Terms and conditions
Welcome to FingerFlicks!
These terms and conditions, refered to as “TC” outline the rules and regulations for the use of FingerFlicks’s Website, located at www.fingerflicks.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use FingerFlicks if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person using this website and compliant to the Company’s terms and conditions.
“Seller”, “The Company”, “Ourselves”, ”Us” and “We”, refers to us, the Company FingerFlicks hosting www.fingerflicks.com.
“Our”, “Party” or “Parties” refers to both the Client and ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Denmark. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
These TC of the company shall apply to all contracts concluded between the Client, being a consumer or trader and the Seller related to all goods and services provided on the webshop of www.fingerflicks.com.
Conclusion of the contract between client and seller
Viewed product descriptions on the webshop of the Seller do not account for binding offers on part of the Seller, but are shown for the purpose of setting forth a binding offer by the Client.
The Client has the opportunity to offer and order through the webshop order form integrated into the webshop of the Seller. After goods or services have been added to the virtual shopping basket of the webshop and been through the steps of ordering and clicking the order button completing the order, the Client is submitting a legally binding offer of contract related to goods and services contained in the virtual shopping basket. Orders can also be placed through email.
Seller may accept the offer of the Client within 7 days by:
– Sending an order confirmation via email or,
– Delivering the ordered goods to the Client or,
– Send a request to the Client to pay after an order has been placed.
The contract between Seller and Client will be concluded by the point in time any of the mentioned actions apply.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller choose to not accept the offer of the Client within the mentioned time frame, the Client is no longer bound by the previously sent offer.
When an order is submitted through the webshop, the contract is stored by the Seller after the contract has been concluded and sent to the Client via email after the order has been placed.
Before the Client is completing an order through the webshop, the Client may identify input errors by reading the information shown on the site thoroughly. The zoom function of the chosen browser can be an effective method for better identifying input errors.
The Client has the opportunity to correct input errors during the ordering process until the Client clicks the final button completing the order.
The English language is the only language available for the concluded contract.
Fulfilling orders and contact usually is done through email and the webshop fulfillment process. It is the responsibility of the Client to ensure that the provided email while ordering is accurate, meaning that the Client is able to receive emails sent by Seller at the provided email address. It is also the responsibility of the Client in case spam filters are enabled, that emails sent by the Seller or third parties commissioned by the Seller in relation to the order processing can be received.
Right to cancel
Clients have the right to cancel a concluded contract within 14 days without giving any reason.
The period of cancellation expires after 14 days from the day which the Client acquires, or a third party other than the carrier indicates the Client acquires the physical possession of the goods.
To cancel your order, please inform us by using our contact form before the period of cancellation expires.
Results of cancellation
Should the Client choose to cancel a given contract (order), we will refund all payments from the Client, including cost of delivery (except for supplementary costs due to selecting a shipping method other than the cheapest available shipping method offered by the Seller) no later than 14 days after the day on which the Seller has been informed about the Clients decision to cancel. Seller may make a deduction from the refund for loss of value of any of the supplied goods, if the loss is a result of improper handling by the Client. Seller will refund using the same means of payment as the Client has used for the initial transaction, unless the Client has expressed otherwise. The Client will not have any fees as a result of the refund.
Conditions of cancellation
We might withhold the refund until purchased goods by the Client has been received, or until the Client has sent proof of shipping of the goods.
The Client shall not send back the goods with undue delay, and shall not exceed the 14 days from the day which cancellation of the contract has been communicated to us. Should you send the goods back before the expiration of the 14 days, the deadline has been met. The Client bears the direct cost of returning the goods.
The Client is only liable for any reduced value of the goods as a result of handling other than what is necessary to use the goods to function.
Please handle the goods properly and try to prevent any damage or contamination of the goods. If possible, please return the goods in its original packaging with all included accessories Please use extra protective packaging if necessary. If the original packaging is no longer available, please add other packaging that suits and protects the goods adequately against potential transport damage. This general information is not a precondition for the Client to exercise the right to cancel.
If the Client wishes to cancel a contract, please send us an email asking for which address to return the goods to and include the following information in the returning shipment: Order number, name of consumer and address of consumer.
