This website, https://shopfickle.us (this “Site”), is the property of legal entity The JL King Group(“JLK”) dba Fickle & Dye(“F&D”). By accessing and using this Site, all persons, entities of any type or nature or any other user of this Site (individually, a “User” and collectively, “Users”) hereby agree to be bound by these terms and conditions of use ("Terms") and all applicable laws and regulations. Users who do not agree with these Terms may not use or access this Site.

I. PRODUCT ORDER POLICY

F&D products are made upon receipt of an order from a User. Any User who places an order for F&D products in any manner whatsoever, whether on this site or by separate email, correspondence, or phone order, acknowledges and agrees that: (a) such order will not be final or valid and F&D will not commence the making of the item ordered until such User has remitted to F&D, and F&D has confirmed receipt of, a deposit in the amount of, at least, fifty percent (50%) of the price of the custom item or the full price of standard item(s) exclusive of shipping fees, taxes and/or duties (the “Deposit”); (b) the remainder of the price of the custom or standard item(s) plus shipping fees, taxes and/or duties owed at such time that the item is ready to be shipped (the “Remaining Payment”) shall be due and payable when the item is ready to be shipped; and (c) F&D shall not be obligated to deliver the item ordered until F&D has confirmed receipt of the Remaining Payment.

F&D leather goods are not stocked. They are made upon a User’s request. Therefore, any User who places an order for F&D products in any manner whatsoever, whether on this site or by separate email, correspondence or phone order, acknowledges and agrees that: (a) cancellation of an order after F&D has commenced the making of the item ordered shall result in forfeiture of the Deposit (b) User’s failure to remit the Remaining Payment to F&D within a reasonable period of time after F&D has notified the User of its readiness to ship the item ordered shall also result in forfeiture of the Deposit; (c) the item, once delivered to the User, may not be returned or exchanged unless delivered in a damaged(parts missing or broken) condition as determined by F&D in its sole and absolute discretion; and (d) F&D reserves the right to cancel orders at its discretion and will refund promptly the amount of any payment made by User for such cancelled order in the original form of payment; (e) Title to any F&D product shall remain with F&D until the product has been fully paid for by the User, including all deposits, remaining balances, shipping fees, taxes, and duties. Upon F&D receipt and confirmation of full payment, title shall transfer to the User. Risk of loss transfers to the User upon delivery of the product to the carrier, as set forth herein. (f) F&D timelines are estimates, not guarantees. Delays do not constitute a breach of terms and no refund allowed for delay alone; (g) chargebacks are prohibited once production begins.

F&D may add or discontinue items at any time without notice. F&D attempts to be as accurate as possible in describing its products and listing prices for the same; however F&D does not warrant that product descriptions or prices are correct. All pricing for F&D products are subject to change without notice. F&D reserves the right to make adjustments to product prices due to changing market conditions, product discontinuation, price changes for raw materials and production, errors in pricing and other extenuating circumstances.

International Orders: Users outside the U.S. may be subject to additional duties, taxes, and customs fees that are the responsibility of the User.

B. Force Majeure. Fickle & Dye shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including but not limited to acts of God, material shortages, supply-chain disruptions, labor disputes, transportation delays, government actions, natural disasters, or other circumstances beyond Fickle & Dye’s control. In such events, production timelines shall be extended for a commercially reasonable period, and no refunds or cancellations shall be permitted for work already commenced.

II. DISCLAIMER AND LIABILITY

The materials on this Site are provided on an "as is" basis. F&D makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, F&D does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any sites linked to this Site. In no event shall F&D or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this Site, even if F&D has been notified orally or in writing of the possibility of such damage. To the extent that certain jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not be applicable. The materials appearing on this Site could include technical, typographical, or photographic errors. F&D does not warrant that any of the materials on this Site are accurate, complete, or current. F&D may make changes to the materials contained on this Site at any time without notice. F&D does not, however, make any commitment to update the materials. Liability for consequential and incidental damages that might arise from the use of the product(s) is capped at the total amount the User paid for the product. If a product has defects upon delivery, please notify F&D within 48 hours with photo documentation for exchange only (if equivalent product is in stock). Please note that the products may contain magnets. Before using, please consult your health care professional if you have any concerns. 

