PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE https://fichlabs.com (hereinafter - the "Website").
These Website terms of use (hereinafter - the "Terms"), together with the documents referenced in these Terms or documents containing references to these Terms, regulate the conditions on which you are using the Website if you are a guest or a registered user. Website use means an access to it, viewing its pages or registration with a purpose of using the website.
Please read these Terms of use carefully before using the Website.
We recommend printing a copy of this document for future reference. By using the Website, you confirm that you accept these Terms and agree to comply with them.
If you DO NOT AGREE to these Terms of use, DO NOT USE this Website.
This website is operated by FICH LABS Limited Liability Company (identification code: 43161084), registered in Ukraine at the address: 79018, Lviv region, Lviv, Holovatskoho street, building 23-V (hereinafter – "FICH", "we", "us", "our", "Seller").
CONTENT:
- Access to Website
- Age verification
- Our products
- Intellectual property rights
- Trademarks
- Using Website information
- Disclaimer
- Viruses
- Links to the Website
- Applicable law
- Amendments to the Terms of Use and changes on the Website
- Contact us
1. ACCESS TO WEBSITE
You must be 18 years old or older to access this Website and any such access is subject to age verification. You can access the Website free of charge.
We do not guarantee that the Website or any information posted on it will be available all time. Access to the Website is allowed on a temporary basis. We may suspend, cancel, terminate, or change all or part of the information on the Website without prior notice. We will not be liable to you if, for any reason, the Website is unavailable at any time or for a certain period. You are solely responsible for taking any necessary measures to get access to the Website.
You also assume responsibility for ensuring that all persons who access the Website through your Internet connection are aware of these Terms of use and any other relevant terms and conditions and comply with them.
The Website may be blocked to you if:
- You requested to restrict your access to the Website;
- You no longer meet the conditions required for accessing the Website;
- You have created more than 1 (one) account
2. AGE VERIFICATION
Our products are intended only for adult consumers of nicotine-containing products. Therefore, access to the Website and any information posted on it, as well as any registration on the Website, is subject to age verification, which allows us to make sure that you are 18 y.o. or older.
By clicking "Yes" in the age verification form you confirm that you have reached the age of 18 y.o.
3. OUR PRODUCTS
Please note that our products are intended only for adult consumers of nicotine-containing products. FICH PODS cartridges contain nicotine, which is Addictive. Information about product specifications, prices and, other data is posted on the Website for reference only and with a view to provide you with an opportunity to offer the Seller to conclude a purchase and sale agreement.
Product prices may differ from those indicated on the Website if the price is specified. The Website usually indicates the recommended retail price for FICH products. To learn the current price of products available for sale, please contact our stores and/or our partner stores listed on the Website.
Products may differ slightly from those shown in the photo. Product images on the Website are exclusively illustrative. We cannot guarantee that colors displayed on your screen accurately represent the actual product color, although we have made every effort to display correct colors.
4. INTELLECTUAL PROPERTY RIGHTS
We and/or our affiliates are the owners or licensees of all intellectual property rights on the Website as well as owners of the content published on it. These objects are protected by the legislation regulating intellectual property rights (including copyright) and provisions of international treaties. All such rights are reserved.
You can print one copy from the Website and download extracts or materials for your personal use only. You can also show the content posted on the Website to adult members of your organization.
It is prohibited to change paperback or digital copies of any materials either printed or downloaded from the Website as well as use any illustrations, photos, video or audio files and graphics separately from any accompanying text.
You must always acknowledge our copyright (as well as that of any particular publication author) for the content posted on the Website.
It is prohibited to use any information posted on the Website for commercial purposes without obtaining a license from us or our licensors.
If you print, copy, or download any information from the Website in violation of these Terms of use, your right to use the Website will be immediately terminated and you will have to return us and/or destroy any copies of such materials.
5. TRADEMARKS
Fich™ is a registered trademark.
6. USING WEBSITE INFORMATION
The information on the Website is provided for reference only and cannot be used as recommendations for you to follow. Before you take or refrain from taking any actions based on the Website content, you need to get professional advice.