Payment conditions and prices
The prices of the Seller’s products are including taxes unless otherwise stated in the product description. Payments can be made through one of the available payment options on the Seller’s online shop.
Delivery to countries outside the European Union may have additional costs added, for which the Seller is not responsible and has to be paid by the Client. Examples of these costs could be customs import taxes, bank transfer fees and exchange fees.
Conditions of shipment and delivery
Generally goods are delivered on a dispatch route and final destination address given by the Client, unless agreed otherwise. The delivery address given by the Client in the order processing of the Seller is decisive.
Should the goods be returned to the Seller by the used shipping company, due to delivery to the Client not being possible, the Client is responsible for the costs associated for the unsuccessful delivery. This will not apply in case of the Client exercises his or her right to cancel the contract effectively, if the delivery cannot be completed as a result of conditions beyond the control of the Client or if he or she has been temporarily hindered to be receiving the goods, unless the Seller has notified the Client about the shipping of goods for a reasonable time in advance. Collection of goods as pickup is not available for logistical reasons. Vouchers and newsletters will be sent to the Client by email or post.
Preservation of Property Rights
If delivery has been provided in advance by the Seller, the Seller remains the entitlement of ownership for the delivered goods until the owed price of the goods has been fully paid.
In case of a purchased object being deficient, lawful provisions apply. Deviation of this regarding goods that have been used: If the defect does not occur until one year after delivery of the goods the claim is excluded. Defects occurring within a one year period of delivery of goods can be considered within the lawful limitation period. The inclusion does not apply to a product, which was not used in a way for the normal usage.
Any Client is asked to notify the transport carrier about any transport damage done to the delivery as well as the Seller. Should the Client fail to comply with this, it will not affect the lawful claims for defects.
Redeeming promotional vouchers
The Seller may issue promotional vouchers to the Client with no monetary charge, for a specified period of validity in connection with promotions which are not able to be purchased by the Client (referred to as “promotional vouchers”) is only redeemable in the webshop of the Seller within the time period indicated. Certain products may be excluded from promotional voucher campaigns. No more than one promotional voucher can be redeemed per order.
The value of the goods should at least meet the discount of the promotional voucher if not providing a percentile discount. The remaining discount will not be refunded by the Seller. If the total value of the promotional voucher is not enough to cover the entire cost of the order, the Client may pay the remaining cost through one of the available payment methods on the Seller’s webshop.
The promotional voucher is not redeemable in cash and is not subject to any interest. The promotional voucher will not be redeemed if the Client chooses to return goods fully or partially paid by a promotional voucher. Promotional vouchers are only intended for use by the person given the voucher. Giving the promotional voucher to a third party is not allowed. The Seller is entitled but not obliged to check the entitlement of the owner of the promotional voucher.
The law of Denmark shall apply to all legal relationships between parties under exclusion of the laws governing the international purchase of movable goods. For Clients this law of choice only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Client has residence.
Regarding rights to cancel, this choice of law does not apply to Clients who are not members of the European Union at the same time of the conclusion of contract and whose place of residency and delivery address are outside the European Union at the same time of the conclusion of contract.
Country of Jurisdiction
Should it happen that the Client is a business, a legal entity of public law or a separate estate under public law seated in the territory of Denmark, the country of the Seller’s business shall be the place of jurisdiction for all legal disputes arising from this contract. In case of the Client being located outside the territory of Denmark, the country of the Seller shall be the place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the professional or commercial activities of the Client. In any case, the Seller is entitled to call the court responsible for the seat of the Client.
Alternative dispute resolution
The EU Commission provides the ODR platform on the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
This website shall be the only point of entry for resolutions of disputes which does not happen in court regarding online sales and service contracts concluded between consumers and traders.
The Seller is not obliged or prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
Unless otherwise stated, FingerFlicks and/or its licensors own the intellectual property rights for all material on FingerFlicks. All intellectual property rights are reserved. You may access this from FingerFlicks for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from FingerFlicks.
- Sell, rent or sub-license material from FingerFlicks.
- Reproduce, duplicate or copy material from FingerFlicks.
- Redistribute content from FingerFlicks.
This Agreement shall begin on the date hereof.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of FingerFlicks; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to FingerFlicks through our contact formula. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 1-2 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of FingerFlicks’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment through our contact formula. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.