Before creating an online shop it is important that you carefully read, understand and accept the General Terms and Conditions.
By checking the "I accept the Terms and Conditions" you agree to accept the following terms by contracting our Services. Every new feature or tool that may be added to existing Services shall also be subject to the contractual terms and use.
By using the Service, you represent that you have previously read these terms and conditions and agree to them. If you do not agree with all terms and conditions, please do not use this Service.
The User states that he has the capacity and authorization to contract and will provide necessary authorizations and delegations to do so, if necessary.
FIK reserves the right to update and change the general contractual conditions and terms contained in our Legal Notice. We suggest that you to check the terms and conditions regularly for any update that may affect you.
This contract covers the Services provided by Fik Stores to the User Sellers as follows:
- FIK is a close ended product along the lines of the SaaS (Software as Service) model, and is offered under a license that allows use of the e-commerce platform - software developed by FIK for easy access, creation, activation, management and publication a catalogue by the vendors for their products or Services to be sold through the Internet, "off or on-line”. Sellers can personalize their offers using the different design options allowed by the software.
- Self-management: the User seller has control of his Website and may add, delete and edit products with the program interface. The Seller has sole responsibility for updating the products or Services.
- FIK owns all intellectual property rights in the resulting shop, with the exception of content produced or created by the User seller or other parties related to it.
- The technological infrastructure that supports the shop belongs to FIK and cannot be run or used outside its environment.
- FIK stands as the responsible party in relation to the policy of the protection of personal data of the User seller, the owner of the account.
- FIK hosts the User seller’s online shop and allocates server space for the duration of the contract term.
Contracting a FIK shop is done electronically using the forms available to Users on the Website. Upon acceptance said e-procurement has full legal effects in accordance with Law 34/2002 of July 11, of Information Society Services and Electronic Commerce.
You need to select the plan that suits your needs as well as the additional Services you wish to incorporate so as to obtain the best business development of your activities through the Fikstores online shop. After selecting the plans and Services, you must enter the information you are requesting in each section of the form and accept the instant Conditions of Use and Contracting. You must state and warrant that all information you provide to Fik Stores is accurate and current, and further more you have the authority and are fully empowered to enter into this Agreement and to fulfil the acts specified below.
Within a few minutes of completing the registration process for contracting a shop, you shall receive an email confirming activation and containing all of the necessary information about your shop, including the passwords for accessing the administration panel.
2.1 Special reference to our free charge Plans:
FIK provides a way of hiring free of cost which we identify as "Free charge Plan" with a performance limited to the other payment plans, but perfectly valid for the early e-commerce. The purpose of these plans is to enable free to see how our platform works and e-commerce practice. Satisfying the objectives, FIK reserves the right to close any store for free in exchange for a 30-day notice.
2.2 Right of withdrawal
In compliance with the law of electronic commerce and remote contracting by electronic means, you have seven (7) working days from the date you entered into the contract to withdraw the application without penalty. The exercise of this right must be communicated to our email firstname.lastname@example.org
3. Autonomous businesses
As a User seller you are required to state that the activity of the shop opened under the Fik Stores use license is that of an autonomous and independent business, in accordance with both commercial and labour laws. FIK is not responsible for any liability arising from your actions, content, conditions of Service, delivery, warranty or any other aspect relating to the business conducted with your online shop on FIK. You further state that there is no other relationship involving subsidiary responsibility for FIK other than that arising from the Service Contract for creating an online shop and other auxiliary Services of assistance, marketing and/or design.
As a User you acknowledge that by creating an online shop in FIK, you have full responsibility of the operation of the shop you create, the information and content you provide in relation to the online shop, sales transactions that take place in the shop and the use of personal data from the User buyers registered in your shop. You have sole responsibility for the fulfillment of obligations concerning the protection of personal data and e-commerce legislation. FIK takes no responsibility for any use conducted by User sellers when creating an online shop within the Fikstores´ system.
FIK does not intervene in any way in completing sales transactions between the User sellers and User buyers, and in particular is not involved in any refunds or guarantees that may have been offered. Thus, when a sale occurs, you and the other party (your User buyers) are the only parties responsible for completing the terms of the sale.
FIK has no authority to act on behalf of the User seller or User buyer. As the transaction only takes place between User sellers and buyers, FIK will not be a party in any dispute that may arise between a User buyer and a User Seller or in its resolution.
