, refund, or exchange is subject to our Refund and Returns Policy, as applicable.
You agree to provide accurate information necessary for us to process and deliver your order.
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SECTION 4 — PRICES AND BILLING
All prices displayed on our website are shown in the currency indicated at checkout.
Prices, discounts, promotions, and offers may change from time to time without notice.
The price charged for a product will generally be the price displayed at the time your order is placed, subject to correction of obvious pricing or technical errors.
Shipping is free on every order, as described in our Shipping Policy. Prices may not include customs duties, import taxes, or other charges imposed by the destination country.
Customers purchasing from outside Kenya are responsible for reviewing and understanding any applicable customs, import, or tax requirements in their country.
Where applicable, additional charges imposed by customs authorities or other government agencies may be payable by the customer.
We reserve the right to correct pricing, product, or promotional errors and, where permitted by law, to cancel an order affected by an obvious error.
You agree to provide current, complete, and accurate billing and payment information.
You represent that you are authorized to use the payment method provided for your purchase.
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SECTION 5 — SHIPPING AND DELIVERY
We ship to destinations made available at checkout.
Shipping times displayed on our website are estimates and are not guaranteed unless expressly stated otherwise.
Delivery times may vary depending on the destination, shipping method, carrier, customs processing, weather, holidays, supply-chain disruptions, and other circumstances outside our reasonable control.
International orders may be subject to customs inspections, import duties, taxes, fees, or other charges imposed by the destination country.
Unless otherwise stated in our shipping policy, such charges are the responsibility of the customer.
We are not responsible for delays caused by shipping carriers, customs authorities, incorrect or incomplete delivery information provided by the customer, or circumstances beyond our reasonable control.
If a package is returned because the customer provided an incorrect or incomplete address, refused delivery, failed to collect the package, or failed to pay applicable import charges, any refund or reshipping will be handled in accordance with our Refund and Returns Policy.
Nothing in this section limits any rights you may have under applicable law.
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SECTION 6 — INTELLECTUAL PROPERTY
The Services and their content, including text, graphics, logos, trademarks, product images, photographs, videos, audio, design elements, layout, and other materials, are owned by or licensed to Foyle & Vale or their respective owners and are protected by applicable intellectual property laws.
You may access and use our Services for personal, lawful, and non-commercial purposes.
Unless permitted by law or expressly authorized by us in writing, you may not reproduce, copy, distribute, modify, publish, create derivative works from, sell, license, publicly display, or commercially exploit material from our Services.
Foyle & Vale's name, branding, logos, designs, slogans, and other brand elements may not be used without our prior written permission.
Shopify's name, trademarks, and branding remain the property of Shopify.
All other trademarks and intellectual property appearing on our Services belong to their respective owners.
Nothing in these Terms grants you ownership of any intellectual property belonging to Foyle & Vale, Shopify, or any third party.
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SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
We may provide access to tools, applications, payment services, shipping services, analytics services, or other functionality provided by third parties.
We do not necessarily control or operate these third-party services.
Third-party tools may be provided subject to the terms, conditions, and policies of their respective providers.
To the extent permitted by applicable law, we are not responsible for third-party tools or services that we do not control.
Your use of third-party tools is subject to your acceptance of the applicable third-party provider's terms and policies.
We may introduce additional features, tools, or services in the future. Any such features will also be subject to these Terms unless otherwise stated.
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SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to websites, applications, products, or services operated by third parties.
These links are provided for convenience and do not necessarily constitute an endorsement or recommendation.
We do not control third-party websites and are not responsible for their content, accuracy, availability, security, privacy practices, products, services, or policies.
If you choose to access a third-party website or service, you do so at your own risk.
You should review the applicable third party's terms and privacy policies before providing information or completing a transaction with them.
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SECTION 9 — RELATIONSHIP WITH SHOPIFY
Foyle & Vale is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through our store are transactions between you and Foyle & Vale.
Shopify is not responsible for the products sold by Foyle & Vale or for the terms of transactions between you and Foyle & Vale.
To the extent permitted by applicable law, you agree that Shopify and its affiliates are not responsible for claims arising from products purchased from Foyle & Vale.
Nothing in these Terms is intended to exclude or limit any liability that cannot lawfully be excluded or limited.
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SECTION 10 — PRIVACY POLICY
Our collection and use of personal information is described in our Privacy Policy.
By using our Services, you acknowledge that you have reviewed our Privacy Policy.
Because our store is hosted by Shopify, Shopify may collect and process certain information relating to your access to and use of our Services.
Information submitted through our store may also be processed by Shopify, payment providers, shipping providers, technology providers, analytics providers, advertising providers, and other service providers where necessary to operate our business and provide the Services.
Some of these providers may process personal information outside Kenya.
We will handle personal information in accordance with applicable data protection laws and our Privacy Policy.
You can review your rights and how personal information is handled in our Privacy Policy.
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SECTION 11 — CUSTOMER FEEDBACK AND REVIEWS
If you submit, post, upload, email, or otherwise provide us with reviews, comments, photographs, videos, suggestions, ideas, or other content ("Feedback"), you grant Foyle & Vale a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, adapt, and distribute that Feedback for purposes connected with operating, improving, and promoting our Services, subject to applicable law.
You represent that:
1. you own or otherwise have the necessary rights to the Feedback you submit;
2. the Feedback does not infringe the rights of another person;
3. the Feedback is not knowingly false or misleading;
4. the Feedback does not contain unlawful, threatening, abusive, defamatory, obscene, or malicious material; and
5. the Feedback does not contain malware or other harmful code.
You should not submit personal information belonging to another person without their permission.
