Terms & Conditions

Welcome to FoMaKo’s official cross-border e-commerce independent website (hereinafter referred to as "the Website"). These Terms & Conditions (hereinafter referred to as "the Terms") govern your access to and use of the Website, as well as all purchases of products and services through the Website. By accessing, browsing, or using the Website, or placing an order through the Website, you (hereinafter referred to as "the User") agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to any part of these Terms, please do not use the Website or make any purchases.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and FoMaKo (hereinafter referred to as "we", "us", or "our"). We reserve the right to modify, update, or revise these Terms at any time without prior notice. The revised Terms will take effect immediately upon being posted on the Website. Your continued use of the Website or purchase of products after the revision constitutes your acceptance of the revised Terms. We recommend that you review these Terms regularly to stay informed of any changes.

In addition to these Terms, your use of the Website and purchases are also subject to our Privacy Policy, Return & Warranty Policy, and Shipping Policy, which are incorporated into these Terms by reference. Please read these policies carefully before using the Website.

2. Eligibility to Use the Website

By using the Website, you represent and warrant that: (1) you are at least 18 years old or have obtained the consent of a legal guardian if you are a minor; (2) you have the legal capacity and authority to enter into these Terms and complete purchases; (3) all information you provide to us (including personal information, contact information, and payment information) is true, accurate, complete, and up-to-date; (4) you will use the Website only for legitimate purposes and in compliance with these Terms and all applicable laws and regulations.

We reserve the right to refuse service, terminate your access to the Website, or cancel your orders at our sole discretion if we suspect that you do not meet the above eligibility requirements or violate these Terms.

3. Product Information and Pricing

3.1 Product Information

We strive to provide accurate and up-to-date information about all products displayed on the Website, including product descriptions, specifications, images, and availability. However, we do not guarantee that all product information is error-free, complete, or current. In the event of a typographical error, misdescription, or incorrect pricing, we reserve the right to correct the error and cancel or adjust your order accordingly, even if the order has been confirmed. We will notify you promptly if such a situation occurs.

Product images on the Website are for illustrative purposes only and may differ slightly from the actual product in terms of color, size, and appearance. The actual product shall prevail.

3.2 Pricing and Currency

All product prices displayed on the Website are quoted in the specified currency (usually USD) and do not include taxes, customs duties, import fees, or shipping costs, unless otherwise stated. You are solely responsible for paying all applicable taxes, customs duties, import fees, and other charges imposed by your country/region’s government. We will not be liable for any additional charges incurred due to customs clearance or other factors.

We reserve the right to adjust product prices at any time without prior notice. The price applicable to your order is the price displayed on the Website at the time you place the order.

4. Order Placement and Confirmation

4.1 Order Placement

When you place an order through the Website, you are making a binding offer to purchase the selected products at the displayed price. We reserve the right to accept or reject your order in our sole discretion. Factors that may lead to order rejection include, but are not limited to: insufficient product inventory, incorrect product pricing, invalid payment information, or suspicion of fraudulent activity.

4.2 Order Confirmation

After you place an order, we will send you an order confirmation email to the email address you provided, confirming that we have received your order. This email does not constitute acceptance of your order; it only confirms that we have received your order request. We will send you a second email (shipping confirmation) once we have processed and shipped your order, which constitutes our formal acceptance of your order.

If we are unable to accept your order (e.g., due to out-of-stock products), we will notify you via email and refund any payment you have made in full within a reasonable time frame.

5. Payment Terms

You agree to pay the full amount of the order (including product prices, shipping costs, and any applicable taxes or fees) using the payment methods provided on the Website. All payment information you provide must be true, accurate, and valid. We use secure payment processing services to protect your payment information, and we will not store your full payment card details without your consent.

If your payment is declined or fails for any reason (e.g., insufficient funds, expired card, or fraud prevention), we will notify you and may cancel your order. You are responsible for resolving any payment issues and re-submitting the payment within the specified time frame if you wish to proceed with the order.

We reserve the right to charge a reasonable fee for any failed payment attempts or chargebacks caused by your negligence or intentional misconduct.

6. Shipping and Delivery

Shipping and delivery terms are governed by our separate Shipping Policy, which is incorporated into these Terms. By placing an order, you agree to comply with the Shipping Policy, including but not limited to shipping times, shipping methods, shipping costs, and delivery restrictions.

We will make reasonable efforts to ship your order within the estimated time frame stated on the Website, but we do not guarantee delivery times. Delivery delays may occur due to factors beyond our control, such as customs clearance, weather conditions, logistics disruptions, or regional restrictions. We will not be liable for any damages or losses caused by delivery delays.

