Terms of use

FIKA WALLART™

Terms of USe

SECTION 1: OVERVIEW

This website (the “Site”) is operated by Verde Fastframe Inc.™ (“Fika Wallart” or “Fika”). Throughout the Site, the terms “we”, “us” and “our” refer to Fika Wallart, and the terms “you” and “your” refer to the visitor to the Site or user of the services available through it.

By visiting the Site and/ or purchasing something through the Site, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Service” or “Terms”). The Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of images or other content.

Please read the Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by the Terms of Service. If you do not agree to all the Terms of Service, then you may not access the Site or use any Services. If your access to or use of the Site or any Services is considered an offer, our acceptance is expressly subject to the Terms of Service.

Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on or through the Site. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 2: ONLINE STORE TERMS

By purchasing something or providing us with information through the Site, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

We may immediately terminate your use of or access to the Site and Services without notice for any breach or violation of any of the Terms.

SECTION 3: USE OF SERVICES/GENERAL CONDITIONS

Fika Wallart allows you to upload your own images or use our own stock photos and images to create your own canvas. Images that you upload are referred to as “User Content”. Our images and stock photos are referred to as “Fika Content”.

Upon your acceptance of these terms and payment of all applicable fees, Fika grants you a limited, personal, non-exclusive licence to use the Services and Fika Content (collectively the “Fika Intellectual Property”), for your own personal use and not for resale or further distribution. Your right to use the Fika Intellectual Property is limited by all terms and conditions set forth in these Terms of Service. You agree that You may not use the Fika Intellectual Property for any purpose other than as expressly permitted by these Terms of Service.

Except for this license granted to you, Fika and its licensors retain all right, title and interest in and to the Fika Intellectual Property, including all related intellectual property rights. The Fika Intellectual Property is protected by applicable intellectual property laws, including Canadian and U.S. copyright law and international treaties. All rights not expressly granted are reserved by Fika and/or its licensors.

You agree that You will use the Services only for lawful purposes. You acknowledge that Fika may terminate the Services immediately, without any notice and without any liability by Fika to You whatsoever, if, at the sole discretion of Fika, You or any User misuses or permits others to misuse or abuse any Service for purposes that are contrary to applicable law or contrary to these terms (including section 18 (Prohibited Uses)) Your breach of the license restrictions with respect to the Fika Intellectual Property; or if Fika has to preserve the integrity of its network, or comply with applicable laws.

You are liable for any and all use of the Services, and You remain solely responsible for all use of Service utilized through Your account, for determining who is authorized to use Your Service, and for promptly notifying Fika of any unauthorized use. You agree to indemnify and hold harmless Fika against any and all fees, charges, damages, liability, costs and expenses (including reasonable legal counsel fees, as applicable) associated with such use.

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, reverse engineer or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site, without express written permission by us.

The headings used in the Terms are included for convenience only and will not limit or otherwise affect the Terms.

SECTION 4: USER CONTENT/ACCEPTANBLE USE

You agree that Fika Wallart is not responsible for the quality of the images you upload. Not every image is suitable for a canvas print up to a certain size or in a certain format.

Acceptable Formats: JPG (High Resolution JPEG), or TIFF (High Resolution TIFF). Vector files can be submitted at any size that is in proportion to your canvas size as it is scalable. Minimum resolution is 100dpi at final size.

You agree that you alone are responsible for making sure that the quality of the image you are uploading is high enough quality to be satisfactory to you at the size you select on the canvas you are purchasing and for your choice of format of your canvas print. Images are created and stored in a variety of ways and you agree that Fika Wallart is not responsible for ensuring quality images for any image file format available on the Site.

You agree that you will not transmit, submit or upload any User Content or act in any way that restricts or inhibits use of the Site and/or Services. You must ensure that, and you represent and warrant that, any User Content or other material that you upload (a) does not violate the legal rights of others; (b) does not infringe (or result in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party; (c) is not stolen, illegal, counterfeit, fraudulent, pirated, unauthorized, or violent, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, (d) does not involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (e) complies with all applicable laws, rules and regulations; (f) does not impose an unreasonably or disproportionately large load on our infrastructure; (g) does not contain any virus, worm, Trojan horse, malware or other harmful or disruptive component; and (h) does not contain, or offer or solicit anything that contains material that we determine, in our sole and absolute discretion: (1) is offensive (including without limitation material promoting or glorifying hate, violence, bigotry, or any entity past or present principally dedicated to such causes or items associated with such an entity), (2) is racially or ethnically insensitive, defamatory, harassing or threatening, (3) is pornography or obscene or depicts children in sexually suggestive situations whether or not depicting actual children, (4) may be harmful to a minor, or (5) encourages conduct that may be considered a criminal offense, may give rise to civil liability, may violate any law or regulation or is otherwise inappropriate or offensive.

