TERMS AND CONDITIONS OF PRE-ORDER & SALE
Effective December 5th, 2018
THESE TERMS AND CONDITIONS OF ORDER/ PRE-ORDER AND SALE (HEREINAFTER REFERRED TO AS THE “AGREEMENT”) SET FORTH THE TERMS AND CONDITIONS UPON, WHICH FLAPIT COUNTER LLC, A COMPANY WITH A PRINCIPAL PLACE OF BUSINESS AT 8560 SUNSET BLVD, UNIT 513, WEST HOLLYWOOD, CA 90069 IN THE UNITED STATES OF AMERICA (HEREINAFTER REFERRED TO AS “FLAPIT” AND/ OR, THE “COMPANY”) SELLS, AND YOU (HEREINAFTER REFERRED TO AS THE “CLIENT” AND/ OR “BUYER”), WHETHER A PHYSICAL OR JUDICIAL PERSON OR PERSON ACTING ON BEHALF OF ANOTHER PERSON, PRE-ORDER AND/ OR PURCHASE, DIFFERENT VERSIONS OF THE FLAPIT DEVICE OFFERED, THROUGH THE WEBSITE WWW.FLAPIT.COM (HEREINAFTER REFERRED TO AS THE “WEBSITE”). BY PURCHASING, THE CLIENT AGREE TO BE BOUND AND HONOR THIS AGREEMENT, WHICH FORM A BINDING CONTRACT BETWEEN THE CLIENT AND THE COMPANY, INCLUDING AN ARBITRATION CLAUSE. DO NOT ORDER OR PRE-ORDER A PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT.
TERMS & CONDITIONS:
The product(s) shall be considered only as the Flapit device.
Any orders for Products placed through the Website are binding, whether pre-order or order. All order quantities are firm, and you may not cancel or modify any order, except as per what has been foreseen in this Agreement, or applicable legislation.
3. Pre-Order Cancellation Policy
A pre-order purchase can be cancelled until May 31st (23:59 CET). Requests for cancellation shall be sent by email to firstname.lastname@example.org or by filling in the provided contact form on the Flapit website. The Company shall issue a full refund for any received payments no later than (10) ten business days upon receipt of the cancellation request. Cancellation requests will not be accepted once the product(s) have been submitted for delivery, for which the Client shall be notified by email. Product(s), which were delivered to the Client, may still be eligible for refunds (see section Replacement).
4. Pricing, Payment terms and Value-added tax
The Client agrees to pay the price for the particular Product chosen and listed on the Flapit website by credit card or through presented payment service provider as and in accordance with the payment procedures, at the time of payment described on the Website. Flapit may change product prices and payment service providers at any given time, even during the purchase process. The Buyer will be informed of any changes before any order is confirmed. The prices displayed do not include value-added tax (hereinafter referred to as “VAT”). The VAT is shown/ resented, if applicable, prior to the registration of the Buyer's order at the rate applicable on the day of the order. Any change in the applicable rate will automatically be applied to the order by Flapit on its website. The invoice for the products is presented once the payment is confirmed. A copy of the invoice is presented with the shipped product. The Buyer will as well be sent a proof of his order and payment by email as soon as his order is confirmed.
5. Delivery, Transfer of Title and Refunds
Title to the Product passes to the Buyer upon Flapit receipt of payment for the Product. The Products are delivered to the stated delivery address by courier TNT Express or DHL. The Company shall submit the Products for delivery no later than three (3) days upon receipt of the payment. In case of absence at the time of delivery, a notice will be left and the Client will be required to contact the courier and additional fees to the carrier for storage may apply. Any and all risk and/ or loss relating to the Product passes over to the Buyer upon delivery of the Product. Flapit may upon its discretion offer you a refund of the Product(s) ordered, in case the order is annulled at least five (5) days before the shipment date. A service charge of 10 euro may be deducted from the refund. Cancellation shall include any and all necessary details and be sent in due time properly to Flapit using the email address: email@example.com.
6. Personal Use Only; Restrictions
The Product is intended for personal use only. The Client shall use the Product only for personal purposes, not commercial and are not purchasing the Product, with the intention to resell the Product in any manner whatsoever. The Client shall not reverse engineer the Product, or any part thereof, or enhance and/ or use the Product in order to create a new and/ or competitive product.
If the Client believes that any Product shipped and received is faulty, the client shall contact Flapit through e-mail using the address: firstname.lastname@example.org to troubleshoot the Product. If necessary, the Client may request a return. Flapit may, at its discretion, accept returns for goods that are defective or damaged, provided that notice of such damage is given to Flapit within fifteen (15) days of receipt of such goods. No returns are accepted thereafter. The Client shall comply with Flapit return procedures when returning products. Flapit is under no obligation to accept any returns of Products, where the defect or fault was caused or probably caused by the Client or the defect or fault occurred after or at delivery. Flapit will ship a replacement Product to you only after receipt of the allegedly faulty Product by Flapit, that has been confirmed to been faulty before shipment. Features of Flapit do not qualify as fault. Refunds shall be made through the same payment channel used during the purchase of the Products.
8. Intellectual Property
Flapit and its licensors own all intellectual property rights in the Product(s). The Client shall acquire no interest or rights in Flapit intellectual property by virtue of this Agreement.
EXCEPT TO THE EXTENT THAT WARRANTIES ARE PROVIDED BY LAW, THE PRODUCTS ARE PROVIDED “AS IS”, WITH ALL FEATURES AND FAULTS. FLAPIT EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY PATENTS, OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLAPIT BE LIABLE FOR ANY COLLATERAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE PRODUCTS, TO ANY PERSON, BE THAT CLIENT OR THIRD PERSON, EVEN IF FLAPIT SHALL HAVE BEEN ADVISED OF SUCH POTENTIAL DAMAGES.
TO THE EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL FLAPIT LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH ANY PRODUCT EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID. THESE LIMITATIONS WILL APPLY WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, UNDER STATUTE OR OTHERWISE. Any legal proceedings against Flapit relating to this Agreement shall be filed within one (1) year after shipment of the applicable Product to you. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.
The Client alone is responsible for the manner in which the Product(s) are used. You shall defend, indemnify and hold harmless Flapit and its officers, directors, employees and agents (“Indemnities”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Product(s) not expressly in accordance with this Agreement or from any claim or suit made against the Indemnities as a result of such conflicting use. The Client is as well liable to expressly extend this to any other person which is given the right of usage or whom could take the right of usage of the Product.
12. Force Majeure
Flapit shall not be liable for any breach of this Agreement to the extent arising from any factor outside of Flapit's control.
13. Entire Agreement
14. Applicable Law and Jurisdiction; Compliance
If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties. This Agreement shall not be modified, nor compliance with any provision waived, except in writing signed by both parties. Flapit’s failure to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by Flapit of any other provisions of prior, concurrent or subsequent default by Flapit in the performance of or compliance with any of the terms and conditions set forth herein.