You are responsible for providing an accurate and complete delivery address. We will not be liable for lost, stolen, or damaged packages caused by an incorrect or incomplete delivery address provided by you.

7. Return, Refund, and Warranty

Return, refund, and warranty terms are governed by our separate Return & Warranty Policy, which is incorporated into these Terms. By placing an order, you agree to comply with the Return & Warranty Policy, including but not limited to return eligibility, return procedures, restocking fees, and warranty coverage.

Please note that all returns must meet the conditions specified in the Return & Warranty Policy. We reserve the right to refuse returns that do not meet these conditions, and no refund or exchange will be provided in such cases.

8. User Responsibilities

You agree to use the Website in a manner that is legal, ethical, and compliant with these Terms. You shall not:

Use the Website for any fraudulent, illegal, or unauthorized purpose, including but not limited to placing fake orders, stealing personal information, or distributing malware;
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any content or materials on the Website without our prior written permission;
Interfere with or disrupt the operation of the Website, including but not limited to overloading the Website, using automated tools to scrape content, or attempting to access restricted areas of the Website;
Provide false, inaccurate, or misleading information to us or other users;
Violate any applicable laws, regulations, or third-party rights (including intellectual property rights) when using the Website.

You are solely responsible for any damages or losses caused by your violation of these responsibilities, and we reserve the right to take legal action against you if necessary.

9. Intellectual Property Rights

All intellectual property rights (including but not limited to trademarks, copyrights, patents, and trade secrets) in the Website, its content (including product images, descriptions, logos, and text), and all products sold through the Website are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Website and its content for personal, non-commercial purposes only. This license does not include any right to reproduce, distribute, modify, or use the content for commercial purposes without our prior written permission.

Any unauthorized use of our intellectual property rights may constitute a violation of these Terms and applicable laws, and we reserve the right to take legal action to protect our rights.

10. Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages (including but not limited to damages for loss of profits, loss of data, or loss of business opportunities) arising out of or in connection with your use of the Website, purchase of products, or violation of these Terms, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of or in connection with these Terms or your use of the Website shall not exceed the total amount you paid for the relevant products or services.

This limitation of liability does not apply to damages caused by our intentional misconduct, gross negligence, or violation of applicable laws. It also does not apply to damages related to personal injury or property damage caused by defective products.

11. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, employees, directors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or in connection with: (1) your use of the Website; (2) your violation of these Terms or applicable laws; (3) your provision of false or inaccurate information; (4) any damage caused by your actions to us or third parties.

12. Termination

We reserve the right to terminate or suspend your access to the Website, cancel your orders, or terminate these Terms at any time, without prior notice, for any reason, including but not limited to: (1) your violation of these Terms; (2) your ineligibility to use the Website; (3) suspicion of fraudulent activity; (4) our decision to discontinue the Website or any part of it.

Upon termination, all licenses granted to you under these Terms will immediately terminate, and you must cease using the Website. Any provisions of these Terms that are intended to survive termination (including but not limited to intellectual property rights, limitation of liability, indemnification, and dispute resolution) will remain in effect.

13. Privacy Policy

We are committed to protecting your personal information. Our collection, use, and sharing of your personal information are governed by our Privacy Policy, which explains how we collect personal information through the Website (including through cookies and similar technologies), how we use and share this information, and your rights regarding your personal information. By using the Website, you agree to our collection and use of your personal information in accordance with the Privacy Policy.

We comply with global data protection regulations, including GDPR (General Data Protection Regulation) for users in the EU/EEA and CCPA/CPRA (California Consumer Privacy Act/California Privacy Rights Act) for users in California, USA, ensuring that your personal information is collected and used in a legal, legitimate, and necessary manner.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction, e.g., Hong Kong SAR, China or the State of California, USA], without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or in connection with these Terms or your use of the Website shall first be resolved through good-faith negotiation between you and us. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to arbitration in accordance with the rules of [Arbitration Institution] for binding arbitration. The arbitration shall be conducted in [Arbitration Location], and the language of the arbitration shall be English.

Nothing in these Terms shall prevent us from taking legal action to protect our intellectual property rights or to address fraudulent or illegal activity.

15. Miscellaneous

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The failure of us to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.

These Terms constitute the entire agreement between you and us regarding your use of the Website and purchases of products, and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral.

You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written permission. We may assign or transfer these Terms without your consent.

Contact Us

If you have any questions, concerns, or complaints regarding these Terms or the Website, please contact us via email at: support@fomako.net. We will respond to your inquiry within 1-2 working days.

Effective Date: March 20, 2026

FoMaKo