The Flicksticker website located at https://flicksticker.com is a copyrighted work belonging to Flicksticker. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
SUBJECT TO THESE TERMS
flicksticker.com grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
flicksticker.com reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that flicksticker.com will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
NO SUPPORT OR MAITENCE
You agree that flicksticker.com will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
THIRD -PARTY LINKS & ADS
The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.
COOKIES AND WEB BEACONS
Like any other website, flicksticker.com uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
GOOGLE DOUBLE CLICK DART COOKIE
The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
APPLICABILITY OF ARBITRATION AGREEMENT
All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Kiev, Ukraine, 04210. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
All products sold in the online store Flicksticker are made of high quality materials from the world’s best manufacturers of lenticular lenses (USA), printed materials (Japan, Europe), paints (Japan, Germany), an adhesive layer (Europe, Asia). We use the best Japanese and German printing equipment. We always make sure that our products are of the highest quality and meet the requirements of the most demanding customers.
Please, when buying goods in the online store flicksticker.com, pay attention to the original photos of the stickers on the website. The product preview is a GIF file prepared in a graphic editor, it may slightly differ in clarity from the finished product. On ready-made lenticular stickers there is a moment when we see two frames at the same time, and when we change the viewing angle, the previous frame is replaced by the next. You can also see in the product gallery the original photos of the stickers used on the back of the smartphone.
Also, please note that the 2 mm white border on the stickers may deviate from the center, but not more than 0.5 mm. This deviation is permissible due to the technical features of the production.
Buyers in Ukraine, CIS, Europe, USA and other countries receive goods using the delivery services “Nova Poshta” (in Ukraine) or “Ukrposhta” (worldwide shipping service).
Delivery time is determined by the region of the buyer and is about 2 to 30 days.
Confirmation of the shipment occurs by notifying the buyer about the shipment and providing a bill of lading number or track number.
When delivering goods to other cities of Ukraine, CIS countries, Europe, the USA and other countries, performed by the Delivery Services (Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
The fact of receipt of the Goods and the absence of claims for the quality of the Goods delivered by the Delivery Services (Carrier Companies), the Buyer confirms with a signature on the consignment note, declaration, sales receipt, waybill of the Delivery Service (Carrier Company), or on the waybill, sales receipt upon receipt goods. For its part, the Seller guarantees the shipment of the goods to the Carrier Company in the amount specified and paid by the Buyer, in proper quality.
In the absence of the Buyer at the delivery address indicated by the Buyer in the order, or the Buyer refuses to receive the Goods for unreasonable reasons, upon delivery by the courier of the Delivery Service, the goods are returned to the Seller, in which case the Buyer pays the transport costs.
Delivery in Ukraine by the “Nova Poshta” service is paid additionally according to the tariffs by the “Nova Poshta” delivery service. The cost depends on the quantity and region of delivery. Delivery time in Ukraine is 2-5 days, depending on the locality.
The country where you receive the package or the delivery service in your country may impose additional taxes and fees. This information can be provided by your postal service.
RETURN AND EXCHANGE OF GOODS
The store makes a return or exchange of Goods in accordance with the following conditions and procedure:
In order to return the goods, the Buyer must contact the Seller by e-mail or by phone.
Return or exchange of good quality goods:
• It is possible to return or exchange goods of good quality that did not suit you, subject to the presentation and presentation of the sales receipt, within 7 days, not counting the day of purchase in accordance with the “Law on Consumer Protection”;
• Shipping costs are the responsibility of the buyer.
Return or exchange of goods of inadequate quality through no fault of the buyer (defective / defective):
• Exchange or refund upon presentation of a sales receipt is made within 7 days, excluding the day of purchase;
• Shipping costs are the responsibility of the seller.
Return of goods can be made:
• With the help of delivery services as agreed with the Seller.
• By post as agreed with the Seller.
Refund for goods:
• If all the necessary conditions are met, the money is returned on the day the seller receives the goods in some cases no later than 7 days (according to the law);
• Refunds are made by transferring to a bank card or to a non-cash account (in the case of a non-cash payment upon purchase).
Return or exchange of good quality goods that have lost their presentation due to the fault of the buyer is not made.
COPYRIGHT/ TRADEMARK INFORMATION.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Address: 8a, Heroiv Stalinhrada, ave. Kiev, Ukraine, 04210