INTERNATIONAL ORDER TERMS AND CONDITIONS
Flow is the Seller of the Goods.
Various suppliers have partnered with Flow Commerce Inc. and its wholly owned subsidiaries (“Flow”) as a fulfillment provider to process and facilitate orders placed on their website which are to be shipped to an address outside the United States (“International Orders”). As a result, any such International Orders are governed by these International Order Terms and Conditions. By confirming your International Order, you indicate that you accept and agree to these International Order Terms and Conditions in addition to any other terms and conditions required in relation to your purchase. In the event that these International Order Terms and Conditions conflict with other terms and conditions set by the supplier in relation to an International Order, these International Order Terms and Conditions shall apply.
Flow reserves the right to refuse to process or to cancel any International Order for any reason or no reason, including (but not limited to) the determination that the sale, in our unfettered discretion, would be to the detriment of either Flow or the supplier (which may include, but is not limited to, incorrect pricing). Certain addresses may be ineligible for purchase, including PO box addresses. You agree that by submitting an International Order you are making an offer to purchase the product(s) listed in your shopping cart under these International Order Terms and Conditions and we may choose not to accept any International Order. When completing your purchase on the supplier’s website and related checkout page, you will be providing your payment details, shipping address and any additional information required to complete your order directly to Flow, and not to the supplier itself.
Once your order has been approved and ready for shipping, Flow will assume economic title to the goods you have ordered for purpose of fulfilling your International Order. Any payment associated with an International Order will be processed and accepted directly by Flow, as the seller of the goods to you (“Merchant of Record”). For sales in Canada, the Merchant of Record is Flow Commerce Canada Inc., a Canada corporation, with its registered address at Suite 2400, 745 Thurlow Street, Vancouver British Columbia V6E 0CS, with a company number of BC1159587. For sales in the EU, the Merchant of Record is Flow Commerce Limited, a private company limited by shares, with its registered address at 2nd Floor, Palmerston House, Fenian Street, Dublin 2, Ireland, with a VAT number of IE 3438168MH. The supplier may provide the shipping to you, and if it does, it does so as a subcontractor of Flow. In addition, where it is required by law, rule or regulation, or where you elect to prepay any applicable duties and taxes, Flow will collect any such duties and taxes with your payment and make payment to the appropriate taxing authority on your behalf. When Flow receives your payment details and any additional information related to your International Order, you hereby acknowledge and agree that Flow is entitled to verify and authenticate your payment information, and if it is unable to verify this information, a Flow representative may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.
Once the payment is processed and immediately before your International Order is handed to the common carrier, economic title in the goods will shift to you. Flow will then direct shipment of the goods by common carrier for delivery to the address indicated in your International Order.
Payments: Processing and Accepted in Your Currency.
All payments collected in relation to International Orders will be processed on the Flow payments system. To learn more about the providers of payment processing, please click here. At checkout, you may select your preferred currency and payment method from those listed as available currencies and payment methods. Flow will present the purchase price to you in your preferred currency. Please note that prices in different countries and currencies may vary. When you complete and confirm payment, you are indicating that you agree and accept the presented price as the purchase price.
You agree that neither Flow nor the supplier shall be liable for any issues regarding financial and monetary transactions between you and any other party.
Returns and Customer Service Will Be Provided by Flow and the Supplier.
You may contact Flow directly via email at email@example.com or at +1 (929) 265-2865. While Flow is the seller of the goods, or Merchant of Record, you may direct any inquiries, questions or comments regarding the goods you have purchased—including returns and refunds to the suppliers themselves or at our customer service center at firstname.lastname@example.org. The suppliers will coordinate with Flow as needed to address your concerns. The supplier’s published Returns Policy will apply for all International Orders. If Flow’s supplier of the good(s) you are purchasing has a return policy that allows for international returns, Flow may extend that supplier’s return policy to its consumers as well. You should review the return policy on such supplier’s website. Additionally, regardless of whether returns are permitted, Flow has the right to refuse any return if there is a restriction on the product, either applicable to it when exported from your country or imported to the country of return. You acknowledge and agree that for any refunds you shall not receive any interest on the amounts paid. Nothing hereby prejudices your rights under the EU Consumer Rights Directive.
By placing your International Order, you indicate that you agree and accept the following terms:
- Flow has no obligation to process the payment for your order until the order has been accepted, and Flow reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- In the event that a product was listed, sold, or processed with an incorrect price, Flow has the right to contact you, fix the price (with your consent) and/or cancel your order.
