Terms of Service

Overview

Welcome to Flanelia! The terms "we," "us" and "our" refer to Flanelia. Flanelia operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Flanelia is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

Section 3 – Orders

When you place an order, you are making an offer to purchase. Flanelia reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Flanelia confirms acceptance. Please review your order carefully before submitting, as Flanelia may be unable to accommodate cancellation requests after an order is accepted.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 – Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that the credit card information you provide is true, correct, and complete, and that you are duly authorized to use such credit card for the purchase.

Section 5 – Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 – Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, are owned by Flanelia, its affiliates or licensors and are protected by copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. All rights not expressly granted herein are reserved by Flanelia.

Section 7 – Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. We provide access to such tools "as is" and "as available" without any warranties of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Section 8 – Third-Party Links

The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products or services on any third-party websites.

Section 9 – Relationship with Shopify

Flanelia is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Flanelia. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Flanelia. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Flanelia.

Section 10 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside.

Section 11 – Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

Section 13 – Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to infringe upon our intellectual property rights or the rights of others, to harass or harm any person, to transmit false or misleading information, or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

In addition, you agree not to upload viruses or malicious code, reproduce or exploit any portion of the Services, collect or track the personal information of others, or interfere with the security or authorization features of the Services.

Section 14 – Agents

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.

14.2 No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with these requirements. We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.3 Agents must identify themselves in all HTTP/HTTPS requests, not conceal or obfuscate their nature, respond truthfully to any question seeking to determine if interactions are coming from a human or a computer, and not circumvent any measure intended to block, limit, modify, or control their access to the Services.

Section 15 – Termination

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will survive any termination.

Section 16 – Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. EXCEPT AS EXPRESSLY STATED BY Flanelia, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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.

Section 17 – Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Flanelia, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

Section 18 – Indemnification

You agree to indemnify, defend and hold harmless Flanelia, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

Section 19 – Severability

In the event that any provision of these Terms of Service 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 of Service.

Section 20 – Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service.

Section 21 – Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 – 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 in the jurisdiction where Flanelia is headquartered. You and Flanelia consent to venue and personal jurisdiction in such courts.

Section 23 – Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 – Changes to Terms of Service

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.