Although we make every effort to ensure that the information on the Website is up to date, we make no representations or warranties, express or implied, that the information on the Website is accurate, complete, and relevant.
7. DISCLAIMER
To the extent permitted by law, we exclude all terms, warranties and representations or other conditions that arise or may arise from the Website or any materials on it, express or implied.
We have no liability to any Website user for any loss or damage, regardless of whether it is a result of contractual, extra-contractual liability (including negligence), violation of obligations imposed by the law or other types of liability, even if such liability cannot be predicted, arising out of or relating to:
• the use or inability to use the Website;
• the use of any content posted on the Website.
If you are using the Website for commercial purposes, please note that we are not responsible for:
• any loss of profit, sales, business or revenue;
• suspension of activities;
• loss of expected savings;
• lost profits, damages to the reputation;
• any direct or indirect loss or damage.
If you are using the Website as a consumer, please note that the Website is intended for personal use only. You agree to refrain from using the Website for commercial purposes and we are not liable to you for any loss of revenue, loss of business, suspension of operations, or lost profit, etc.
We are not responsible for any loss or damage caused by a virus, DoS attack, or other technically malicious material which may be present on your computer equipment, computer programs, data, in connection with using the Website or downloading any content from the Website or any websites associated with it.
We are not responsible for the information contained on websites associated with the Website. Such references should not be considered as our endorsement of such associated websites. We are not responsible for any loss or damage that may result from your use of such related websites.
8. VIRUSES
We do not guarantee that the Website is secure and contains no software errors or viruses.
You are responsible for configuring your software to access the Website. Use your antivirus software.
Do not abuse the Website use by deliberately infecting it with various viruses, Trojans or logical bombs and other data containing malicious code. Do not try to obtain unauthorized access to the Website, the server where the Website is stored or any server, computer or database connected to the Website. Do not threat to the Website by means of such attacks as "denial-of-service" or a distributed denial-of-service attack. We will report any such violation to the appropriate law enforcement agencies and cooperate with them to assist in identifying the perpetrator. In the event of such a breach, your right to use the Website will be terminated immediately.
9. LINKS TO THE WEBSITE
You may link to our home page if you do so in an honest way and without violating our rights and legitimate interests and harming our reputation, and if you will not use the Website for your own (including commercial) benefit. In particular, we do not allow posting links to our homepage on websites that are known to be used by persons under the age of 18. Do not link to the Website in such a way as to create a misrepresentation that we encourage certain actions.
Do not post links to the Website on any website that does not belong to you.
The Website cannot be hosted on any other website, nor is it allowed to link to any Website pages other than the home page.
We reserve the right to revoke permission to link without prior notice.
If you want to use any information from the Website in a way which is not described in these Terms and Conditions, please contact us at info@fichlabs.com
10. APPLICABLE LAW
These Terms of Use, their content, and drafting procedures are governed by the laws of Ukraine and any other applicable regulations.
You agree without objections to the exclusive jurisdiction of the courts located in the territory of Ukraine over any actions aimed at the enforcement of these Terms.
If any materials on the Website or your use of the Website violate laws of the country where you are located at the time of accessing the Website, then this Website is not intended for you, and you cannot use it.
You are solely responsible for obtaining information on the local laws and subject to compliance with the laws of the country where you are located.
11. AMENDMENTS TO THE TERMS OF USE AND CHANGES ON THE WEBSITE
We reserve the right to review these Terms and Conditions at any time by posting changes on this page.
Check out this page from time to time and pay attention to any changes made, as they are mandatory for you.
We may periodically update the Website and change its content at any time. However, please note that any information on the Website may become outdated at a certain point, and we are not obligated to update it.
We do not guarantee that the Website is error-free or that all information on it is complete and comprehensive.
12. CONTACT US
You can contact us with any questions you may have in relation to these Terms of Use at:
Free customer support hotline: 0 800 330 221
e-mail: info@fichlabs.com
We collect information about your activity on our Website and Website page views to obtain traffic and website performance statistics, take a customized approach, and tailor our services to the interests of every user. We do this using various technologies, including cookies.
