Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Flim Flam Shop. The collective work includes works that are licensed to The Flim Flam Shop. Copyright 2003, The Flim Flam Shop ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Flim Flam Shop or purchasing The Flim Flam Shop products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Flim Flam Shop or to purchase The Flim Flam Shop products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Flim Flam Shop. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks All trademarks, service marks and trade names of The Flim Flam Shop used in the site are trademarks or registered trademarks of The Flim Flam Shop
Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Flim Flam Shop disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Flim Flam Shop does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Flim Flam Shop does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability The Flim Flam Shop shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Flim Flam Shop has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors In the event that a The Flim Flam Shop product is mistakenly listed at an incorrect price, The Flim Flam Shop reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Flim Flam Shop reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Flim Flam Shop shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Flim Flam Shop without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice The Flim Flam Shop may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Flim Flam Shop.
Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Flim Flam Shop products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Flim Flam Shop products) must be commenced within one (1) year after the claim or cause of action arises. The Flim Flam Shop's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Flim Flam Shop may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Flim Flam Shop or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer The Flim Flam Shop does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Flim Flam Shop is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Flim Flam Shop reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Flim Flam Shop in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless The Flim Flam Shop, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links In an attempt to provide increased value to our visitors, The Flim Flam Shop may link to sites operated by third parties. However, even if the third party is affiliated with The Flim Flam Shop, The Flim Flam Shop has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Flim Flam Shop. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Flim Flam Shop seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Damaged or Faulty ItemsAll items are sold with a Warranty
that ensures what you ordered is received by you in good working order
and is able to be used as intended by the manufacturer and / or as
specified by us. The Flim Flam Shop will replace a product if it is found to be
either damaged or not working correctly when it is received. This type
of warranty situation is termed "Dead on Arrival" or DoA. The DoA period
is 14 days from the date your order leaves our warehouse or notification of signed goods received. Unless
otherwise indicated this is the warranty that the product comes with. Many
items, especially electrical and mechanical items, also come with a
longer warranty that extends beyond this 14 day DoA period. Please refer
to each item's listing for the duration of the warranty for that item. Under
the warranty provisions, The Flim Flam Shop or the local distributor
/manufacturer will repair or replace damaged or faulty goods. If the
product cannot be repaired or exchanged by the same or another item with
at least the same specifications, then a credit voucher or, in the case
of a DoA, a full refund will be provided. It is a condition of each
item's warranty that you securely pack the faulty or damaged item so
that it is able to be returned to us or the local distributor /
manufacturer via the transport carrier. We strongly recommend you retain
the packaging your items comes in for the duration of the warranty
period so that, in the unlikely event that you will need to return an
item for repair or replacement, you will have adequate packaging
available to do so. If you dispose of the packaging then it will be your
responsibility to source alternative adequate packaging to use to
return the item. Our insurance policies require photos to enable us to
make a claim for damage caused to a package in transit. If you receive
an item that is damaged and wish to receive a replacement please email
photos of both the damaged item and the packaging, together with your
claim so we may process it promptly. Unless otherwise indicated,
warranties are return-to-base warranties. Procedure for Warranty ClaimsTo make a warranty claim, please follow the following procedure: - Where
there is a manufacturers warranty card enclosed please follow the
instructions on this card to contact the manufacturer for technical
assistance or to make a claim.
- If there is no warranty card enclosed, please send an email and include in your email:
- Order number (on your invoice)
- Date of purchase
- Detailed description of the problem
- If
the warranty is provided by the local distributor or manufacturer, we
will provide you with email and telephone contact details of the
warranty issuer. We recommend to avoid delays in resolving any warranty
matters that you contact the warranty issuer directly. Our suppliers
have all been approved for their ability to properly service our
customers in the event of a warranty claim, however if you require
assistance our customer service team will be glad to step in on your
behalf
- If The Flim Flam Shop is the warranty issuer, our customer service
team will provide a Return Authorisation (RMA) number provided the
manufacturer cannot advise on a solution to the problem, and the product
is still under warranty
- We may then ask that you
return the item to us, so that we can get our or our suppliers'
Technical Teams to assess the fault and proceed with the warranty claim
- The
method of return freight will in most cases be the via the same carrier
that made the initial delivery, however we reserve the right to
nominate an alternate carrier where we determine this to be appropriate.
Unless otherwise indicated, warranties are return-to-base warranties
- If returning the product please include the following information on the outside of your return package:
- The original order number
- The Return Authorisation number (RMA) your were given
- Your Full Name
To ensure speedy processing of your return, please include this
information as well as the nature or description of the problem inside
of the package too ExclusionsReplacements or refunds
under warranty do not apply if the product has not been installed,
operated and maintained in accordance with any instructions provided
with the product or as noted on the product listing. If the
product has been used in a manner other than for which it was designed,
to the extent permitted by relevant legislation, The Flim Flam Shop expressly
excludes any liability for any indirect or consequential loss (including
for loss of revenue or loss of use) arising from or in any way relating
to the purchase or use of the product. To the extent permitted by
law, warranties will only apply to products used for personal / private
use. Using products purchased from The Flim Flam Shop for commercial purposes
will result in the warranty being voided.
Return to Sender (RTS)
Most
parcels are sent with full transit insurance and every parcel is registered
(i.e it requires a signature on receipt). If for whatever reason the
carrier cannot get the parcel to you after a period of time (usually 2 weeks)
they will return the parcel to us at our cost, which is effectively the cost to
send the parcel to you plus in some cases a bit more.
If
for any reason we have made an error which has resulted in us not sending the
parcel to the correct address or we have nominated an incorrect service and the
parcel has been returned to us, we will immediately re-ship it to you at our
cost to your correct address and with the correct service.
If
however, the parcel has been returned to us as a result of error or inaction on
your part, and we incur additional charges for the return shipment and then for
shipment back out to your advised address, then we reserve the right to pass
these additional charges that we incur onto you, as a condition of sending the
parcel back to you.
Examples
of error or inaction are if you enter an incorrect or incomplete address
(including not noting a company name where delivery is to a business address)
or where you do not claim the parcel for more than 2 weeks from when the
delivery driver leaves a card in your mailbox notifying you of their attempted
delivery.
If
you opt to cancel the order if the item is returned to us then we will refund
you less all shipping costs incurred, a restocking fee and our storage and
handling costs, so that we are returned to a zero loss position on the order.
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