Terms of Service
OVERVIEW
Welcome to Flacko17! The terms "we", "us" and "our" refer to Flacko17. Flacko17 operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the "Services").
The terms and conditions below, together with any policies referred to herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
When you visit, interact with or use our Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all the rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colours or appearance of a product may differ from how they appear on your screen due to the type of device used to access the store and to your device's settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as displayed or illustrated in our online stores.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Flacko17 reserves the right to accept or decline your order for any reason, at its sole discretion. Your order will not be considered accepted until Flacko17 confirms acceptance. We must receive and process payment before your order is accepted. Before submitting your order, please review it carefully, as Flacko17 may not be able to fulfil cancellation requests after an order has been accepted. If we do not accept, make changes to, or cancel an order, we will attempt to notify you using the email, billing address and/or telephone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that any purchases you make are for personal or household use and not for commercial resale or export.
SECTION 4 — PRICING AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, or customs or import duties.
The prices posted in our online stores may differ from prices offered in physical stores, or in online or other stores operated by third parties. From time to time, we may offer promotions on the items, which may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use such credit card to make the purchase, (iii) the charges incurred by you will be honoured by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including any shipping and handling charges and all applicable taxes, if any.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and do not constitute guarantees. We are not liable for delays caused by carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, marks, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are the property of Flacko17, its affiliates or licensors, and are protected by the patent, copyright and other intellectual property laws of Portugal and other countries.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, transfer, store or transmit any material relating to the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants, or shall be construed as granting, any licence or other rights to you under any patent, trademark, copyright or other intellectual property of Flacko17, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. Flacko17 reserves all rights not expressly granted herein.
The Flacko17 names, logos, product and service names, designs and slogans are trademarks of Flacko17 or its affiliates or licensors. You may not use these trademarks without the prior written permission of Flacko17. All other names, logos, product and service names, designs and slogans relating to the Services are trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to third-party customer tools offered as part of the Services, over which we exercise no monitoring, control or input.
You acknowledge and agree that we provide access to these tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of the optional third-party tools.
Any use by you of the optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to any third-party websites, or to your purchase or use of any products, services, resources or content on any third-party websites. You should carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions relating to third-party products and services should be directed to the third party.
SECTION 9 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here, and certain personal information may be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read these privacy policies.
SECTION 10 — FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, optimise, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or have all the rights necessary to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of the Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation to (1) keep your Feedback confidential; (2) pay you any compensation for the Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that otherwise violates the intellectual property of any third party or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or any other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene Feedback, nor will it contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you share and for its accuracy. We are not responsible and assume no liability for any Feedback posted by you or any third party.
SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or about the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted an order).
SECTION 12 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or cause harm to any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, transfer, use or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm Flacko17 or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or of any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
SECTION 13 — TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that, by their nature, survive termination.
SECTION 14 — WARRANTY DISCLAIMER
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from any reliance placed on these materials by you or by any other visitor to the Services, or by anyone who may be informed of any part of their content.
EXCEPT AS EXPRESSLY STATED BY FLACKO17, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 15 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLACKO17, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 16 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Flacko17 and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to third parties by reason of or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that a failure to promptly notify you shall not relieve you of your obligations, except in the case of material prejudice. We may control the defence and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by making relevant documentation available.
SECTION 17 — SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of its rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or any notice from us.
SECTION 20 — GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Flacko17 has its established headquarters. You and Flacko17 consent to the venue and personal jurisdiction of those courts.
SECTION 21 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 22 — CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any significant changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
