Terms and Conditions of Sale
This Document Contains Important Information Regarding Your Rights And Obligations, As Well As Conditions, Limitations, And Exclusions That Might Apply To You. Please Read It Carefully.
These Terms Require The Use Of Arbitration On An Individual Basis To Resolve Disputes, Rather Than Jury Trials Or Class Actions.
By Placing An Order From Flikr LLC, You Accept And Are Bound By These Terms And Conditions.
You May Not Order Or Obtain Products From This Website If You (A) Do Not Agree To These Terms, (B) Are Not At Least 18 Years Of Age, Or (C) Are Prohibited From Accessing Or Using This Website Or Any Of This Website's Contents, Goods Or Services By Applicable Law.
These terms and conditions (these "Terms") apply to the purchase and sale of products by Flikr LLC ("FLIKRFIRE", "us", "we", or "our" as the context may require) through flikrfire.com (the "Site"). These Terms are subject to change without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any product that available through the Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation.
- You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After receiving your order, we will send you a confirmation email with your order number and details of your order. Acceptance of your order and the formation of the contract of sale between FLIKRFIRE and you will not take place unless and until you have received your order confirmation email.
Prices and Payment Terms.
- All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
- Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We use a third-party payment processor to accept payment and payment methods are listed during checkout. You represent and warrant that
- the credit card information you supply to us is true, correct, and complete,
- you are duly authorized to use such credit card for the purchase,
- charges incurred by you will be honored by your credit card company, and
- you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments and Delivery.
- We will arrange for shipment of the products to you. You agree to pay all shipping and handling charges specified during the ordering process.
- Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.
Returns and Refunds.
- Except for any products designated on the Site as non-returnable, we accept returns of products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. To return products, you must call email our Returns Department at [EMAIL ADDRESS] to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
- You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery.
- Refunds are processed within approximately three to five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
This Limited Warranty Gives You Specific Legal Rights. You May Also Have Other Rights, Which Vary From State To State.
We Warrant That During The Applicable Warranty Period (Defined Below), The Products Purchased From The Site Will Be Free From Defects In Materials And Workmanship. We Offer A Lifetime Warranty On The Burn Fireplace And A One (1) Year Warranty On The Pivt Table.
Our Responsibility For Defective Products Is Limited To Repair, Replacement Or Refund As Set Forth In This Warranty Statement.
Who May Use This Warranty?
- This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.
What Does This Warranty Cover?
- This limited warranty covers during the Warranty Period (defined below) defects in materials and workmanship in products purchased from the Site.
What Does This Warranty Not Cover?
- This limited warranty does not cover any damages due to:
- improper use;
- failure to follow the product instructions or to perform any preventive maintenance;
- combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Flikr LLC;
- unauthorized repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
- This limited warranty starts on the date of your purchase and lasts for one (1) year for the Pivt table. We offer a lifetime limited warranty for the Burn fireplace (in each case, depending on product purchased, referred to herein as the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
- With respect to any defective products during the Warranty Period, we will, in our sole discretion, either:
- repair or replace such products (or the defective part) free of charge or
- refund the purchase price of such products.
- We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
How Do You Obtain Warranty Service?
- To obtain warranty service, you must call email our Customer Service Department at email@example.com during the Warranty Period to obtain an RMA number.
Limitation of Liability
- The Remedies Described Above Are Your Sole And Exclusive Remedies And Our Entire Obligation And Liability For Any Breach Of This Limited Warranty. Except For The Limited Warranty With Respect To The Products Set Forth Above, Flikr LLC Hereby Disclaims All Other Warranties Of Any Kind, Express Or Implied, Statutory Or Otherwise, Including But Not Limited To Any Warranties Of Merchantability, Non-Infringement And Fitness For Particular Purpose.
- The Foregoing Does Not Affect Any Warranties Which Cannot Be Excluded Or Limited Under Applicable Law.
- Our Liability Will Under No Circumstances Exceed The Actual Amount Paid By You For The Defective Product That You Have Purchased Through The Site, Nor Will We Under Any Circumstances Be Liable For Any Loss Of Production, Work, Data, Use, Business, Goodwill, Reputation, Revenue Or Profit, Any Diminution In Value, Costs Of Replacement Goods, Or Any Consequential, Incidental, Special Or Punitive Damages Or Losses, Whether Direct Or Indirect.
- Some States Do Not Allow The Exclusion Or Limitation Of Incidental Or Consequential Damages, So The Above Limitation Or Exclusion May Not Apply To you.
- We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction.
- All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Tennessee. Any legal suit, action or proceeding arising out of or related to these Terms or the products shall be instituted exclusively in the appropriate State or Federal Court located in Hamilton County, Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution and Binding Arbitration.
You Are Agreeing To Give Up Any Rights To Litigate Claims In A Court Or Before A Jury, Or To Participate In A Class Action Or Representative Action With Respect To A Claim. Other Rights That You Would Have If You Went To Court May Also Be Unavailable Or May Be Limited In Arbitration.
Any Claim, Dispute Or Controversy (Whether In Contract, Tort Or Otherwise, Whether Pre-Existing, Present Or Future, And Including Statutory, Consumer Protection, Common Law, Intentional Tort, Injunctive And Equitable Claims) Between You And Us Arising From Or Relating In Any Way To Your Purchase Of Products Or Services Through The Site, Will Be Resolved Exclusively And Finally By Binding Arbitration.
- The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 9. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, Neither You Nor Flikr LLC Will Be Entitled To Join Or Consolidate Claims By Or Against Other Customers In Court Or In Arbitration Or Otherwise Participate In Any Claim As A Class Representative, Class Member Or In A Private Attorney General Capacity. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of FLIKRFIRE.
No Third Party Beneficiaries
- These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- We may provide any notice or communications to you under these Terms by:
- sending a message to the email address you provide or
- by posting to the Site.
- Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must email us as firstname.lastname@example.org. You are communicating with us electronically when you use our Site or send an email to us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order from our Site, we collect and store your email address, which may be used to contact you regarding information about our products unless you opt-out of such communications using the opt-out link in the emails.
- If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.