Welcome to www.flukycart.com (the "Flukycart.com site"). Flukycart.com., Inc., and/or its affiliates ("Flukycart.com") provide website features and other products and services to you when you visit or shop at the Flukycart.com site, use Flukycart.com products or services, use Flukycart.com applications for mobile, or use software provided by Flukycart.com in connection with any of the foregoing (collectively, "Flukycart.com Services"). Flukycart.com provides the Flukycart.com Services subject to the following conditions.
By using Flukycart.com Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Flukycart.com Services, and sometimes additional terms may apply. When you use an Flukycart.com Service, you also will be subject to the guidelines, terms and agreements applicable to that Flukycart.com Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Flukycart.com Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Flukycart.com site or through other Flukycart.com Services, such as our Message Centre. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Flukycart.com Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of Flukycart.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Flukycart.com Service is the exclusive property of Flukycart.com and protected by Canadian and international copyright laws.
Click here to see a non-exhaustive list of Flukycart trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Flukycart.com Service are trademarks or trade dress of Flukycart.com, Inc., or its affiliates, in the United States and other countries. Flukycart.com, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Flukycart.com, Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Flukycart.com, Inc. or its affiliates. All other trademarks not owned by Flukycart.com, Inc. or its affiliates that appear in any Flukycart.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Flukycart.com or its affiliates.
One or more patents owned by Flukycart.com apply to the Flukycart.com Services and to the features and services accessible via the Flukycart.com Services. Portions of the Flukycart Services operate under license of one or more patents.
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Flukycart.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Flukycart.com Services. This licence does not include any resale or commercial use of any Flukycart.com Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Flukycart.com Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Flukycart.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No Flukycart.com Service, nor any part of any Flukycart.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Flukycart.com. 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 Flukycart.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Flukycart.com's name or trademarks without the express written consent of Flukycart.com. You may not misuse the Flukycart.com Services. You may use the Flukycart.com Services only as permitted by law. The licenses granted by Flukycart.com terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Flukycart.com Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Flukycart.com does sell products for children, but it sells them to adults who can purchase products with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the Flukycart.com Services only with involvement of a parent or guardian. Flukycart.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Flukycart.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Flukycart.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Flukycart.com and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Flukycart.com for all claims resulting from content you supply. Flukycart.com has the right but not the obligation to monitor and edit or remove any activity or content. Flukycart.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of loss and title for items purchased from Flukycart.com pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.
Flukycart.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Flukycart.com does not take title to the refunded item.
Flukycart.com attempts to be as accurate as possible. However, Flukycart.com does not warrant that product descriptions or other content of any Flukycart.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Flukycart.com itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on the Flukycart.com site and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on the Flukycart.com site.
With respect to items sold by Flukycart.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than Flukycart.com operate stores, provide services, or sell product lines through the Flukycart.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Flukycart.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE FLUKYCART.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLUKYCART SERVICES ARE PROVIDED BY FLUKYCART.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLUKYCART.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FLUKYCART.COM SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLUKYCART.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FLUKYCART.COM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLUKYCART.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. FLUKYCART.COM DOES NOT WARRANT THAT THE FLUKYCART.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLUKYCART.COM SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM FLUKYCART.COM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLUKYCART.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FLUKYCART.COM SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FLUKYCART.COM SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.