What are Cookies?
Cookies are small text files stored on your computer, mobile or any other device when you visit certain web pages and used by the website to identify you during the next visit. We use cookies on https://fichlabs.com for the following purposes:
- to assess Website performance (for example, calculate the number of visitors and their dwell time on the Website), to identify the most interesting and visited pages as well as ensure user-friendly navigation and Website usability;
- to form a customized approach based on the existing user experience with the Website and its advantages.
Cookies are usually classified as either session or persistent cookies. Session cookies help you to navigate the Website efficiently, so that information requested during one session will not be asked again. Session cookies are stored in the temporary memory and get deleted once the user closes the browser. Persistent cookies store user settings for current and future sessions (for example, they simplify login on the website by remembering user credentials). They are stored on your computer's hard drive or mobile device's drive and get activated once you launch the browser.
Are cookies dangerous?
Cookies do not transmit viruses or malicious software to your device since cookie data is not changed when transmitted to and from the device, making it impossible to affect your device operation. Instead, they function like logs (i.e., they record user activity and remember important information) and update every time you visit the Website.
When you navigate to the Website, a text message appears informing you that We use cookies on the Website. If you continue using the Website after receiving such a message, additional cookies will be stored on your device.
The procedure for saving cookies is detailed below.
On our Website, We use the following types of cookies:
Essential cookies: these are located in protected Website sections and assist you during the sign-up process and allow using online payment services.
Advertising cookies: these cookies allow the Website to register your visit, pages and links you navigated to, among other things. We use this information to provide you with content and ads that We consider relevant to you. In this case, we have the right to forward such information to third parties.
Analytical cookies: are used to count and determine the number of users and track how they navigate the Website. The main purpose of these files is to improve Website performance during the search for required information or products.
When used on the Website, these cookies may forward information to partner websites, service providers, and other third parties. This is required for advertising and analytical cookies to work properly.
How can I control cookies?
If you no longer want to receive cookies or want to be notified about new cookies, set up your browser accordingly. However, if you disable cookies, you will not be able to use some Website services and features.
Learn more about cookies in popular search engines by clicking on the links below:
https://policies.yahoo.com/us/en/yahoo/privacy/
https://www.google.com/policies/privacy/
https://privacy.microsoft.com/en-us/privacystatement
https://yandex.com/legal/privacy/
Find more about settings in popular browsers at the following links:
Chrome: https://support.google.com/chrome/answer/95647?hl=en
Explorer: https://support.microsoft.com/en-us/products/windows?os=windows-10
Safari: https://support.apple.com/kb/PH21411
Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Opera: http://www.opera.com/help/tutorials/security/cookies/
Read warranty terms below before contacting the Seller with a request to replace your device based on the warranty.
The Seller provides a 12-month warranty for manufacturing defects in the nicotine delivery system FICH which starts from the purchase date.
A manufacturing defect shall mean any manufacturing deficiency of the nicotine delivery system FICH that prevents using the device for its intended purpose and is not related to non-observance of the device User Manual instructions and/or any mechanical damage or external factors affecting the device.
This Warranty shall not apply in the following cases:
- FICH device has visible physical/mechanical damages (such as scratches, small dents, chips, or other physical damages);
- FICH device is damaged due to its improper use (like electronic overload, contact with the liquid, corrosion traces, improper use, etc.);
- FICH device has malfunctions caused by its use with incompatible devices or connection to such devices;
- FICH device is damaged or has defects caused by a Buyer or an unauthorized service provider during its opening, unauthorized modifying or repairing of the device or other kit items;
- Non-observance of the User manual instructions;
- There is no payment document confirming the purchase of FICH device.
To be eligible for the replacement of FICH device that has lost its functional characteristics and is unusable due to manufacturing defects, follow these steps within twelve (12) months from the purchase date:
- contact support hotline at 0 800 330 221 or info@fichlabs.com and describe the defect;
- find the address of the nearest authorized replacement center listed on the website;
- contact the authorized replacement center and provide a payment document confirming FICH device purchase;
- give the damaged FICH device along with its packaging box and accessories (USB charging cable, User Manual) to the authorized replacement center employee.