- In some jurisdictions, Flow utilizes contracted third parties under strict confidentiality and data protection requirements for purposes of payment processing services.
- If you elect to use a payment card or other electronic form of payment for purchase of your International Order, the charges to your account will be accompanied by a descriptor referencing Flow and/or the supplier.
- For your protection, Flow utilizes various fraud prevention protocols and industry standard verification systems to reduce fraud. As a condition of accepting your International Order, you must comply with such protocols and business risk policies, including but not limited to card authentication and “ship to” and “bill to” address verification. Once an order is placed, you may not change payment information or any “ship to”/“bill to” address. If a request for an International Order is declined by Flow or the supplier but payment is processed due to an error in the Flow payment system, that transaction shall be void.
- In the event that any items in your International Order are shipped separately or at different times, or in the event that your International Order is partially filled, you will only be charged for the goods actually shipped to you, including any shipping fees, duties, taxes, VAT and or other fees applicable to those goods.
Customs, Duties, Taxes and Collection Fees.
You are responsible for payment of the estimated value of any import taxes, sales tax, value added tax, and customs duties that may be levied by any government authority, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party, including any additional penalties or fees imposed by applicable tax or customs authorities (collectively, “Duties, Taxes and Fees”). Flow shall be liable for any difference in the estimated Duties, Taxes and Fees and the actual Duties, Taxes and Fees due and payable upon entry to the destination country. You will never be asked to pay additional Duties, Taxes and Fees after checkout, nor will you be entitled to receive a refund of any portion of the estimated Duties, Taxes and Fees.
IN THE EVENT THAT YOU DEFER PAYMENT OF ANY APPLICABLE DUTIES, TAXES AND FEES FOR PAYMENT UPON DELIVERY, YOU ARE (OR THE RECEIPIENT IS) FULLY LIABLE FOR PAYMENT IN FULL OF THE DUTIES, TAXES AND FEES AT THE TIME OF DELIVERY. IF YOU FAIL TO PAY ANY APPLICABLE DUTIES, TAXES AND FEES WHICH BECOME DUE UPON DELIVERY, ANY COSTS, DUTIES, TAXES AND FEES WHICH ACCRUE IN RELATION TO THE INITIAL DELIVERY AND SUBSEQUENT RETURN OF THE INTERNATIONAL ORDER OR PORTION THEREOF SHALL BE DEDUCTED IN FULL PRIOR TO A REFUND OF THE PURCHASE PRICE OF RETURNED GOODS. ADDITIONALLY, IF YOU DO NOT PRE-PAY, OR AT THE TIME WHEN DUE IF YOU OR THE RECEIPIENT DO NOT PAY ALL DUTIES, TAXES AND FEES AND SUBSEQUENTLY REFUSE OR FAIL TO ACCEPT THE MERCHANDISE OR ATTEMPT TO RETURN THE MERCHANDISE TO AVOID PAYING THE DUTY OR TAXES: (1) ANY AMOUNTS YOU PAID FOR SHIPPING AND HANDLING SHALL NOT BE RETURNED TO YOU, (2) YOU ARE RESPONSIBLE FOR ALL COSTS AND EXPENSES OF STORAGE, ADDITIONAL HANDLING AND OTHER FEES INCURRED AT THE BORDER, (3) FLOW MAY NOT REFUND ANY AMOUNTS IF YOU RETURN THE MERCHANDISE, (4) YOU CONTINUE TO REMAIN LIABLE FOR ALL DUTIES AND TAXES UNTIL PAID, (5) IF YOU WANT TO BE REIMBURSED FOR ANY DUTIES, TAXES OR OTHER BORDER FEES, YOU ARE RESPONSIBLE FOR CONTACTING THE APPLICABLE GOVERNMENT AGENCY FOR SUCH REIMBURSEMENT, AND (6) AN ACCOUNTING WILL BE DONE AND IN THE EVENT YOU OWE ADDITIONAL FUNDS TO FLOW, YOU GRANT FLOW THE RIGHT TO CHARGE SUCH AMOUNTS TO YOUR ORIGINAL PAYMENT METHOD (AND IF ANY AMOUNTS ARE DUE TO BE REFUNDED TO YOU, FLOW WILL REFUND SUCH AMOUNTS).
You hereby authorize a licensed customs broker chosen by Flow to act as your agent in working with foreign customs and revenue authorities to arrange for clearance of your International Order, and settle any duties and taxes on your behalf, if applicable. You hereby grant a proxy or power of attorney (“POA”) to any common carrier or broker designated by Flow authorizing the assigned customs broker or agent to act on your behalf. You agree and acknowledge that you are the Importer of Record, and acknowledge that the granting of the POA is a reasonable condition of service provided by Flow and its designated carrier, broker or agent.