4. Rights and Obligations of User Sellers
a. As a User Seller you are entitled to receive from FIK access to use of the contracted Services according to the terms contained in the General Terms and you are required to pay the contracted plans and Services.
b. FIK is not responsible for the economic and trade performance of a User seller’s commercial website, and just answers for to the suitability of the Service for the purpose of promoting or selling of the products or services of the User seller through Internet.
c. As a User seller you agree make use of the Services provided by FIK in compliance with current legislation regarding advertising, consumers and users, mail-order selling, standard terms and conditions of sale, protection of personal data and all those rules affecting the exercise of your commercial activities. FIK is not responsible for any breach of applicable legislation by the User seller.
d. The User seller is not allowed under any circumstance to include content that is unlawful, criminal, racist, xenophobic, advocates terrorism or the violation of human rights, defamatory, pornographic, deceptive or fraudulent to the recipients, violates laws or applicable regulations or is prejudicial to the property rights of FIK or third parties.
You may not use the Service to upload, transmit or distribute any content that contains viruses, or any other material that represents a risk to the platform and its users, as reasonably determined by FIK.
e. You may not use the FIK Services to insert, transmit or distribute content or goods that infringe intellectual property rights of third parties from whom you do not have explicit authorization for their use.
f. By contracting us, you agree to provide real and up-to-date information concerning the legal person or owner of the activity as is required of you for properly providing services, and also any other information that may be required as part of the registration process and/or continued use of the Service. Any change in this information should be reported to FIK within fifteen (15) calendar days of said change.
g. As a User seller you are required to identify your business and ownership in accordance with the legal requirements of your shop.
h. As a User seller you are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities that occur in this regard. FIK cannot and will not be held liable for any loss or damage due to your failure to maintain the security of your account and password. In any case you should avoid allowing third parties to use the Service you have contracted.
Incompliance by the User seller of any of the above terms shall authorize FIK, if necessary, to take the required action to immediately suspend Service for the duration of said incompliance or for a maximum of seven (7) working days. At the end of this period if the User seller has not taken the necessary actions to remedy the incompliance, FIK shall be entitled to terminate this contract according to resolution clause contained therein. FIK may exercise such legal actions as it deems necessary to restore its rights to the degree they have been infringed.
i. FIK undertakes to destroy any data or information remaining upon termination of the Service, except such data as may be required to comply with administrative or tax requirements, and in compliance at all times with the limits established by law for the Protection of Personal Data.
Before closing your shop, you authorize to FIK to verify whether or not there are any outstanding payments to process.
j. As a User seller using the FIK platform you undertake to include the text “Powered by FikStores”. The text must serve as a link to the Website http://www.fikstores.com/. The text must be clearly visible to all clients at the bottom of the every page of the online shop created by you the entire time they are using the Web. This is obligatory for all users of free of charge plans and will be shown in the online stores of paying users unless the user express the opposite.
k. FIK does not claim ownership of any content, including any text, data, information, images, photographs, music, sound, video, or other materials, that you insert, transmit or store in your User seller account with FIK. We will not use all or part of its content for any purpose other than to provide the Service.
5. Rights and Obligations of Fikstores
a. FIK agrees to provide the User seller the contracted Services in accordance with the conditions laid down in the General Terms, to respond to the User seller’s complaints as soon as possible, and to efficiently guarantee secrecy of the communications in accordance with the state of technology, except as required by legal actions or matters regarding the intervention of said communications by court order.
b. Quality of Service commitments:
b.1. FIK undertakes to respond to support requests, applications or claims that our Users send by e-mail as soon as possible.
b.2. FIK performs daily backups of all shops with payment plans (Free, Basic, Professional and Premium).
b.3. FIK is committed to maintain 98% availability of Service each month.
Notwithstanding the foregoing, the Service provided by FIK is dependent on the status of the Internet telecommunications network. Consequently FIK is not responsible for Service interruptions, delays, errors, malfunctions and other problems that originate from causes beyond the control of FIK, or due to negligence or wilful actions by the User seller or due to force majeure.
Without prejudice to article 1105 of the Spanish Civil Code, for the purposes of this contract it is understood that force majeure shall include all those events beyond the control of FIK, especially failures of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions by public authorities, and events produced as a result of natural phenomenon, electric power costs, etc.
Possible responsibility of FIK to the User seller for all the concepts shall be limited to a maximum of the amount perceived - or its proportional part - directly by FIK from the User seller for the duration of the interruption of the contracted Services.
c. FIK reserves the right to suspend temporarily and without prior notice if the siutation so requires, the contracted Service as may be necessary for maintenance, repair, updating or improvement of said Service. FIK undertakes to restore said Service in the shortest time possible.
d. In the event of a modification of the terms for providing Services, FIK shall give notice to the User seller no less than seven (7) working days prior to publication of the modifications on the FIK Website and/or by notification by email to the address provided by the User seller for said purpose. Continued use by the User seller of the Service provided by FIK after communication of changes shall be considered tacit acceptance by User seller of such amendments. Non-acceptance by User seller of such amendments shall result in termination of the contract at the end of said period without charge.