We may remove or refuse to publish Feedback where we reasonably believe it violates these Terms, applicable law, or the rights of another person.
We are not required to publish or maintain any particular Feedback.
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SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
There may occasionally be information on our Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, availability, or other information.
We reserve the right to correct such errors and update information when reasonably necessary.
Where permitted by applicable law, we may cancel or modify an order affected by an obvious error and will notify you where appropriate.
We do not undertake an obligation to update every piece of information on the website immediately.
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SECTION 13 — PROHIBITED USES
You may use our Services only for lawful purposes.
You agree not to use our Services:
(a) for any unlawful or fraudulent purpose;
(b) to violate applicable laws or regulations;
(c) to infringe intellectual property, privacy, or other rights of Foyle & Vale or another person;
(d) to harass, abuse, threaten, defame, or harm another person;
(e) to provide false, misleading, or fraudulent information;
(f) to transmit malicious code, viruses, or other harmful material;
(g) to interfere with the operation or security of our Services;
(h) to impersonate another person or entity;
(i) to collect or misuse personal information belonging to other users;
(j) to engage in spam, phishing, or other abusive conduct;
(k) to use automated systems, scraping tools, bots, or other automated means to access or collect information from our Services where such access is prohibited or restricted by us;
(l) to bypass security or access-control measures; or
(m) to engage in conduct that may damage or disrupt our Services or expose Foyle & Vale, Shopify, our service providers, or other users to harm or liability.
We may restrict or terminate access to our Services where we reasonably believe that these Terms have been violated or where necessary to protect our Services, customers, or business.
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SECTION 14 — AGENTS AND AUTOMATED ACCESS
This section applies where software or services act autonomously or semi-autonomously on behalf of a person or entity to access, use, or interact with our Services ("Agent").
Agents may access, use, or interact with our Services only where such access is permitted by us and applicable law.
Where technically applicable, Agents should identify themselves as automated systems and should not misrepresent automated interactions as human interactions.
Agents must not bypass CAPTCHA systems, security measures, access restrictions, or other technical controls designed to regulate automated access.
We may restrict or block automated access to our Services where reasonably necessary.
Nothing in this section prevents lawful use of accessibility tools, browser functionality, or other technology where such use is permitted by applicable law and does not circumvent our security or access controls.
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SECTION 15 — TERMINATION
We may suspend or terminate your access to our Services where permitted by applicable law if you violate these Terms or if termination is reasonably necessary to protect our Services, customers, or business.
Termination will not affect rights or obligations that arose before termination.
Any provisions that by their nature should continue after termination will remain in effect, including provisions concerning intellectual property, customer Feedback, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.
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SECTION 16 — DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, our Services are provided on an "as available" basis.
We do not guarantee that our website or Services will always be uninterrupted, secure, timely, accurate, or error-free.
Product information is provided for general informational purposes and may contain errors or omissions.
To the maximum extent permitted by applicable law, we disclaim warranties and conditions that are not expressly provided in these Terms.
However, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, warranty, or other protection that cannot legally be excluded, restricted, or modified under applicable law.
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SECTION 17 — LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Foyle & Vale and its owners, officers, employees, contractors, service providers, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, or punitive losses arising from your use of our Services or products purchased through our Services.
This may include loss of profits, revenue, business opportunities, data, or anticipated savings, to the extent such losses may lawfully be excluded.
Nothing in these Terms excludes or limits liability for matters that cannot lawfully be excluded or limited, including liability arising from fraud, intentional misconduct, or rights and protections that applicable consumer law does not permit us to exclude.
To the extent permitted by applicable law, our liability relating to a particular purchase will be limited to the remedies available under applicable law and, where lawful, the amount paid for the relevant product or order.
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SECTION 18 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Foyle & Vale and its owners, officers, employees, contractors, service providers, and affiliates from claims, losses, liabilities, and reasonable costs arising directly from:
1. your material violation of these Terms;
2. your unlawful use of our Services;
3. your infringement of another person's rights; or
4. information or content you knowingly submit that violates the rights of another person.
This section does not require you to indemnify us for losses caused by our own unlawful conduct or liability that cannot legally be transferred to you.
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SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
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SECTION 20 — WAIVER AND ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision later.
These Terms, together with our Privacy Policy, Refund and Returns Policy, Shipping Policy, and any other policies expressly incorporated into these Terms, constitute the agreement between you and Foyle & Vale concerning your use of our Services.
These Terms supersede prior versions of the Terms relating to the Services.
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SECTION 21 — ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.
We may transfer or assign our rights and obligations under these Terms where permitted by applicable law.
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SECTION 22 — GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Kenya, except to the extent that mandatory consumer protection or other laws of the country in which you reside apply to your transaction and cannot lawfully be excluded.
Subject to applicable law and any mandatory consumer rights, disputes relating to these Terms or your use of our Services shall be subject to the jurisdiction of the courts of Kenya.
Nothing in this section prevents a consumer from exercising rights or bringing a claim in a jurisdiction where applicable law gives that consumer the right to do so.
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SECTION 23 — HEADINGS
The headings used in these Terms are provided for convenience only and do not affect the meaning or interpretation of any provision.
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SECTION 24 — CHANGES TO THESE TERMS
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace these Terms from time to time.
When we make material changes, we may provide notice where required by applicable law.
Changes become effective on the date specified in the updated Terms.
Your continued use of our Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Foyle & Vale
Email: hello@foyleandvale.store
Foyle & Vale currently operates under the trading name Foyle & Vale. Where applicable, required business, tax, or registration information will be provided in accordance with Kenyan law.