 

III. THIRD PARTY WEBSITES

This Site may contain links to websites and resources on the Internet that are unrelated to F&D and that are owned and operated by parties other than F&D (“Third-Party Sites”). F&D does not make any representations or warranties about any Third-Party Sites you may access through this Site. These links are provided solely as a convenience to the Users of this Site and do not constitute an endorsement by, or imply that, F&D sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses any Third-Party Sites or the contents therein. F&D is not responsible for the contents of, or any products or services offered on, any Third-Party Sites. Users of this Site who access Third-Party Sites must make their own independent decisions regarding their respective interactions or communications with such Third-Party Sites. Material available on or through Third-Party Sites may be protected by the intellectual property laws of the United States and/or other countries. The terms of such Third-Party Sites, and not the terms and conditions of this Site, govern Users' use of such material.

IV. GOVERNING LAW

Any claim relating to this Site shall be governed by the laws of the State of Georgia. Any disputes will be handled in via arbitration (and monetary damages only). Users are bound by Georgia law even if located in other states or countries. All claims against Fickle & Dye must be brought in an individual capacity. Users waive any right to participate in any class, collective, or representative action. No arbitration or proceeding may be consolidated or conducted on a class basis.

V. COPYRIGHT & TRADEMARK

All material on this Site, including without limitation, Copyrights and Trademarks (as hereinafter defined), HTML, database, content, written text, drawings, designs, illustrations, photographs and audio-visual materials, such as, but not limited to, films, videos, and sound tracks (collectively “F&D Property”) are, and shall remain, the exclusive property of F&D unless otherwise expressly set forth herein, including any derivative works and adaptations based on the content. No Users may, or shall have any right to, manipulate, reproduce, distribute, publish, transmit, create derivative works based on, modify or sell F&D Property, whether totally or in part or by any means whatsoever. The F&D trademarks and logos, copyrighted information and material, distinctive signs, iconography, designs and models (collectively, “Copyrights and Trademarks”), regardless of whether displayed on the Site or elsewhere, as well as the domain name “shopfickle.us", are and shall remain the exclusive property of F&D. Any reproduction, manipulation, distribution, transmission, modification or use of these Copyrights and Trademarks for any purpose without prior written agreement of F&D are strictly and expressly prohibited. Users of this Site may not remove any Copyrights or Trademarks or any other F&D Property on this Site or any content contained therein except as permitted by the License granted herein. The F&D website will not intentionally infringe on any third-party IP rights.

VI. PRIVACY

F&D provides this privacy policy (“Privacy Policy”) to describe how F&D uses and process certain information that it obtains through this Site. This Privacy Policy applies only to this Site and does not apply to any data that F&D collects offline or through sources other than this Site.

A.    INFORMATION AND DATA

F&D collects certain individually identifiable data that Users actively submit through the Site

(“Personal Information”) as well as information that is provided to F&D by third parties ("Third Party Information"). Such Personal Information actively provided by Users may include Users' names, email addresses, billing addresses, delivery addresses, telephone numbers, credit card information, consumption patterns and product interests. F&D uses Personal Information primarily for the purpose for which Users provide such information, for purposes of improving our products and services, and market research. F&D may use Personal Information to transmit direct

communications to Users by email. F&D may also receive similar Third Party Information and Personal Information from third parties, which may be used by F&D to provide better service to Site visitors, to customize this Site based on User preferences, to compile and analyze statistics and trends, and to otherwise administer and improve this Site.

B.    COOKIES

When Users visit the Site, F&D may passively collect certain data ("Data") through the use of cookies on the computers of Users and Internet connection, such as the IP address of the computers of Users and/or Internet service provider, the date and time Users access the Site and the Internet address of websites from which Users link to this Site. F&D may also use such cookies to collect information in connection with future visits to the Site. Users may set their browser to notify Users when a cookie is sent or to refuse cookies altogether, but certain features of this Site might not work without cookies. F&D reserves the right to use other technologies such as Internet tags, web beacons, and navigational Data collection tools. F&D may use such Data to: administer, protect, and improve this Site; better understand the preferences of Users; identify server problems; compile aggregated statistics about Site usage; advertise on other sites across the Internet. F&D may combine Data gathered through cookies and other tracking technologies with Personal Information, although when it does, F&D shall treat all such Data as Personal Information for purposes of this Privacy Policy. This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to analyze Users' use of this Site, compiling reports on Site activity and providing other services relating to Site activity and

