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Terms & Conditions

Last updated: 25 June 2018


OVERVIEW

Stapyl Pty Ltd trading as FLYNN with Australian Business Number (ABN) 34 138 764 280 (collectively referred to as “FLYNN”, “we”, “us” or “our”) owns and operates the Website known as www.shopflynn.com (“Website”). These terms and conditions, and any policies or documents to which a link is provided in them (collectively, "Terms"), set out the terms of use that apply to this Website.

Please read these Terms carefully, before accessing or using our Website. By accessing or using any part of this Website, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the Website, or use any services.

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the Website following the posting of any changes, constitutes acceptance of those changes.

Our Website is hosted by Shopify Inc. They provide us with the online e-commerce platform, that allows us to sell our products and services to you.


MINIMUM AGE

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You are responsible for maintaining the confidentiality of any account or password, and for restricting access to your computer and other devices. You agree to accept responsibility for all activities that occur from your computer or other devices, or under your account or password, including all activities of your minor dependents.


USE OF WEBSITE

You may not use our Website for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses, or any code of a destructive nature. A breach or violation of any of the Terms may result in an immediate termination of your ability to use the Website. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.


GENERAL CONDITIONS

We reserve the right to refuse or suspend service and access to the Website to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


PURCHASE FOR PERSONAL USE ONLY

You may purchase FLYNN products for personal use only, and not with the intention of resale. By placing your order, you are certifying that you are purchasing products for personal use only, and not for resale. We reserve the right to refuse orders for any reason without explanation.


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.


PRODUCTS AND PRICING

Prices shown on our Website are displayed in your local currency (where possible). We provide native currency pricing, to a number of countries. For all other countries, prices will be displayed throughout the Website in either United States Dollar (USD) or Euro (EUR), depending on your countries location. It’s important that you familiarise yourself with our Currency section via our Payments page, prior to making a purchase on our Website.

We currently offer both DDP (Delivery Duty Paid) and DDU (Delivery Duty Unpaid) services, depending on your countries location. It’s important that you familiarise yourself with our Duties & Taxes section via our Shipping & Returns page, to confirm which service type you qualify for, prior to making a purchase on our Website.

In the instance that your country qualifies for DDU (Delivered Duty Unpaid), as the customer, you will be responsible for any customs fees, import duties and taxes incurred upon delivery. This charge is determined by your local customs authority. Payment of these charges is necessary, to release your package from customs. Delivery will not occur, until these charges have been paid by you.

Our range of products offered for sale via the Website are subject to change without notice. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to our current Returns Policy, which can be located via our Shipping & Returns page.

We have made every effort to display as accurately as possible, the colours and images of our products that appear on our Website. We cannot guarantee that your computers monitor, or mobile devices display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.


ORDERS, BILLING AND DELIVERY

We reserve the right to refuse any order you place with us. 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 corporate accounts, the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, prohibit and cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. This right shall exist even after an order has been processed electronically via the Website, and payment has been made. Any order that has been prohibited, voided or cancelled shall receive a full refund in the event that payment has been processed prior to the cancellation. 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 agree to provide current, complete and accurate purchase, credit card and account information for all purchases made via the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For all delivery information, please review our Shipping & Returns page. All orders made via this Website, will be subject to the Terms outlined on our Shipping & Returns page.

Anyone at the delivery address who receives the goods, shall be presumed to be authorised to receive the goods on your behalf. If there is no-one at the delivery address at the time of delivery, you may need to make alternate arrangements regarding a suitable time with the chosen courier service. You may be required to pay an additional fee in this instance. Risk and title of the goods passes to you upon delivery of the goods to the delivery address.


PERSONAL INFORMATION

Your submission of personal information to us through the Website or any other communication is governed by our Privacy Policy. By using this Website, you agree to our Privacy Policy.


ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information in our Website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in our Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website, should be taken to indicate that all information in the Website has been modified or updated.


INTELLECTUAL PROPERTY

FLYNN and its associated logos are Trade Marks of Stapyl Pty Ltd (“Trade Marks”). All material on this Website, including the text, information, graphics, photographs, logos, design, layout, downloads, pricing, products, and services ("Content") is owned by or licensed to us. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with our prior written consent, or as permitted by law. All our rights are reserved. Trade Marks used on this Website to describe third parties and their products are Trade Marks of those third parties.


LINKING AND THIRD-PARTY CONTENT

You must not link to, frame or mirror any part of the Website without our written authorisation. The Website may contain links to or display the content of third parties ("Third-Party Content"), including links to websites operated by other organisations and individuals ("Third-Party Websites"). Third-Party Content and Third-Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third-Party Content, Third-Party Websites or the products, services or information available on any Third-Party Website, or in respect of the owner or operator of a Third-Party Website or their conduct. If you use or rely upon Third-Party Content or Third-Party Websites, you do so solely at your own risk.


PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or for any other reason; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape or use any method or process for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, analysing or repacking the Content; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; (l) for commercial purposes (including for competitive advantage or to our competitive disadvantage, or to discover pricing or related business methodology or systems); (m) in any way that interferes with, disrupts, or creates an undue burden on the Website or our employees, including transmitting large amounts of untargeted, unwanted or repetitive content. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.


DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove access to the Website for indefinite periods of time or cancel the access at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this Website or by and Third-Party Content or Third-Party Website.

The service and all products and services delivered to you through the Website 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 other than those required by law. Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. For further information, please review our Returns section as part of our Shipping & Returns page.

Other than as set out above, and to the extent permitted by law, we exclude all other liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to this Website.


INDEMNITY

You agree to indemnify, defend and hold us, together with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (each an "Indemnified Party"), 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We hold the benefit of this indemnity for Stapyl Pty Ltd and on trust for each Indemnified Party.


SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.


TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website and by ceasing all further use of the Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may 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 we may deny you access to our Website (or any part thereof).


ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.


GOVERNING LAW

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.


CONTACT INFORMATION

If you have any questions regarding these Terms, you can contact us at:

Full name of legal entity:
Stapyl Pty Ltd trading as FLYNN, a company registered in Australia with Australian Business Number (ABN) 34 138 764 280

Registered office:
72 Sutherland Road
Armadale, Victoria 3143
Australia

Email address: customercare@shopflynn.com