1. USE OF THIS WEBSITE
This website is owned by FAIKE, Inc., and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view www.faike.com or such material.
3. EXCLUSION OF WARRANTIES
FAIKE, Inc. makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. FAIKE, Inc. does not represent, warrant or undertake that any errors on or relating to this website will be corrected or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. FAIKE, Inc. AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
4. LIMITATION OF LIABILITY
FAIKE, INC. IS NOT LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRA-CONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
5. COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by FAIKE, Inc., and FAIKE, Inc. does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of FAIKE, Inc. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of FAIKE, Inc. or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. Notwithstanding the foregoing, FAIKE, Inc. authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of FAIKE, Inc. and its affiliates without express written consent of FAIKE, Inc. You may not use any meta tags or any other “hidden text” utilizing FAIKE, Inc.’s name or trademarks without the express written consent of FAIKE, Inc. Any unauthorized use of this site and/or its contents terminates the permission or license granted by FAIKE, Inc.
6. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
7. ELECTRONIC COMMUNICATIONS
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.
FAIKE, Inc. may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, FAIKE, Inc. makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if FAIKE, Inc. ever decides to do it.
Links and references to other websites are provided to you as a convenience only. FAIKE, Inc. has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by FAIKE, Inc. To obtain permission, contact our concierge at email@example.com
10. VIRUSES, ETC
FAIKE, Inc. does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
11. DAMAGE TO OTHERS
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offense or civil liability on the part of any person or entity.
12. RESERVE OF RIGHTS
All rights not expressly granted in these terms are reserved to FAIKE, Inc. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of FAIKE, Inc. or any other person or entity.
13. GOVERNING LAW
This site is controlled and operated by FAIKE, Inc. from Brooklyn, New York, USA and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the State of New York and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14. DISPUTE RESOLUTION: INJUNCTIVE RELIEF
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandatories, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law which Schedule is incorporated into and forms an integral part of these terms. However, before you submit a Claim for arbitration, you must first contact our customer service representatives at firstname.lastname@example.org and give us an opportunity to resolve the dispute. Similarly, before FAIKE, Inc. takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or FAIKE, Inc. is notified by the other of a dispute, then either party may then initiate the arbitration process. For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought. NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND FAIKE, INC. BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.INJUNCTIVE RELIEF AND PROVISIONAL RELIEF Notwithstanding the provisions in this Section 16, FAIKE, Inc. shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
15. CHANGES TO TERMS / SEVERABILITY
FAIKE, Inc. may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
17. NO WAIVER
The failure of FAIKE, Inc. to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of FAIKE, Inc. to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
18. ENTIRE AGREEMENT
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and FAIKE, Inc. with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by FAIKE, Inc. making such amendments or modifications available to it pursuant to the terms hereof.
FAIKE, Inc. reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
21. ENGLISH LANGUAGE
You expressly agree that these terms and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que ces conditions d’utilisation et tous les documents y afférents soient rédigés en anglais seulement.
19. PURCHASING ELIGIBILITY
All orders placed on www.faike.com are subject to product availability and to our acceptance of the order. Items in your shopping cart are not reserved and can be purchased by other customers.
21. ORDER ACCEPTANCE
Acceptance of your order occurs when you have received a shipping confirmation email, outlined with a shipping provider and tracking number. The email you receive immediately after placing your order, acknowledging the details of your order, does not confirm the acceptance of your order. Once we ship the goods to you and you have been charged, the sale contract between you and FAIKE, Inc. will be complete. At any time before shipping your order, we reserve the right to not accept your order for reasons we deem appropriate, such as unsuccessfully authorizing a payment, or other.
We accept Visa, MasterCard, and American Express. Your order will be charged once we have shipped your goods. If your order contains multiple items, we will only charge you for the items we ship. Items that may have gone out of stock but were on your order will be charged when they are dispatched. By entering credit card information onto www.faike.com, you are confirming that the information you provide is valid and is authorized by the holder of the card (you) to be used. If the issuer of your payment card refuses to authorize your transaction, FAIKE, Inc. is not liable for any delays in shipping or non-delivery.We take reasonable care to make www.faike.com secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. We take considerable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from www.faike.com.
23. SALE PRICE ADJUSTMENT POLICY
FAIKE, Inc. does not offer price adjustments.
24. INSURANCE AND DELIVERY
Your package will be insured by FAIKE, Inc. from the moment it ships from our facilities up until the time it is delivered to the specified delivery address. Upon signing for your package, responsibility for your goods is passed onto you. For orders that are not being delivered to you, such as a gift package, a signature by the individual names at the final destination is evidence of delivery and fulfillment by FAIKE, Inc., and responsibility will then transfer the same.
25. FAULTY GOODS
Goods are faulty if they are received damaged or where a manufacturing fault occurs within one year of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size and color, subject to availability. Where possible, we will offer to repair faulty items.
We try our best to display product colors on www.faike.com as accurately as possible; however, we cannot guarantee that your computer, tablet, or phone monitor can display the color accurately.
27. ERRORS AND INACCURACIES
We strive to provide complete, accurate and up-to-date information on www.faike.com. Unfortunately, we are not able to ensure that www.faike.com is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, omissions or inaccuracies. This includes making corrections after an order has been submitted - and to change or update information at any time without prior notice.
28. NO CONFIDENTIALITY
Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed non-confidential, and shall be the property of FAIKE, Inc., including worldwide rights in all intellectual properties.
29. INFORMATION ABOUT YOU AND YOUR VISITS TO WWW.FAIKE.COM
30. LINKING TO OUR SITE
31. LINKS FROM WWW.FAIKE.COM
Where www.faike.com contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.