No Warranty; Limitation of Liability.
Flow cannot guarantee the availability of any product as or when depicted on the supplier’s website. FLOW PROVIDES THE FLOW CHECKOUT, FLOW WEBSITE, AND FLOW TECHNOLOGY INCLUDING THE PAYMENT SYSTEM (“FLOW TECHNOLOGY”) ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE GOODS PURCHASED, THE OPERATION OF THE FLOW TECHNOLOGY, OR THE INFORMATION OR CONTENT DISPLAYED ON OR ACCESSIBLE VIA THE SYSTEM, INCLUDING FLOW DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE FLOW TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE FLOW TECHNOLOGY OR THE SERVERS THAT MAKES THE FLOW TECHNOLOGY AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FLOW TECHNOLOGY IS SOLELY AT YOUR OWN RISK. FLOW DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY PRODUCT IMAGES, DESCRIPTIONS OR SPECIFICATIONS PROVIDED AT THE SUPPLIER’S WEBSITE. You are making your purchases directly from Flow and not the supplier. FLOW WILL USE REASONABLE EFFORTS TO CONTRACTUALLY REQUIRE THE SUPPLIER TO HONOR THE LIMITED WARRANTIES FOR THEIR PRODUCTS AND TO THE EXTENT SUCCESSFUL, FLOW WILL PASS THROUGH THOSE WARRANTIES TO YOU. HOWEVER, FLOW DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS REGARDING THE PRODUCTS PURCHASED AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE FITNESS, QUALITY OR SAFETY OF ANY MERCHANDISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the disclaimers, exclusions or limitations contained in these International Order Terms and Conditions may not apply to you, and you may have additional rights than those contained herein.
You acknowledge and agree that the supplier and Flow reserve their respective rights to analyze transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the supplier’s customer experience and/or the Flow services. Any transactional data so analyzed will be aggregated and deidentified, such that any personally identifiable information is removed. YOU AGREE THAT FLOW HAS NO LIABILITY FOR THE MISUSE OF YOUR PERSONAL DATA BY ANY SUPPLIER OF ANY OF THE MERCHANDISE PURCHASED HEREUNDER.
NONE OF FLOW OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, VENDORS OR CONSULTANTS WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE FLOW TECHNOLOGY OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE FLOW TECHNOLOGY, EVEN IF FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF FLOW IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE FLOW TECHNOLOGY OR ANY MERCHANDISE, FLOW’S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
Compliance with Applicable Laws.
By agreeing to these International Order Terms and Conditions, you certify that any goods purchased in an International Order will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Treasury Department. By purchasing such products you are the importer of record and you are acknowledging that delivery of the International Order does not violate any laws or regulations in the country of delivery, and you acknowledge and agree that it is your responsibility to know the laws in the country into which you are importing such products. You acknowledge that the foregoing shall be true regardless of any incoterms included on any commercial invoice provided to customs, it being understood that the incoterms is not a binding agreement between you and Flow.
Certain countries’ laws modify the terms contained herein. If you live in one of those countries, your rights may be greater than those listed in these International Order Terms and Conditions.
When you place an International Order, you are communicating with Flow electronically, and acknowledge and agree to enter into your purchase agreement by electronic means, and to receive communications from Flow electronically via email. You further agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the supplier and Flow each reserve the right to make changes to its systems, policies, and these International Order Terms and Conditions at any time. If any or any portion of these International Order Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term or portion of terms shall be deemed severable, and shall not affect the validity and enforceability of the remainder.
The entire content included in the Flow Technology, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Flow. The collective work includes works that are licensed to Flow. Any use other than the purchase of merchandise through the Flow Website, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited.
All trademarks, service marks and trade names of Flow used in the site (including but not limited to the Flow name and the Flow globe design are trademarks or registered trademarks of Flow Commerce Inc.
Governing Law; Entire Agreement.
These International Order Terms and Conditions are governed by and construed in accordance with the laws of the state of New Jersey and the laws of the United States applicable therein as well as the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), regardless of whether the country in which you are located is a signatory to CISG. Any action or proceeding arising out of, or related to, these International Order Terms and Conditions and the binding agreement between you and Flow must be brought in the courts of the state or federal courts located in Hudson County, New Jersey and you hereby irrevocably agree to the jurisdiction of the courts in Hudson County, New Jersey for all such purposes. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Flow without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.