OVERVIEW
By visiting our website and/or purchasing anything from us, you are joining our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants and/or content creators.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms of this agreement, do not visit the Website or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or resources added to the current store are also subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. If you continue to use or visit the website after changes are posted, you agree to be bound by those changes.
Our store is hosted by Shopify Inc, which provides us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS AND CONDITIONS OF THE ONLINE STORE.
By agreeing to these Terms of Use, you represent that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and have given us permission for one of your minor family members to use this website.
You may not use our products for illegal or unauthorized purposes or violate any laws in your jurisdiction (including, but not limited to, copyright laws) when using the Service.
You may not transmit worms, viruses or other destructive code.
Violation or breach of the Terms will result in immediate termination of your Services.
DEEL 2 - ALGEMENE VOORWAARDEN
Wij behouden ons het recht voor om op elk moment en om welke reden dan ook service te weigeren.
U begrijpt dat uw Inhoud (geen creditcardgegevens) ongecodeerd kan worden verzonden en dat daarbij sprake kan zijn van (a) overdracht via verschillende netwerken en (b) wijzigingen om te voldoen aan en aan te passen aan de technische vereisten van verbindende netwerken of apparaten. Creditcardinformatie wordt altijd gecodeerd verzonden via netwerken.
U stemt ermee in geen enkel deel van de Dienst, gebruik van of toegang tot de Dienst, of enig contact op de website via welke de Dienst wordt verleend, te reproduceren, dupliceren, kopiëren, verkopen, door te verkopen of op enigerlei wijze te exploiteren zonder onze uitdrukkelijke schriftelijke toestemming.
De in deze Overeenkomst gebruikte kopjes dienen uitsluitend voor het gemak en zijn niet bedoeld om deze Voorwaarden te beperken of anderszins te beïnvloeden.
PART 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.
We accept no responsibility if the information on this website is not accurate, complete or current. The material on this website is for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any reliance on the material on this web site is at your own risk.
This Web site may contain certain historical information. Historical information is necessarily not current and is for reference only. We reserve the right to change the content of this website at any time. However, we are under no obligation to update the information on our website. You agree that it is your responsibility to keep abreast of changes on our website.
SECTION 4 - CHANGES IN SERVICES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any changes, price changes, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (where applicable).
Certain products or services may only be available online through the Website. These products or services may only be available in limited quantities and may only be returned or exchanged in accordance with our return policy.
Every effort has been made to ensure that the colors and images of our products displayed in the store are as accurate as possible. We cannot guarantee that the colors will display correctly on your computer screen.
We reserve the right, but have no obligation, to restrict the sale of our products or services to any particular person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or services we offer. Any product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this website is void if prohibited.
We do not guarantee that the quality of any product, service, information or other material you purchase or receive will meet your expectations or that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION.
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order at our sole discretion. These restrictions may apply to orders from or under the same customer account, the same credit card, and/or orders with the same billing and/or delivery address. If we change or cancel an order, we will attempt to notify you by contacting the email address and/or billing address/phone number you provided when placing the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases from our store. You agree to promptly update your account and other information, including your email address and credit card number and its expiration date, so that we may complete your transactions and contact you as necessary.
For more information, please see our return policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or rights.
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 assume no liability arising out of or related to your use of optional third-party tools.
Your use of optional tools offered through the Website is at your own risk and discretion and you must ensure that you are familiar with and agree to the terms on which the tools are offered by the relevant third party providers.
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services are also subject to these Terms of Use.
SECTION 8 - THIRD PARTY LINKS.
Certain content, products and services available through our Service may contain third-party material.
Third party links on this Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant or assume any liability or responsibility for any third-party material or websites or any other third-party material, products or services.
We shall not be liable for any damages or harm in connection with the purchase or use of any goods, services, resources, content or other transactions in connection with any third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us certain submissions (for example, contest entries) or unsolicited creative ideas, suggestions, proposals, plans, or other materials in response to our solicitation, whether online, by email, by mail, or otherwise (collectively, "Comments"), you agree that we may edit, reproduce, publish, distribute, translate, and otherwise use any Comments you send us at any time and without restriction in any medium. We are under no obligation to (1) keep Comments confidential, (2) pay a fee for Comments, or (3) respond to Comments.
We may, without being required to do so, monitor, edit or remove content that we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Use.
You agree that your comments do not infringe the rights of any third party, including copyrights, trademarks, privacy, personal rights or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that may interfere in any way with the operation of the Service or any related website. You must not use a false email address, impersonate anyone other than yourself or mislead us or third parties as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and are not liable for comments posted by you or third parties.
SECTION 10 - PERSONAL DATA
The provision of your personal data through the Shop is subject to our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS.
Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel an order if information on the Service or any related website is inaccurate at any time without notice (including after you place your order).
We are under no obligation to update, modify or clarify information on the Service or any related website, including but not limited to pricing information, unless we are required to do so by law. The statement of an update or renewal date in the Service or on any related website should not be construed as indicating that all information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES.
In addition to any other prohibitions in the Terms of Use, you are prohibited from (a) using the Site or its contents for any unlawful purpose; (b) inducing others to commit or participate in unlawful acts; (c) violating any international, federal, state or provincial regulations, rules, laws or local ordinances (d) infringing upon our intellectual property rights or the intellectual property rights of others (e) harass, abuse, insult, defame, belittle, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability (g) upload or transmit viruses or other malicious code that in any way disrupts or could disrupt the functionality or operation of the Service or any related website, other websites or the Internet (h) collect or track the personal information of others; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may from time to time remove the Service indefinitely or discontinue the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services made available to you through the Service are provided (unless expressly stated by us) "as is" and "as available" for your use, without representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Flara, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost income, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence) strict liability or otherwise, arising out of the use of the Service or products purchased through the Service, or for any other claim related to the use of the Service or any product, including but not limited to errors or omissions in Content or loss or damage of any kind incurred as a result of using the Service or any Content (or product) posted, transmitted or otherwise made available through the Service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION.
You agree to indemnify, defend and hold Flara and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents contained herein, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is deemed unlawful, void or unenforceable, such provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, and such provision shall not affect the validity and enforceability of any other provision.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties accrued prior to the Termination Date shall survive the termination of this Agreement for all purposes after such termination.
These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use at any time by informing us that you no longer wish to use our services or if you no longer use our website.
If, in our sole judgment, you fail or we suspect that you fail to comply with any term or provision of these Terms of Use, we may also 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 you may be denied access to our Services (or any part thereof) accordingly.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, all prior versions of the Terms of Service).
Ambiguities in the interpretation of these Terms of Service shall not be construed to the detriment of the author.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE.
You may view 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, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of our website or the Service following the posting of changes to these Terms of Use will be deemed your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Use should be directed to info@brany-co.com
