Terms and Conditions for Sale of Goods in the United States
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 within the United States (“Orders”). As a result, any such Orders are governed by these Terms and Conditions. By confirming your Order, you indicate that you accept and agree to these Terms and Conditions in addition to any other terms and conditions required in relation to your purchase. In the event that these Terms and Conditions conflict with other terms and conditions set by the supplier in relation to an Order, these Terms and Conditions shall apply.Flow reserves the right to refuse to process or to cancel any 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 Order you are making an offer to purchase the product(s) listed in your shopping cart under these Terms and Conditions and we may choose not to accept any 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 Order. Any payment associated with an Order will be processed and accepted directly by Flow, as the seller of the goods to you (“Merchant of Record”). When Flow receives your payment details and any additional information related to your 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 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 Order.Flow’s Privacy Policy. Flow’s Privacy Policy, which applies to Flow’s collection, use, disclosure and other processing of personal information, is located at https://link.flow.io/policies/privacy. You consent to the personal and other information that Flow may obtain about you being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.Payments. All payments collected in relation to 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 payment method from those listed as available payment methods. 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 Suppliers. You may contact Flow directly via email at help@flow.ioor 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 help@flow.io. The suppliers will coordinate with Flow as needed to address your concerns. The supplier’s published Returns Policy will apply for all Orders. If Flow’s supplier of the good(s) you are purchasing has a return policy that allows for 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.General Terms. By placing your 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 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 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 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 Order are shipped separately or at different times, or in the event that your Order is partially filled, you will only be charged for the goods actually shipped to you, including any shipping fees, taxes, and/or other fees applicable to those goods.
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 TECHNOLOGYWILL 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 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 TECHNOLOGYOR 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 TECHNOLOGYOR ANY MERCHANDISE, FLOW'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.Electronic Communications.When you place an 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.Modifications.You acknowledge and agree that the supplier and Flow each reserve the right to make changes to its systems, policies, and these Terms and Conditions at any time. If any or any portion of these 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.Copyright.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.Trademarks.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 Terms and Conditions are governed by and construed in accordance with the laws of the state of New Jersey. Any action or proceeding arising out of, or related to, these 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.