The terms and conditions stated herein (the "Agreement") constitute a legal agreement between you and PikFly, a Delaware corporation (the "Company"). To use the Service and Software you agree to the terms and conditions below. By using the services (the "Service"), and downloading, installing or using any associated software & apps which purpose is to enable you to use the Service, you hereby expressly acknowledge and are bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published at https://www.pikfly.com/terms-and-conditions. Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent.
Returns will not be accepted on any perishable item unless the wrong product was delivered. If the wrong product was delivered the correct replacement product will be delivered.
For all other products, a 7-day return policy is available. Notification must be made to PikFly at firstname.lastname@example.org within 7 days from the delivered date to qualify for our 100% satisfaction guarantee. Please provide the order number with the email. It is your responsibility to return the item to the merchant location.
COMPANY IS NOT A COURIER SERVICES OR LOGISTICS CARRIER. IT IS UP TO THE DELIVERY AGENT (the NAVIGATOR) TO OFFER COURIER SERVICES WHICH MAY BE SCHEDULED BETWEEN YOU AND THE NAVIGATOR THROUGH USE OF THE SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH INDEPENDENT, THIRD PARTY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE COURIER SERVICES OR ACT IN ANY WAY AS A COURIER.
All products will be delivered the same day unless otherwise noted on the order. Timing may vary based upon many factors such as:
Without the above limitations, we anticipate same day deliveries to be made within an hour of the order time.
Orders containing alcohol will be delivered according to the following policy. Navigators won’t deliver orders containing alcohol in the following situations:
If the Navigator, in his/her sole discretion, deem either of the above situations to be true, the alcohol products in your order will be canceled and returned to the merchant. You will be refunded, excluding the delivery fee(s). Any non-alcohol items will be delivered as outlined in our standard terms.
Navigators are provided guidance on how to handle deliveries when nobody answers the door. On occasion, and at their exclusive discretion, Navigators may not feel comfortable leaving your package, if that's the case, the Navigator will try again. Alcohol and most perishables will never be left without signature.
THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS MERCHANTS, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Each party shall indemnify, defend, and hold harmless the other and all respective officers, directors, employees, agents, and affiliates (the “Indemnified Party”) for, from, and against any losses, liabilities, claims, costs, and expenses, including attorney fees, that Indemnified Parties may incur or suffer by reason of (1) any liability, obligation, or commitment arising from acts or omissions of the indemnifying party (the “Indemnifying Party”); or (2) any material breach of the Indemnifying Party’s representations, warranties, covenants, and obligations. The Indemnified Party shall give prompt notice of any claim for indemnification. The parties agree and understand the Indemnifying Party shall have full control over the defense of such claim and receives the full cooperation of the other party in the defense thereof.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MERCHANTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ARIZONA.