Terms & Conditions
Introduction
Welcome to flaxmakerswim.com. We provide services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any flaxmakerswim.com’s service (e.g. placing an order or writing a customer review), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. flaxmakerswim.com reserves the right to change this site, and these terms and conditions at any time.
This website utilizes cookies. By accessing and utilizing this website, and by agreeing to these terms and conditions, you acknowledge and consent to our use of cookies as outlined in our privacy policy. For detailed information on how we handle your data, please refer to our privacy policy available at https://www.flaxmakerswim.com/pages/privacy-policy.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this Agreement.
Please read this Agreement carefully before proceeding.
License to Use the Website
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, flaxmakerswim.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Prohibited Conduct
- You must not, unless expressly permitted by flaxmakerswim.com in writing, you are prohibited from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling, or otherwise exploiting this Site or any portion thereof. Furthermore, you may not utilize any information provided on the Site for commercial purposes or for the benefit of any other business without explicit prior permission from flaxmakerswim.com. Flaxmakerswim.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, particularly if customer conduct is deemed to violate applicable laws or is detrimental to the interests of flaxmakerswim.com.
- You must not upload, distribute, or otherwise publish through this Site any Content, information, or other material that:
(a) Infringes upon or violates the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any individual or entity;
(b) Is defamatory, threatening, libelous, obscene, indecent, pornographic, or could potentially result in civil or criminal liability under U.S. or international law; or
(c) Contains any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. - You must not engage in any activity on this website that may result in damage to the website, or disrupt its availability or accessibility. Similarly, you must refrain from any actions that are unlawful, fraudulent, or harmful, or associated with such activities.
- You must not perform any systematic or automated data collection activities on or related to this website, including scraping, data mining, data extraction, or data harvesting, without the express written consent of flaxmakerswim.com.
- You must not use this website to send unsolicited commercial communications.
- You must not utilize this website for any marketing-related purposes without obtaining the express written consent of flaxmakerswim.com.
User Content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to flaxmakerswim.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to flaxmakerswim.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or flaxmakerswim.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Copyrights
All text, graphics, photographs, images, button icons, audio clips, logos, slogans, trade names, software, and other content on the flaxmakerswim.com website (collectively referred to as "Content") are the exclusive property of flaxmakerswim.com or its appropriate content suppliers. You are prohibited from using, reproducing, copying, modifying, transmitting, displaying, publishing, selling, licensing, publicly performing, distributing, or commercially exploiting any of the Content without the express prior written consent of flaxmakerswim.com. Any unauthorized use of the Content is strictly prohibited.
The use of data mining, robots, or similar data gathering and extraction tools on flaxmakerswim.com, as well as the use of flaxmakerswim.com trademarks or service marks in meta-tags, is strictly prohibited. You may only view and use the Content for personal information, shopping, and ordering on the site, and for no other purpose.
Copyright and other relevant intellectual property rights exist on all text relating to the Company's services and the full content of this website.
Intellectual Property Rights
Flaxmakerswim.com recognizes and respects all copyrights and trademarks.
It is the policy of flaxmakerswim.com to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that flaxmakerswim.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to lP@whosebilling.com.
Information required
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);
7. You affirm the accuracy of the provided information and notices, and assert that you either hold the copyright or possess explicit authorization to represent the owner of an exclusive right purportedly infringed upon, in alignment with Intellectual Property Rights policies.
Limitation of Liability and Warranty
Except as otherwise provided in the standard terms of sale governing each product on this site, flaxmakerswim.com, its products, and transactions conducted through the site are provided on an “as is” basis. Flaxmakerswim.com makes no representations or warranties, express or implied, regarding the operation of the site or the information, content, materials, or products included on this site, except as provided herein to the fullest extent permissible by applicable law. Flaxmakerswim.com disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration.
This site may contain inaccuracies, mistakes, or typographical errors. Flaxmakerswim.com does not warrant that the content will be uninterrupted or error-free. To the maximum extent permitted by law, flaxmakerswim.com shall not be liable for any damages arising from the use of this site, including but not limited to indirect, incidental, punitive, exemplary, special, or consequential damages.
To the maximum extent permitted by applicable law, flaxmakerswim.com's total liability to you for any damages (regardless of the foundation for the action) shall not exceed the aggregate amount of fees actually paid by you to flaxmakerswim.com during the month immediately preceding the act allegedly giving rise to flaxmakerswim.com's liability.
Flaxmakerswim and/or the seller will act according to the warranty as shown on the platform when and only when damage is in connection with the product and has valid and confirmed manufacturing defects. Flaxmakerswim and/or the seller will not be held liable or responsible for any damages resulting from customers improper use, personal negligence, and/or other reasons that do not attribute to product defects.
Order Cancelation
Please kindly note that only orders that are in the paid, processing or partially shipped status may be modified or canceled.
All other orders cannot be changed. We apologize for this inconvenience. In the event that you wish to cancel a shipped or packed order, please contact our dedicated support center for assistance as soon as possible.
If your order unfortunately cannot be canceled, we kindly suggest that you accept the package and refer to our warranty policy for more information.
If your order needs to be returned or exchanged, please refer to "Returns & Exchanges", can be found at https://www.flaxmakerswim.com/pages/returns-exchanges.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. Flaxmakerswim.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
Transfer of Title
Title to the products in your order will be transferred to you when the products leave our warehouse and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you at that time. By placing an order on this Site, you authorize flaxmakerswim.com to engage third party shipping services on your behalf.
Typographical Errors
While flaxmakerswim.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Flaxmakerswim.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, flaxmakerswim.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is miss-priced, flaxmakerswim.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Prices for products on flaxmakerswim.com are listed in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars based on the latest exchange rates. Due to fluctuating currency values, prices shown in non-U.S. currencies throughout the site, except on individual product pages, may not be current. Areas where non-U.S. currency denominations may be inaccurate include promotional banners, promotional pages, and product category information. The price displayed on an individual product page, irrespective of currency, is the current amount payable to flaxmakerswim.com, excluding shipping fees.
Flaxmakerswim is not liable for any additional bank charges or exchange rate fees imposed by the issuing bank or third-party payment provider. These fees are the sole responsibility of the customer and will not be reimbursed by Flaxmakerswim.
Links
This website may contain links to third-party sites on the Internet. You acknowledge that flaxmakerswim.com is not responsible for the operation or content of any such external sites.
Indemnification
You agree to indemnify and hold harmless flaxmakerswim.com from any and all losses, damages, costs, liabilities, and expenses (including but not limited to legal fees and any amounts paid by flaxmakerswim.com to settle a claim or dispute, as advised by flaxmakerswim.com's legal advisors) incurred or suffered by flaxmakerswim.com as a result of any breach of these terms and conditions by you, or arising from any claim alleging your breach of these terms and conditions.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Termination
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
Notice of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. Therefore, we advise you to re-read this statement regularly.
If you run into any issues, feel free to drop us an email at help@flaxmaker.com.
Governing Law
These terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of UK.