By submitting User Content to Fika Wallart, you consent to use of your likeness as contained in such User Content, and you warrant and represent that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Content to the use of his or her likeness. This written release includes the right to use such individual’s likeness in the manner contemplated in these Terms. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from that individual’s parents or guardians. You agree that you will not submit to Fika Wallart any User Content containing any likeness of any identifiable individual unless you have obtained a consent, release and/or permission as described in this paragraph.

You understand that all User Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SECTION 5: OUR USE OF YOUR USER CONTENT

5.1 Rights Granted to Fika Wallart

You hereby grant to Fika Wallart and its parents, affiliates, subsidiaries, agents and vendors a perpetual, irrevocable, royalty-free, worldwide right to copy, display, modify, distribute, transmit, and make derivative works of your User Content solely for the following purposes: (a) providing Services to you; (b) showing how the User Content would appear In a canvas offered by Fika Wallart; and (c) improving the Services (including without limitation providing customer support, technical support and vendor fulfillment).

5.2 Use of your User Content

You acknowledge that we will need to work with your User Content in order to provide you with our Services and products. For example, and without limitation, we will copy, and we may need to display and/or modify, as well as stream, upload, post, publish, display, email or otherwise transmit and use (hereinafter, “Use”), your User Content when making the product, and we will distribute your User Content when shipping the product to you. By the license granted above, you are giving us permission to do this and will not charge us any royalty.

5.3 Declaration of Ownership or Rights

You represent and warrant to Fika Wallart that (i) you either own the User Content you submit or have all rights required to make such User Content available to us for the provision of Services, and (ii) such User Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, trademark, trade secret right or other intellectual property or other proprietary or privacy right of any third-party. You retain all your copyright and other intellectual property rights, if any, in User Content, subject to the rights granted to us under the Terms of Service.

5.4 Color Matching

You may view Fika Wallart products through your computer screen or “monitor”. Your monitor may be configured to display images and colors in a variety of ways. There is no true uniform standard to which all monitors may conform. What may look one way on one monitor, will look different on another, and Fika Wallart™ products may not give the same visual experience as viewing the images on your monitor. You agree that Fika Wallart™ does not guarantee that the colors on the purchased product will look the same as they appear on your monitor.

SECTION 6: MODIFICATIONS

Prices for our Services and products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services or products (or any part thereof) without notice at any time.

We reserve the right to modify the Site and the information it contains at any time by posting the modified version on the Site. Any such modification is effective upon posting. You agree that it is your responsibility to monitor changes to the Site.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or products.

SECTION 7: PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy (see below).

We have made every reasonable effort to display as accurately as possible the colors and images of our products that appear at our online store. We print colors true to the photo specifications and cannot alter original artwork. See also Section 5.4 (Color Matching) above.

We reserve the right, in our sole and absolute discretion, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products, Services or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on the Site is void where prohibited.

SECTION 8: ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site.

SECTION 9: CANCELLATIONS AND CHANGES TO YOUR ORDER

Fika Wallart provides various opportunities for you to review, revise and cancel an order before completing the placement of your order. You agree that Fika Wallart is not responsible for reviewing, revising or canceling orders at any time, before or after your proof has been approved. A Fika Wallart employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so. By approving your proof, you agree that you have reviewed your order, that no further additions, corrections or changes need to be made and that your order is final as is. If you request that an order be cancelled after it is submitted, Fika Wallart has sole and absolute Fika Wallart provides various opportunities for you to review, revise and cancel an order before completing the placement of your order. You agree that Fika Wallart is not responsible for reviewing, revising or canceling orders at any time, before or after your proof has been approved. A Fika Wallart employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so. By approving your proof, you agree that you have reviewed your order, that no further additions, corrections or changes need to be made and that your order is final as is. If you request that an order be cancelled after it is submitted, Fika Wallart has sole and absolute discretion whether to do so. If Fika Wallart does so and you already have made payment for the order, Fika Wallart will, in its discretion, (i) give you a credit for the purchase price to be used on the Site for the purchase of another product or Service offered by Fika Wallart, or (ii) issue a refund of the purchase price (less any administrative fees and/or shipping cost, as determined by Fika Wallart) by check or any other appropriate method selected by Fika Wallart in its discretion, including but not limited to refund of electronic payments. To cancel an order, email us at info@fikawallart.com and provide the full contact information of the person who placed your order following the order number. Please note: we are not able to provide cancellations for any graphic prints where cancellation is received 24 hours or more after the order was submitted. We begin to develop the artwork shortly after orders are received. Regrettably, we are not able to make changes to existing orders. To change an order, you must cancel your existing order within 24 hours (see above) before placing a new order.

