Terms & Conditions
These Terms and Conditions regulate how every visitor may use this website (the “Site”). Because of that, they form a binding agreement between us and you, as a user of the Site (“you” or “user”).
We may make third-party tools available to you, and we neither supervise, control nor provide any input over those tools.
You recognise and accept that access to such tools is granted ”as is” and “as available”, with no warranty, representation or condition of any nature and with no endorsement whatsoever. We carry no liability of any kind arising out of, or connected with, your use of these optional third-party tools.
This website is run by Fanka. Across the Site, the words “we”, “us” and “our” mean Fanka. We make this website available to you — together with every piece of information, tool and service offered here — on the condition that you accept all of the terms, conditions, policies and notices set out below.
When you browse our Site and/or buy anything from us, you take part in our “Service” and accept the terms and conditions below (“Terms of Service”, “Terms”), including any further terms, conditions and policies mentioned here or reachable through a hyperlink. These Terms of Service cover every user of the Site, without limitation browsers, vendors, customers, merchants and/or contributors of content.
Please go through these Terms of Service attentively before you access or use our website. By accessing or using any portion of the Site, you agree to be bound by them. Should you disagree with any of the terms and conditions of this agreement, you may not access the website nor use any service. Where these Terms of Service are treated as an offer, acceptance is strictly limited to these Terms of Service.
Every new feature or tool added to the current store will likewise fall under these Terms of Service. The most recent version of the Terms of Service can be consulted on this page whenever you wish. We keep the right to update, amend or replace any part of these Terms of Service by publishing updates and/or changes on our website. Checking this page from time to time for changes is your responsibility.
This Service operates out of the United Kingdom. We make no assertion as to whether the Content may be downloaded, viewed or is suitable for use anywhere outside the United Kingdom. If you reach the Service or the Content from outside the United Kingdom, you do so on your own responsibility. Inside or outside the United Kingdom, ensuring compliance with the laws of your own jurisdiction is entirely up to you.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you state that you have reached at least the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have granted us permission for any of your minor dependents to use this Site.You must not transmit worms, viruses or any code of a destructive nature.
Any breach or violation of the Terms leads to the immediate termination of your Services.
You may not employ our products for any unlawful or unauthorised purpose, nor may you, while using the Service, break any law of your jurisdiction (copyright laws included, without limitation).
SECTION 2 - GENERAL CONDITIONS
We keep the right to deny service to anyone, for any reason, at any moment. You understand that your content (credit card details excluded) may travel unencrypted and may involve (a) transmissions across a range of networks; and (b) alterations made to conform and adapt to technical requirements of the networks or devices being connected. Credit card details are always encrypted while travelling over networks.The headings used throughout this agreement are there for convenience only and neither limit nor otherwise affect these Terms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, any use of the Service, any access to the Service, or any contact on the website through which the service is delivered, without our express written permission.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We take no responsibility if the information published on this Site turns out not to be accurate, complete or current. The material here is supplied for general information only and should not be relied on, nor used as the only basis for decisions, without first consulting primary, more accurate, more complete or more timely sources of information. Any reliance you place on the material of this Site is at your own risk.
This Site may hold certain historical information. Historical information is by nature not current and is supplied purely for your reference. We keep the right to change the contents of this Site whenever we wish, though we are under no obligation to update any information on it. You accept that keeping track of changes to our Site is your responsibility.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may change without prior notice. We keep the right, at any moment, to modify or discontinue the Service (or any part or content of it) without notice.
We carry no liability towards you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be offered exclusively online through the website. Such products or services can come in limited quantities and may only be returned or exchanged in line with our Return Policy.We keep the right, without being obliged to do so, to restrict the sale of our products or Services to any person, geographic region or jurisdiction. That right may be exercised case by case. We also keep the right to limit the quantities of any product or service we offer. Every description of a product and every product price may change at any moment without notice, entirely at our discretion. We keep the right to discontinue any product whenever we wish. Any offer made on this Site for any product or service is void where it is prohibited.
We give no warranty that the quality of any product, service, information or other material you buy or obtain will live up to your expectations, nor that every error in the Service will be corrected.
We have done everything we can to display the colours and images of the products shown in the store as faithfully as possible. We cannot guarantee that your computer monitor will display any colour accurately.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We keep the right to decline any order you place with us. At our sole discretion we may limit or cancel the quantities bought per person, per household or per order. Such restrictions can cover orders placed under the same customer account, with the same credit card, and/or orders sharing the same billing and/or shipping address. Whenever we change or cancel an order, we may try to notify you through the e-mail address and/or billing address/phone number given when the order was placed. We keep the right to limit or forbid orders that, in our sole judgement, look as though they were placed by dealers, resellers or distributors.Further detail is available in our Returns Policy.
You agree to supply current, complete and accurate purchase and account information for every purchase made at our store. You agree to keep your account and other details up to date without delay, including your e-mail address, credit card numbers and expiry dates, so that we can complete your transactions and reach you whenever necessary.