e. In the event of account inactivity of our free services plans, after a period of inactivity of at least three (3) months, FIK reserves the right to disable or terminate inactive User seller accounts. If an account has been disabled due to inactivity, the Web address associated with the disabled account may be assigned to another User seller without prior notice to you or any other party.
f. If we detect fraudulent use of the present General Terms or applicable laws, without prejudice of any other recourse, FIK may suspend or cancel your account if we suspect that you have participated or are participating in a fraudulent activity through the Fikstores.com Website.
g. FIK reserves the right to refuse to close a shop if there are still paid customer orders pending delivery, leaving the User seller liable to fulfil these orders of their customers prior to final closure and pending payment of the corresponding fees to FIK.
h. In the event of default of Service payments FIK reserves the right to suspend the Service, without prior notice, of those User Seller clients who do not duly pay the periodic fee for the use of the Service.
FIK accepts payment by credit card.
In the case of payment by credit card, FIK does NOT store financial information directly. Said information is collected and stored by our payments processing provider (payment gateway) to process purchases made on our Site. Our payment processing provider is committed to maintaining the confidentiality, security and integrity of financial and personal information obtained from the Site, and to use it only on our behalf. Our payment gateway provider is subject to all applicable privacy laws relating to financial Services.
Information about our payment gateway provider:
300 Brannan Street, Suite 608, San Francisco, California 94107, USA
7. Legal documents of online shops
8. Newsletter Service
FIK has a communications support service to the shops with their customers through a newsletter.
Commercial use of this service, i.e. the sending of an advertisement or business communication, is subject to a legal precautions:
- You can send business communications only and exclusively to those customers who haven´t shown opposition to its receipt by the option "not to receive news and updates"
- Commercial communications by electronic means must be clearly identified as such.
- The owner of the shop should be clearly identified as the sender of the communication
- Commercial communications by email required including the word "advertising" or an equivalent short term on the top of the message
The owner of the store is solely responsible for compliance with legal warnings indicated, notwithstanding any other issued by a Local or Regional Government, with jurisdiction over consumer e-commerce or advertising, where lies its headquarters. FIK acts as a mere provider of technical support.
9. Responsibilities for the contents of the Website
FIK is solely and exclusively liable for the contents having their origin in FIK and identified by their copyright.
FIK is not responsible in any way, including in an indirect or subsidiary manner, for products or services offered or provided by the Seller, third party vendors or entities using the Services provided by FIK. Also FIK is not responsible in any way, including in an indirect or subsidiary manner, for any content, information, communication, opinion or statement of any kind which originates from a User seller or third party vendor or entity, and is communicated, transmitted or displayed through the Services provided by FIK.
10. Grounds for termination
FIK may unilaterally terminate this contract if a User seller fails to fulfil any of its obligations under this Agreement and General Terms of FIK, and fails to resolve the causes of said breach within a period of twenty one (21) working days from the expiration of said obligation, or from the date FIK learns of the incompliance. During said period FIK may suspend the Service.
In the event the present contract is terminated by FIK due to the failure of the User seller to fulfil the obligations laid down in previous paragraphs, the User seller shall be liable for any outstanding amounts due for Services of FIK up to the date of termination.
In the case of cancellation, the account will be deactivated and the User seller will not be able to access to the account or any files or other content contained in the account, although such residual copies with information may remain in our system as may be required by legislation regarding Personal Data Protection.
Either party may terminate this contract in the event that the other party declares insolvency, bankruptcy (voluntary or obligatory), ceases activities in line with the corporate purpose, or in the event of a serious breach of any obligation contained in this contract.
11. Promotions and Special offers
FIK may offer more beneficial terms of trade at any time by publishing them on the FIK Website or in the FIK newsletter, with the scope and timing to be determined at each moment. The existence of these offers does not negate the General Terms contained in the present document.
The promotions and offers may be subject to specific time limits and/or consideration and acceptance by the User seller of specific requirements.
The copy of the publication of any promotion and supplies may be annexed to these General Terms in accordance with the scope and duration determined therein.
All communications or notifications to be made to the parties as a result of this contract will be sent by email to the address indicated on the registration form or, where appropriate, to the account or mailbox provided to the User seller by FIK. Any other means of communication is optional for the parties.
13. Cancellation and Termination
As User seller you have the right to unilaterally cancel the contract without cause. To do so you must notify 3 working days before the end of you price-plan payment period by writing to FIK (email@example.com) from the email account you used to create your FIK account. In case of not notifying FIK your purpose to close your shop account, FIK will proceed to automatically renew you contract for the same contract time period you have. Once the contract is renewed FIK won't reimburse the paid amount.
Once the contract has been cancelled and terminated the account will be deactivated and the Seller will not be able access the account or any file or content contained therein. The account will be removed from our system although certain information may be saved on our system in compliance with applicable legislation in reference to personal data protection.