Frabo Shop Terms of Sale

Section 1 — Who Sells to You

1.1 Every product bought on the Frabo Marketplace or in a Frabo Shop store is sold to you by USRA, LLC, 1018 Market St, Suite 261030, Kirkland, WA 98033, USA ("Frabo", "we"), whatever store shows it. Frabo is the seller and merchant of record: you pay Frabo, and your card statement shows Frabo. A store chooses and presents products; it is not a party to your purchase.

1.2 By placing an order you agree to these Terms of Sale, the Refund Policy (Section 6A) and the Privacy Policy. If you do not agree, do not place an order.

Section 2 — Orders, Prices and Tax

2.1 A product page is an invitation to buy. Your order is an offer; a contract is formed when Frabo confirms your payment. Frabo may refuse or cancel an order before it ships, including for a pricing or listing error, suspected fraud, or a product that cannot be supplied, and refunds any amount paid in full.

2.2 Prices are in US dollars and include delivery. Sales tax is calculated and added at checkout where Frabo is registered to collect it. Payment is taken by Stripe; Frabo never receives your full card number.

2.3 Products are for personal use, not resale. Frabo may limit quantities.

Section 3 — Delivery

3.1 Products are delivered to addresses in the United States only. Each order has a date by which it will ship, set from the supplier's delivery quote. If it cannot ship by then, you are told before the date passes and may cancel for a full refund; an order that has not shipped by the revised date is cancelled and refunded in full (16 CFR 435).

3.2 Title and risk of loss pass to you when the carrier delivers the order to the address you gave. An order the carrier's tracking shows delivered to that address is not refunded as not received; see Section 6A.4 of the Refund Policy.

Section 4 — Returns and Refunds

4.1 A product whose product page offers fifteen-day returns may be returned within fifteen days of delivery, at your cost of return postage, and is refunded in full once it arrives back unused and complete. Any other product (made to order, or shown with no change-of-mind returns) is refunded or replaced if it arrives damaged, faulty, wrong, not as described or with parts missing and you report it on your order page within fifteen days of delivery, with photos; nothing is sent back. The product page shows which applies before you buy. The Refund Policy, Section 6A, sets out how.

Section 5 — Warranties

5.1 Frabo warrants that each product will match its description in all material respects when delivered. Any manufacturer's warranty that comes with a product is passed on to you.

5.2 EXCEPT AS STATED IN SECTION 5.1 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCTS ARE SOLD "AS IS", AND FRABO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHERE THE LAW DOES NOT ALLOW AN IMPLIED WARRANTY TO BE DISCLAIMED, IT IS LIMITED TO THE RETURN WINDOW IN SECTION 4. Some states do not allow these limitations, so they may not apply to you, and you may have other rights that vary by state.

Section 6 — Limitation of Liability

6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRABO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM A PURCHASE, AND FRABO'S TOTAL LIABILITY FOR ANY ORDER IS LIMITED TO THE AMOUNT YOU PAID FOR IT.

6.2 Nothing in these Terms of Sale limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited by law.

Section 7 — Your Responsibilities

7.1 You agree to give accurate order and delivery details, to use products as their instructions direct, and not to use the marketplace to defraud Frabo or others. To the extent permitted by law, you agree to indemnify Frabo against third-party claims arising from your fraud, your misuse of a product contrary to its instructions, or your breach of these Terms of Sale.

Section 8 — Suspension and Termination

8.1 Frabo may refuse orders from, cancel unshipped orders of, or stop selling to anyone it reasonably believes is acting fraudulently, abusing returns or disputes, or breaching these Terms of Sale. Any order cancelled is refunded in full. Sections 5 to 10 survive the end of any purchase.

Section 9 — Governing Law

9.1 These Terms of Sale are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act for Section 10. Subject to Section 10, the state and federal courts in King County, Washington have exclusive jurisdiction.

Section 10 — Binding Arbitration and Class Action Waiver

10.1 Before starting any proceeding, email [email protected] describing the problem; most are put right within days. If it is not resolved within thirty (30) days, PLEASE READ THIS SECTION: any dispute arising from a purchase shall be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules, by video, telephone or written submissions, or in person in the county where you live. For a claim of $10,000 or less, Frabo pays all filing, administration and arbitrator fees. Either party may instead bring an individual claim in small-claims court.

10.2 CLASS ACTION WAIVER. You and Frabo each bring claims only individually, and not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not consolidate claims of more than one person. TO THE EXTENT PERMITTED BY LAW, YOU AND FRABO EACH WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for a claim, that claim alone is heard in court.

10.3 You may opt out of this Section 10 by emailing [email protected] within thirty (30) days of your first purchase, with the subject "Arbitration opt-out" and the email address you bought with.

Section 11 — Contact

Questions about an order: [email protected]. Written notices: USRA, LLC, 1018 Market St, Suite 261030, Kirkland, WA 98033, USA.