SECTION 7 - OPTIONAL TOOLS
Any use you make of the optional tools offered through the Site is entirely at your own risk and discretion, and you should make sure you are familiar with, and approve of, the terms under which those tools are supplied by the relevant third-party provider(s).
We may also, further ahead, introduce new services and/or features through the website (including the release of new tools and resources). Any such new feature and/or service will equally fall under these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services reachable through our Service may include material coming from third parties. Third-party links on this Site can send you to third-party websites that have no affiliation with us. We are not responsible for examining or evaluating their content or accuracy, we give no warranty and we accept no liability or responsibility for any third-party material or website, nor for any other material, product or service of third parties.
We are not answerable for any harm or damage connected with the purchase or use of goods, services, resources, content, or any other transaction carried out in connection with a third-party website. Please read the policies and practices of those third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be addressed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (contest entries, for instance), or if without any request from us you send creative ideas, suggestions, proposals, plans or other material, whether online, by e-mail, by postal mail or otherwise (together, 'comments'), you agree that we may at any time, with no restriction, edit, copy, publish, distribute, translate and otherwise use in any medium every comment you forward to us. We neither are nor shall be under any obligation (1) to keep any comment confidential; (2) to pay compensation for any comment; or (3) to reply to any comment.You agree that your comments will not infringe any right of any third party, copyright, trademark, privacy, personality or other personal or proprietary right included. You further agree that your comments will contain no libellous or otherwise unlawful, abusive or obscene material, and no computer virus or other malware capable of affecting in any way the operation of the Service or of any related website. You may not use a false e-mail address, pass yourself off as someone else, or otherwise mislead us or third parties about the origin of any comment. You alone are responsible for the comments you make and for their accuracy. We take no responsibility and assume no liability for comments posted by you or by any third party.
We may, though we are under no obligation to, monitor, edit or remove content that we judge at our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or to infringe any party’s intellectual property or these Terms of Service.
SECTION 10 - PERSONAL INFORMATION
Any personal information you submit through the store is handled according to our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Now and then our Site or the Service may carry information containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We keep the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders if any information in the Service or on any related website proves inaccurate at any moment without prior notice (including after you have submitted your order).
We take on no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except where the law requires it. No specified update or refresh date shown in the Service or on any related website should be read as an indication that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
On top of the other prohibitions listed in the Terms of Service, you are forbidden from using the Site or its content: (a) for any unlawful purpose; (b) to invite others to carry out or take part in any unlawful act; (c) to breach any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or those of anyone else; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the grounds of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other kind of malicious code that will or may be used in a way affecting the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to gather or track other people’s personal information; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or bypass the security features of the Service or of any related website, other websites or the Internet. We keep the right to terminate your use of the Service or of any related website if you breach any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or free of error.You accept that from time to time we may withdraw the service for indefinite periods or cancel it altogether, without notice to you.Under no circumstances shall this store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damage of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any comparable damage, whether based on contract, tort (negligence included), strict liability or otherwise, arising out of your use of the service or of any product obtained through the service, or connected in any way to your use of the service or of any product, including but not limited to any error or omission in any content, or any loss or damage of any kind suffered as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even where their possibility was pointed out. Because certain states or jurisdictions do not permit excluding or limiting liability for consequential or incidental damages, in those states or jurisdictions our liability is limited to the fullest extent the law allows.
You expressly accept that your use of, or inability to use, the service is at your own risk. The service and every product and service delivered to you through it are (unless expressly stated otherwise by us) supplied 'as is' and 'as available' for your use, with no representation, warranty or condition of any kind, express or implied, including every implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
We give no warranty that the results obtained from using the service will be accurate or reliable.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless this store and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim or demand, reasonable attorneys’ fees included, brought by any third party because of, or arising out of, your breach of these Terms of Service or of the documents they incorporate by reference, or your violation of any law or of the rights of a third party.
SECTION 15 - SEVERABILITY
Should any provision of these Terms of Service be found unlawful, void or unenforceable, that provision will nevertheless be enforced to the fullest extent the applicable law permits, and the unenforceable portion will be considered severed from these Terms of Service, such a finding having no effect on the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities that the parties incurred before the termination date survive the termination of this agreement for every purpose.If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may equally terminate this agreement at any moment without notice, you remaining liable for all amounts due up to and including the termination date; and/or we may accordingly deny you access to our Services (or to any part of them).
These Terms of Service remain in force unless and until either you or we terminate them. You may terminate these Terms of Service at any moment by letting us know that you no longer wish to use our Services, or simply by ceasing to use our Site.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not amount to a waiver of that right or provision.
These Terms of Service, together with any policy or operating rule we publish on this Site or in respect of the Service, make up the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreement, communication and proposal, oral or written, between you and us (including, but not limited to, any earlier version of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - CHANGES TO TERMS OF SERVICE
The most recent version of the Terms of Service can be consulted on this page whenever you wish. We keep the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by publishing updates and changes on our website. Checking our website from time to time for changes is your responsibility. Continuing to use or access our website or the Service after changes to these Terms of Service have been published means you accept those changes.
SECTION 19 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at contact@fankashop.com.