This website offers consumers a convenient way to find, learn about, and purchase products from Fekkai (“we”,” us”, or “our”). We provide this website (the “Site”) subject to the terms and conditions (“Terms and Conditions”) set forth herein (the “Agreement”). The Terms and Conditions of this Agreement apply whether you are just visiting the Site or are a registered Account user (as described below). By using the Site and/or by purchasing a product on the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by all of these Terms and Conditions. If you do not agree to all of the terms set forth in this Agreement, please do not use the Site.
1. Modification of this Agreement
We may modify this Agreement or other policies set forth on the Site from time to time. When we modify this Agreement, we will update the “Last Updated” line above. It is your responsibility to regularly review this Agreement. Your use of the Site following the posting of an updated Agreement constitutes your acceptance of such updated Agreement.
If any part of this Agreement is found to be invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of this Agreement.
4. Your Account
The use of certain services on the Site requires the user to have established a user account (an “Account”). There is no charge to establish or maintain an Account, and an Account is required to make a purchase from the Site. In order to establish an Account, you must:
You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
We reserve the right to terminate any Account and/or refuse to complete any transaction at any time in our sole discretion, including without limitation for any failure to comply with these Agreement, any fraud or abuse, or any misrepresentation that you or anyone using your Account may make to us.
5. Payment Options
We currently accept the following payment methods:
6. Making a Purchase
If you wish to purchase products or use certain services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when the item you purchased is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Tax is collected only on orders shipped to Florida.
We only sell products to individuals who can purchase with a permitted payment method.
You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
7. Order Acceptance Policy
The advertisement of any product on this Site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed are subject to additional credit verification. We may also require additional verifications or information before shipping any order.
8. Order Limitation Policy
Given the popularity of some products, we reserve the right to limit the quantities of items that can be purchased.
9. Pricing and Availability
All prices and availability of products are subject to change without notice, up until the order is completed and confirmed. We make every effort to provide you the most accurate information on pricing and availability. In addition, some of the items on our Site may be incorrectly priced or no longer available at the time you place your order.
In the event a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.
If an item you have ordered is not available because it is temporarily out of stock, we will handle the issue as described in our Backorder Policy. If we do not believe that we will be able to fill your order at any time (such as, for example, if the product has been discontinued), we will notify you of the same by email and we will cancel your order for that item.
10. Product Descriptions
We strive to be as accurate as possible in our product description. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. If a product offered by us is not as described, your sole remedy is to return it unopened in its original packaging in accordance with the Return Policy and Return Procedures.
11. Shipping and Delivery
Orders will only be shipped to addresses within the 50 states of the United States of America. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
Our preferred shipping carrier is UPS. However, we reserve the right to use other shipping carriers. We are unable to ship to P.O. Boxes. All items must be shipped to a valid street address.
Shipping charges are based upon the shipment option you select at checkout. The following shipping options are available. Not all shipping methods are available in all geographic areas, see www.ups.com for details:
A. Standard Delivery: (5-8 Business Days)
Orders are typically delivered within 5-8 business days after shipment. Actual delivery time depends on shipping distance and may vary. Delivery to some remote addresses may require up to two (2) additional days. See www.ups.com for additional details.
B. Express Delivery: (2 Business Days)
Orders are typically delivered by the end of the second business day after they are shipped.
Your order will be shipped after your credit has been approved and/or any other necessary verification has been completed. To be shipped the same day, your order must be submitted and such approval and verifications completed by no later than 1:30pm Eastern/10:30am Pacific. All other orders will be shipped on the day that credit approval and/or other verifications are completed, unless the same takes place after 1:30pm Eastern/10:30am Pacific, in which case the order will be shipped on the following business day. Some locations in Alaska, Hawaii and remote areas may require additional transit time. See www.ups.com for additional details.
C. Rushed Delivery: (1 Business Day)
Orders are typically delivered by 3:00 pm (Local Time) the next business day after they are shipped. Shipments to rural addresses are typically delivered by 4:30 pm (Local Time) the next business day after they are shipped. Rushed delivery is available for shipments to addresses within the 48 contiguous states and to limited addresses in Alaska and Hawaii.