Internet usage. By using this Site, Users hereby consent to the processing of Data about Users by Internet usage. By using this Site, Users hereby consent to the processing of Data about Users by Google in the manner and for the purposes set out above. If any User desires to opt out of sending such User's Data to Google for analytics purposes, such User may install the Google Analytics

Browser Add-On, details of which are available athttp://tools.google.com/dlpage/gaoptout?hl=en. D. Your Rights

Depending on your location, you may have certain rights regarding your personal information, including:

• Access: You can request a copy of the personal information we hold about you.
• Correction: You can update or correct any inaccurate personal information.
• Deletion: You can request the deletion of your personal data, subject to legal limitations.
• Opt-Out: You can opt-out of marketing communications and certain tracking technologies, such as Google Analytics.

To exercise any of these rights, please contact us via the Contact-Dye webpage.

We implement a variety of security measures to protect your personal data. However, please be aware that no method of transmission over the internet is 100% secure, and we cannot guarantee the absolute security of your data. If you are located outside the United States, please note that your personal information may be transferred to, stored, and processed in the United States, which may have data protection laws different from your country of residence. By using this site, you consent to the transfer of your data as described.

 

C.    DISCLOSURE AND SHARING

F&D contracts with certain third parties to host and maintain our website, provide our client communications, and provide other services. The Personal Information that F&D obtains through this Site may be accessed by these third parties, solely on F&D's behalf, but F&D generally does not authorize these service providers to make any other use of Personal Information. F&D may also disclose Personal Information to financial institutions or other third parties in connection with performing payment transactions. F&D will not otherwise disclose your Personal Information to third parties, unless such disclosure is required by law, necessary in connection with a legal claim or proceeding, or otherwise necessary to protect the rights or interests of F&D or third parties. If F&D is acquired by another entity or is merged or consolidated or subject to any other corporate transaction (collectively, “Corporate Transactions”), Personal Data may be made available to the prospective, acquiring, or resulting entity. However, in the event a Corporate Transaction occurs, F&D shall require such prospective or acquiring entity to protect the Personal Data in a manner that is consistent with this Privacy Policy. F&D is not responsible for the privacy practices or the accuracy of the content on those third-party sites. We do not sell, trade, or rent your personal information to third parties for marketing purposes. However, we may disclose your information if required by law or in connection with a legal proceeding, or if we are involved in a merger, acquisition, or sale of assets.

D.       The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 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 also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

VII. EFFECTIVE DATE AND AMENDMENTS

This Privacy Policy is effective as of January 1, 2021. F&D reserves the right to amend this Privacy

Policy from time to time. If we make material changes, we will post a revised version of the Privacy

Policy on the Site and notify you by posting a link on the "Terms" page of our Site that says “Revised Privacy Statement.” User Agreement Acknowledgment: Using this site or placing an order via this site deems users explicitly agree to the Terms and Conditions.

VIII. USE LICENSE

F&D grants Users of this Site permission to download one copy of the materials on this Site for personal, non-commercial transitory viewing only, provided that this notice and the restrictions contained herein with respect to any and all F&D Property, including Copyrights and Trademarks, shall apply to all copies of any web page of this Site made by any User. This is a grant of a license to use (a "License"), not a transfer of title, and under this License no User may: (i) modify or copy the materials; (ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on this Site; (iv) remove any Copyrights and Trademarks from the materials; or (v) transfer the materials to another person or "mirror" the materials on any other server. This License shall automatically terminate if any User shall violate any of these restrictions and may be terminated by F&D at any time. Users can link to the F&D site or use materials from the site or share content for non-commercial purposes for promotional purposes under certain conditions, for which expressly written communication is required prior to.

IX. SEVERABILITY

If any provision of these Terms is held to be unlawful, void, invalid, or unenforceable for any reason, such provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect to the maximum extent permitted by law.

 

SIZE CHART: