TERMS & CONDITIONS
OVERVIEW
This website is operated by Flitz International Ltd., d/b/a Flitz Premium Polishes (“Flitz,” “us,” “we,” or “our”). The following terms and conditions, together with any documents, terms, or policies incorporated by reference (collectively, these “Terms of Service,” or “Terms”) govern your access to and use of www.flitz.com (the “Site”) including any information, tools, functionality, and services offered to you on or through the Site. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE SITE OR USE ANY SERVICES OFFERED THEREON.
Any new features or tools which are added to the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time by accessing this page. We reserve the right to update, change or replace any part of these Terms of Service in our sole discretion and without prior notice to you. It is your responsibility to check this page periodically for changes, as they are binding on you. Your continued use of or access to the Site following the posting of any revised Terms of Service constitutes your acceptance of and agreement to such revised Terms.
SECTION 1 - PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation.
If you are not of the age of majority in your jurisdiction. By using the Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “spam,” or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined in our sole discretion, may harm Flitz or users of the Site, or expose them to liability.
Additionally, you agree that you shall not:
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized by these Terms of Service, without our prior written consent.
Introduce on the Site any viruses, worms, Trojan horses, logic bombs, or other material that is malicious or technologically harmful.
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Otherwise attempt to interfere with the proper working of the Site.
SECTION 2 - ONLINE PURCHASES AND TERMS OF SALE
All purchases through the Site or other transactions for the sale of goods or services formed through the Site are governed by the following Terms of Sale, which are hereby incorporated into these Terms of Service and subject to change without notice at any time in our sole discretion.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of a contract of sale between Flitz and you will not take place unless and until you have received your order confirmation e-mail.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail.
Terms of payment are within our sole discretion and payment must be received by us before we accept your order. By submitting payment information to the Site, you represent and warrant that (i) the account information you supply to the Site is true, correct, and complete; (ii) you are duly authorized to use such account for the purchase; (iii) charges incurred by you will be honored by your bank or credit card company, as applicable; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling costs.
We have made every effort to display as accurately as possible the colors and images of the products appearing on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
All descriptions of products or product pricing are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You represent and warrant that all products purchased by you from the Site are for your personal use only, and not for subsequent resale or export. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
From time to time, certain contests, promotional offers, and discounts for purchases of products or services may be made available on the Site (each, a “Promotion”). We reserve the right to modify or change the terms of any Promotion or to end a Promotion at any time without notice.
The Site is hosted by BigCommerce Inc, a third-party online e-commerce platform that facilitates the sale of products and services to you through the Site. All payment information provided to the Site via its custom checkout process is encryption-secured. The Site retains name, address, e-mail, and phone number information submitted by users during checkout, which is governed by the Privacy Policy, however no credit card information or cookies are stored by the Site. All credit card account information provided during purchase is securely collected and stored by our third-party payment processing service providers, consistent with online retail industry standard practices.
SECTION 3 – MONTHLY SUBSCRIPTIONS
The Site may provide you with the option to purchase certain products at an additional discount by setting up regularly scheduled deliveries on a monthly subscription basis.
Subscription benefits are limited to items displaying the Monthly Subscription offer in the custom checkout page or the product page. Subscriptions are only available to customers shipping to addresses in the United States. Some eligible items may only be available for shipping within the 48 contiguous U.S. states. Your participation in a Flitz subscription program is personal to you, and may not be assigned or transferred to any third party without our authorization.
To start a subscription, simply select the monthly subscription option at checkout or on the product page, and select the quantity of products to be included in your subscription. After your first order, your subscription will create a new order for the selected products every 30 days (each, a “Renewal Date”), until you cancel. Flitz reserves the right to change subscription benefits, including the discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions. We may, in our sole discretion, terminate your subscription at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
You may skip a delivery for your subscription at least five (5) days prior to your Renewal Date by accessing the Subscription Settings tab in your account page on the site and selecting Skip Next Delivery / by contacting Customer Service at PHONE NUMBER / E-MAIL ADDRESS.
The charge for each product subscription will be billed to the payment method used to create your subscription or as otherwise instructed by you. If we are unable to complete your subscription order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge such payment method for your subscription order. Your subscription will remain in effect until it is cancelled. You can cancel at any time via your account page on the Site / by contacting Customer Service at info@flitz.com.
We may, in our sole discretion, change the terms applicable to subscriptions without notice to you. Your continued participation after we change these terms constitutes your acceptance of the changes. If you do not agree to these changes, you must cancel your subscriptions.
SECTION 4 - RELIANCE ON INFORMATION POSTED
The information presented on the Site 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 such information on this Site is at your own risk. Flitz disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
SECTION 5 - DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove all or part of the Site for indefinite periods of time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Flitz, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 the Site or any products procured through the Site, or for any other claim related in any way to your use of the Site 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 Site or any User Contributions (as hereinafter defined) posted, transmitted, or otherwise made available via the Site, even if advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 6 - OPTIONAL TOOLS
The Site may provide you with access to third-party tools which we do not monitor and over which we have no control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via the Site may include materials from third-parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with Flitz. We are not responsible for examining or evaluating the content or accuracy of and do not warrant and hereby disclaim any liability or responsibility for any third-party materials or websites made available through the Site.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - USER CONTRIBUTIONS
The Site may host message boards, forums, contests, promotions, and other interactive features that allow users transmit, post, submit, publish, or display to other users or persons certain content or materials on or through the Website (collectively, “User Contributions”), such User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant Flitz and its licensees, successors, and assigns a perpetual, royalty-free, worldwide, and sublicensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license above to us and our licensees, successors, and assigns, and that your User Contributions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Contributions will not contain libelous or otherwise unlawful, abusive, or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Contributions. You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute and you, not Flitz, have full responsibility for such content, including its legality, reliability, appropriateness and accuracy. We take no responsibility and assume no liability for any User Contributions posted on the Site by you or any other user of the Site.
SECTION 9 – MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Monitor, edit, or remove User Contributions for any or no reason in our sole discretion
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, infringes any intellectual property right of any person or entity, is threatening the personal safety of the Site’s users or the public, or could expose Flitz to liability.
Disclose your identity or other information about you to any third party who claims that material posted on the Site by you violates their rights, including their intellectual property rights.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any violation of these Terms of Service.
SECTION 10 - INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
All information we collect on the Site is governed by our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy. To view our Privacy Policy.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Flitz and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees)arising out of or relating to your violation of these Terms of Service or your use of the Site, including but not limited to your User Contributions, any use of the Site’s content, services, products, and tools other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Site.
SECTION 12 – WAIVER; SEVERABILITY
No waiver by Flitz of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable for any reason, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions of these Terms of Service.
SECTION 13 - ENTIRE AGREEMENT
These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Flitz and supersede any prior or contemporaneous agreements, understandings, representations, and warranties, whether oral or written, regarding the Site.
SECTION 14 - GOVERNING LAW
All matters relating to the Site and these Terms of Use, and any dispute arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without regard to any choice or conflict of law provision (whether of the State of Wisconsin or any other jurisdiction).
SECTION 15 – ARBITRATION; CLASS ACTION WAIVER
If not resolved through negotiation, any dispute between you and Flitz or any of its affiliates arising under, out of, in connection with or in relation to the Site or these Terms of Service must be submitted to binding arbitration under the authority of the Federal Arbitration Act and must be determined by arbitration administered by the American Arbitration Association pursuant to its then-current commercial arbitration rules and procedures.
Any arbitration must be on an individual basis and the parties to such arbitration and the arbitrator therefor will have no authority or power to proceed with any claim as a class action or otherwise to join or consolidate any claim with any other claim or any other proceeding involving third parties. If a court determines that this limitation on joinder of or class action certification of claims ins unenforceable, then this entire commitment to arbitrate will become null and void and the parties must submit all claims to a court of competent jurisdiction.
Arbitration must take place in Racine County, Wisconsin. The arbitrator must follow the law and not disregard the provisions of these Terms of Service. A judgment may be entered upon the arbitration award by any state or federal court of competent jurisdiction. The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator may not under any circumstances assess punitive, exemplary, or consequential damages. The arbitrator, and not a court, shall have exclusive authority to resolve any dispute over the enforceability of all or any part of this Section. In the event that any one or more provisions of this Section shall be or become invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this Section shall not be affected thereby.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@flitz.com