FICH device is replaced with the device of the same model and color. If the corresponding FICH device model and/or color is not in stock, the authorized replacement center shall reserve the right to replace it with the FICH device of a different model and/or color.
You must report any manufacturing defect once you identify it. The User must report any such defect by phone or by notification. This Warranty does not provide a refund or exchange of the defective FICH device for cash.
Authorized FICH service centers are located in Kyiv, Lviv, Kharkiv, Odesa, Dnipro, Lutsk, Sumy and Poltava. If your city is not on the list, call us on the hotline and we will help with your question.
A nicotine delivery system Fich is certified in accordance with international quality standards. Device compliance testing is performed by independent accredited laboratories.
1. Certificate of conformity (# UA.PN.060.0104-20) certifies that the device corresponds to the CE marking requirements and can be sold in the EU
2. Certificate of EMC Compliance (TMC191209104 - E) under the EMC Directive 2014/30/EU
DSTU EN 55014-1:2016 n. 4.1.2.2;
Electromagnetic compatibility – Requirements for household appliances, electric tools and similar apparatus – Part 1: Emission.
DSTU EN 55014-2:2017 n. 5.1.
Electromagnetic compatibility – Requirements for household appliances, electric tools and similar apparatus – Part 2: Immunity – Product family standard.
3. Certificate of compliance RoHS (TST2019121112-3RC) under RoHS 2.0 standards. Directive (EU) 2015/863 and (EU) 2017/2102
IEC 62321-1:2013
Determination of certain substances in electrotechnical products - Part 1: Introduction and overview
IEC 62321-3-1:2013 Determination of certain substances in electrotechnical products - Part 3-1: Screening - Lead, mercury, cadmium, total chromium and total bromine using X-Ray fluorescence spectrometry
IEC 62321-4:2013 Determination of certain substances in electrotechnical products - Part 4: Mercury in polymers, metals and electronics by CV-AAS, CV-AFS, ICP-OES and ICP-MS
IEC 62321-5:2013 Determination of certain substances in electrotechnical products - Part 5: Cadmium, lead and chromium in polymers and electronics, and cadmium and lead in metals by AAS, AFS, ICP-OES and ICP-MS
IEC 62321-6:2015 Determination of certain substances in electrotechnical products - Part 6: Polybrominated biphenyl and polybrominated diphenyl ether in polymers by gas chromatography-mass spectrometry (GC-MS)
IEC 62321-7-1:2015 Determination of certain substances in electrotechnical products - Part 7-1: Hexavalent chromium - Presence of hexavalent chromium (Cr (VI)) in colorless and colored corrosion-protected coatings on metals by the colorimetric method
IEC 62321-7-2:2017 Determination of certain substances in electrotechnical products - Part 7-2: Hexavalent chromium - Determination of hexavalent chromium (Cr (VI)) in polymers and electronics by the colorimetric method
IEC 62321-8:2017 Determination of certain substances in electrotechnical products - Part 8: Phthalates in polymers by gas chromatography-mass spectrometry (GC-MS), gas chromatography-mass spectrometry using a pyrolyzer/thermal desorption accessory (Py-TD-GC-MS)
4. Declaration of Conformity FCC (TMC191209105-E)
This device corresponds to general testing standards for most electronic products specified in Part 15 of the FCC Rules. The FCC label certifies that the electromagnetic interference from the device is under limits approved by the U.S. Federal Communications Commission.
5. Certificate of conformity (UA.PN.060.0173-20)
Products: e-liquids: Yellow Mango, Heisenberg, Virginia Tobacco, Grape-Mint.
Conforms to the requirements of the TU U 220.1-43161084-001:2020 "E-liquids", p. 3.2.1.
FICH LABS takes control over full cycle of manufacturing process very seriously and complies with all quality control standards.
We keep working on constant upgrade our manufacturing process and improve product control methods.
We control product quality at each stage of manufacturing.
Our consumer should be sure that nicotine delivery system Fich corresponds to all international quality requirements and standards.
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