Your order will be shipped after your credit has been approved and/or any other necessary verification has been completed. To be shipped the same day, your order must be submitted and such approval and verifications completed by no later than 1:30pm Eastern/10:30am Pacific. All other orders will be shipped on the day that credit approval and/or other verifications are completed, unless the same takes place after 1:30pm Eastern/10:30am Pacific, in which case the order will be shipped on the following business day. See www.ups.com for additional details.
12. Returns and Refunds
We want to ensure your complete satisfaction so we will happily accept returns in accordance with the following Return Policy:
A. Defective, damaged or incorrect items:
B. Other returns:
C. Refunds Procedures.
To return an item:
D. Refunds Procedures
If you are entitled to a refund in connection with a return, the following conditions will apply:
13. Backorder Policy
Although we make every attempt to have items in stock, occasionally items may be temporarily out of stock. If any item in your order is out of stock and we will be unable to ship it to you within 30 days of the date of your order, we will notify you of the delay, and you will have the opportunity to cancel the order and receive a refund if you wish by following the directions specified in the notice. If the item remains out of stock for a period of 60 days from the date of your order, we will cancel the order for the item, unless you request that we keep the order open and fill it later. If you receive a cancellation notification and would like us to keep the order open, please contact us by following the directions specified in the notice.
This Site is provided without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. We do not warrant that the use of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that this Site, server(s), or advertised or hyperlinked sites will be accessible at all times. We do not warrant or make any representations regarding the use of this Site or any information contained therein with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access this Site. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.
Documents, information, graphics and other materials appearing at this Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics or other materials is at your own risk.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.
15. Limitation of Liability
Under no circumstances shall Fekkai, its partners, contributors, agents, employees, or affiliates be liable for any direct, indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of or inability to use this Site or due to your reliance on any of the content contained or the services provided on this Site.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.
16. Governing Law
You agree that all matters relating to your use of Fekkai’s Site and the purchase of any Fekkai product from this Site will be governed by the laws of the United States and the State of New York, without regard to its conflict of laws provisions. You agree to personal jurisdiction by and venue in state and federal courts in New York, New York.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 19.
17. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
In order to expedite and control the cost of disputes, you and Fekkai agree that any legal or equitable claim relating to use of this Site or the purchase of any Fekkai product from this Site (referred to as a “Claim”) will be resolved as follows:
A. INFORMAL RESOLUTION:
You and Fekkai will first attempt to resolve any Claim informally. In the event that any dispute between Fekkai and you arises out of or relates to these Terms and Conditions, the applicability of these Terms and Conditions to the use of any Fekkai Site, or purchase of any Fekkai products from this Site, or to breach or enforcement, interpretation or validity of these Terms and Conditions, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice by email describing the dispute to: email@example.com
B. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms and Conditions, the applicability of these Terms and Conditions as to the use of any Fekkai Site, or the purchase of any Fekkai products from this Site, or to breach or enforcement, interpretation or validity of these Terms and Conditions, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act.
If you and Fekkai cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and Fekkai understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Fekkai each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions as a court would.
The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms and Conditions. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, Fekkai agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and Fekkai agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and Fekkai both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Fekkai must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:
JAMS to your local JAMS office or to JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018.
(3) Send one copy of the Demand for Arbitration to the other party.
Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Fekkai shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Fekkai agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms and Conditions, you may assert an individual Claim in small claims court in lieu of Arbitration.
18. LIMITED TIME TO FILE CLAIMS
You agree that you will assert any Claim arising out of your use of any Fekkai Site or the purchase of any Fekkai product from this Site within one (1) year after the Claim arises, or such Claim will be barred.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 18.
19. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 14, 15, 16, and 18 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Fekkai reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Subsection 17(B) (“Formal Resolution by Arbitration/Class Action Waiver”).