SECTION 10: CANCELLATION BY FIKA WALLART

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt, but are not obligated, to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Fika Wallart reserves the right to cancel any order prior to delivery at our sole and absolute discretion, whether or not you have already been charged. If your order is cancelled pursuant to this paragraph, and you have already been charged, Fika Wallart will automatically issue a refund to you.

SECTION 11: RETURN PROCESS

All sales are final. All amounts paid are non-refundable.

Damaged or defective products may be returned for repair or replacement during the warranty period set out in Section 19 as follows:

Take a digital photo of the damaged or defective item*; include a photo of the box if it was also damaged.
Attach your digital photos to an email and send them to: info@fikawallart.com
Be sure to include the full name on the order, item name, and a brief description of the damage.
You will receive an email within 1-2 business days with a return waybill so that you may return the damaged or defective product.

*If the damage or quality issue is not apparent in the printed image, we may request that you provide additional information.

SECTION 12: SHIPPING

During normal operation timeframes, orders will be ready to ship within 8 business days. Standard shipping and handling timelines are dependent on selected freight carrier and approved service level. Generally, shipping transit times within Canada would be 5-8 business days. If a scheduled mail date falls on a Saturday, Sunday or holiday, the ship date will shift to the next regularly scheduled ship day.

SECTION 13: OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. We may discontinue access to such tools at any time and without notice, at our sole discretion.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 14: THIRD-PARTY LINKS

Links to other websites and services contained on the Site are provided for your convenience only. If you choose to access such websites or services, please review their terms of use and privacy policies carefully. Fika Wallart does not endorse such websites or services, has no responsibility for or control over them or their content, policies and practices, and is not liable whatsoever for any loss or damage associated with your access or use of them or for any transaction that you may enter into. All such access and use, and any such transaction, is entirely at your own risk.

SECTION 15: FEEDBACK AND OTHER SUBMISSIONS

Subject to our obligations with respect to personal information, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any creative ideas, suggestions, proposals, plans, or other materials (collectively “feedback”) that you forward to us, whether online, by email, by postal mail, or otherwise. We are and shall be under no obligation (1) to maintain any feedback in confidence; (2) to pay compensation for any feedback or for any use made of it; or (3) to respond to any feedback.

SECTION 16: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 17: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be typographical errors, inaccuracies or omissions on the Site that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability or other items. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site.

SECTION 18: PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on 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 type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to create an official logo, company name or trademark; (ii) for pornographic purposes; (l) to create items or products to promote racism or other discriminiatory practices; that could embarrass Fika or its licensors; (m) for the use, demonstration and post of materials in a way that would lead to the conclusion that Fika or its licensors approve or endorses the items or services of any venture or tademark; or (n) to interfere with or circumvent the security features of the Services, the Site or any other websites, or the Internet. In addition to all other remedies available to as at law or equity, we reserve the right to terminate your use of the Services for violating any of the prohibited uses.

SECTION 19: WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY

We will repair or replace any damaged or defective item that is returned to us within thirty (30) days after we shipped the item to you, provided that you return the item using the return process set out in Section 11. Except for the warranty set out in the preceding sentence, we expressly disclaim all representations, warranties and conditions of any kind, either express or implied, including without limitation all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fika Wallart, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any of the Services or any products ordered or procured through the Site, or for any other claim related in any way to your use of the Site, the Services or any such product, including, but not limited to, any errors or omissions on the Site, even if advised of the possibility of such damages. Our total liability in respect of any claim will not exceed the amount that we received from you for the Service or product related to the claim.

SECTION 20: INDEMNIFICATION

You agree to indemnify and hold harmless Fika Wallart and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your User Contet, your use of the Fika Intellectual Property, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 21: SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity or enforceability of any other remaining provisions.

SECTION 22: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination of your access to or use of the Site and Services shall survive such termination for all purposes. Without limitation, you will remain liable for all amounts due up to and including the date of termination.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may without notice deny you access to our Services (or any part thereof).

SECTION 23: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us with respect to your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24: GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any rules governing conflicts of laws. You agree that the courts of the Province of Ontario will have jurisdiction over any dispute relating to the Site, the Services or any product made available through the Site.

SECTION 25: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting a revised copy of the Terms of Service on the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@fikawallart.com.