Terms of service

 

Last Updated: May 12, 2026

This website, including all associated websites, mobile sites, and mobile applications (collectively, the “Website”), is operated by Lungu Holdings LLC d/b/a The Ferne (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your use of the Website, our products, and services. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, do not use this Website.

 

 

1. Eligibility

You must be at least 18 years of age to use this Website or make purchases. By using the Website, you represent and warrant that you are of legal age and capacity.

 

 

2. Accounts & Security

If you create an account, you are responsible for maintaining its confidentiality and all activity under your account. You agree to notify us immediately of any unauthorized use. We are not liable for any losses due to compromised credentials.

 

 

3. Intellectual Property

All content on the Website (including text, graphics, logos, product images, artworks, and code) is owned by or licensed to us and is protected by U.S. and international copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, or exploit any Website content without our express written consent.

 

 

4. Orders & Pricing

  • Prices are shown in U.S. dollars and are subject to change without notice.

  • We reserve the right to accept or decline orders at our discretion, including after order confirmation.

  • In the event of errors (including pricing), we may cancel or refuse orders and issue refunds as needed.

 

 

5. Shipping

  • We arrange shipment of products via carriers of our choice. Title and risk of loss transfer to you upon delivery to the carrier.

  • Shipping and delivery dates are estimates only; we are not liable for delays.

  • International customers are responsible for customs duties, taxes, and import requirements.

 

 

6. Returns & Refunds

  • Artworks & Fine Art Prints: All sales are final. We do not accept returns or refunds for original artworks or fine art prints. If your order arrives damaged, notify us at atelier@theferne.com within 7 days of delivery with photos of the damage for review. If confirmed, we will arrange a replacement or refund.

To initiate a return, email atelier@theferne.com.

 

 

7. User Content

If you post reviews or other user-generated content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, and display such content. You represent and warrant that you own or control all rights in any content you submit and that it does not infringe third-party rights.

 

 

8. External Links

Our Website may link to third-party websites. We are not responsible for their content, privacy practices, or services. Accessing such sites is at your own risk.

 

 

9. Disclaimer of Warranties

The Website and all products are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

 

 

10. Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, data, or goodwill, arising from use of the Website or products. Our total liability shall not exceed the amount you paid for the specific product or service at issue.

 

 

11. Arbitration & Dispute Resolution

  • Binding Arbitration: Except for claims eligible for small claims court or involving intellectual property rights, all disputes will be resolved by binding arbitration under the American Arbitration Association (AAA) rules.

  • Class Action Waiver: Disputes must be brought on an individual basis only, not as a class or collective action.

  • Location: Arbitration will take place in Virginia, unless otherwise agreed, and may be conducted via video conference or written submissions.

You may opt out of arbitration within 30 days of first becoming subject to these Terms by sending written notice to atelier@theferne.com.

 

 

12. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflicts of law.

 

 

13. Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control, including natural disasters, strikes, supply chain disruptions, or governmental actions.

 

 

14. Changes to Terms

We may update these Terms at any time. Continued use of the Website after changes indicates acceptance.

 

 

15. Miscellaneous

If any provision of these Terms is deemed invalid, the remaining provisions remain enforceable. These Terms, along with our Privacy Policy, represent the entire agreement between you and us.

 

 

16. Contact

The Ferne – Legal & Customer Care
Email: atelier@theferne.com
Phone: (571) 510-0194
Address: 277 S. Washington St, Suite 210 #1137, Alexandria, VA 22314