Terms & Conditions
Trust is the foundation of a great brand and respecting the privacy rights of our customers is an integral part of building that trust. This website is operated by Flamingo SL. Throughout the site, the terms “we”, “us” and “our” refer to Flamingo SL. Flamingo SL offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing or using this Website or using any part of the site, you agree to this privacy policy & you agree to be bound by these Terms of Service. If you do not agree to this privacy policy, please discontinue your use of this website (“Website”). By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users off 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 our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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 store is hosted on Woocommerce which provides us with an online e-commerce platform that allows us to sell our products and services to you.
Terms and Conditions of Online Store
You warrant 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 granted us permission to let any of your minor dependents to use this site, by agreeing to these Terms of Service. You are not permitted to use our products for any unlawful or unauthorised purposes, and you are not permitted to break local laws when using the Service (including but not limited to copyright laws).You must not distribute any worms, viruses, or other disruptive code. Your Services will be immediately terminated if any of the Terms are broken or violated.
General Conditions
We reserve the right to refuse service to anyone at any time for any reason. You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may 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 network transfer. Without our express written permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided. The headings in this agreement are included for convenience only and have no bearing on the Terms.
Accuracy, Completeness and Timeliness of Information
We are not liable if the information on this site is not accurate, complete, or up to date. The information on this website is for general information purposes only and should not be relied on 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 information on this website is entirely at your own risk. Any reliance on the information on this website is entirely at your own risk. This website may contain historical information. Historical information, necessarily, is not current and is provided solely for your convenience. We reserve the right to change the contents of this site at any time, but we are under no obligation to keep any information on our site up to date. You acknowledge that it is your responsibility to keep track of changes.
Modifications to the Service and Prices
Our product prices are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time and without notice. We will not be liable to you or any third party if the Service is modified, priced, suspended, or discontinued.
Products/Services (If Applicable)
Certain products or services may only be available through the website. These products or
services may be in limited supply and are only returnable or exchangeable in accordance with
our Return Policy.
We have made every effort to display the colours and images of
our products that appear in the store as accurately as possible. We cannot guarantee that
the colours displayed on your computer monitor will be accurate. We reserve the right, but
are under no obligation, to limit the sale of our products or Services to any individual,
geographic region, or jurisdiction. We may exercise this right on an individual basis. We
reserve the right to limit the quantity of any of our products or services. All product
descriptions and pricing are subject to change at any time without notice, at our sole
discretion. At any time, we reserve the right to discontinue any product. Any offer made on
this site for any product or service is void where prohibited. We make no guarantee that the
quality of any products, services, information, or other material purchased or obtained by
you will meet your expectations, nor do we guarantee that any errors in the Service will be
corrected.
Purchases/Payments
By placing an order for any goods on the Website the Customer is offering to make the
purchase on and subject to these Terms. Each order the Customer places will be a separate
and binding agreement between you and Flamingo SL with respect to the supply of the goods in
accordance with these Terms. You must provide Flamingo SL with complete and accurate details
when making a purchase. Flamingo SL is not liable if we are given an incorrect delivery
address at the time of purchase. Any additional expenses in correcting the order are the
responsibility of the Customer. Once the parcel leaves the warehouse, Flamingo SL is not
liable for any errors made by a third-party carrier company.
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 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. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. 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 more detail, please review our Returns Policy.
Third-Party Use of Cookies, Third Party Links and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by
third-parties, including advertisers, ad networks and servers, content providers, and
application providers. These third parties may use cookies alone or in conjunction with web
beacons or other tracking technologies to collect information about you when you use our
website. The information they collect may be associated with your personal information or
they may collect information, including personal information, about your online activities
over time and across different websites and other online services. They may use this
information to provide you with interest-based (behavioral) advertising or other targeted
content. We may provide you with access to third-party tools over which we neither monitor
nor have any 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).
We may also, in the future, offer new
services and/or features through the website (including, the release of new tools and
resources). Such new features and/or services shall also be subject to these Terms of
Service. We do not control these third parties’ tracking technologies or how they may be
used. If you have any questions about an advertisement or other targeted content, you should
contact the responsible provider directly.
Third-party materials may be included in
certain content, products, and services available through our Service.
Third-party
links on this site may take you to websites that are not associated with us. We are not
responsible for examining or evaluating the content or accuracy of third-party materials or
websites, nor do we warrant or accept liability or responsibility for any third-party
materials, products, or services.
We are not liable for any harm or damages
resulting from the purchase or use of goods, services, resources, content, or any other
transactions made through any third-party websites. Please carefully review and understand
the third-policies party’s and practices before engaging in any transaction. Third-party
product complaints, claims, concerns, or questions should be directed to the third-party.
Comments, Feedback, and Other Submissions From Users
If you send us creative ideas, suggestions, proposals, plans, or other materials
(collectively, “comments”), whether online, by email, by postal mail, or otherwise
(collectively, “comments”), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate, and otherwise use any comments that you forward to us
in any medium. We are and shall be under no obligation to (1) keep any comments
confidential, (2) compensate for any comments, or (3) respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.
We may, but are under no obligation to, monitor, edit, or remove
content that we deem to be unlawful, offensive, threatening, libellous, defamatory,
pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual
property or these Terms of Service.
You agree that your comments will not infringe
on any third-rights, party including copyright, trademark, privacy, personality, or any
other personal or proprietary right. You also agree that your comments will not contain
libellous or otherwise unlawful material, nor will they be abusive or obscene, nor will they
contain any computer virus or other malware that could interfere with the operation of the
Service or any related website. You may not use a false email address, pose as someone other
than yourself, or otherwise mislead us or third parties about the origin of any comments.
You are solely responsible for the accuracy of any comments you make. We accept no
responsibility or liability for any comments made by you or any third party.
Personal Information
Our Privacy Policy governs your submission of personal information through the store. We collect information about you such as your contact information, payment information, demographic information, shopping preferences, and device information. Without parental consent, we do not knowingly collect personal information directly from children under the age of 18. Our websites are intended for a broad audience and are not specifically targeted to or designed for use by children. In order to provide the products and services you have requested, we must collect personal information. We may be unable to provide you with these products and services if you do not provide the requested information.
Omissions, Inaccuracies and Errors
On occasion, information on our website or in the Service may contain typographical errors,
inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers,
product shipping charges, transit times, and availability. We reserve the right, at any time
and without prior notice, to correct any errors, inaccuracies, or omissions, and to change
or update information or cancel orders if any information in the Service or on any related
website is inaccurate (including after you have submitted your order).
Except as
required by law, we make no commitment to update, amend, or clarify information in the
Service or on any related website, including pricing information. There is no specific
update or refresh date applied in the Service or on any related website that should be
interpreted as indicating that all information in the Service or on any related website has
been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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; (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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Warranty Exclusion; Limitation of Liability
We make no guarantees, representations, or warranties that your use of our service will be
continuous, timely, secure, or error-free.
We do not guarantee that the results
obtained from using the service will be accurate or reliable.
You agree that we may
discontinue the service for indefinite periods of time or cancel it at any time without
prior notice to you.
You expressly agree that your use of the service, or inability
to use it, is entirely at your own risk. The service and all products and services delivered
to you via the service are provided ‘as is’ and ‘as available’ for your use, without any
express or implied representation, warranties, or conditions of any kind, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement. In no case shall Flamingo SL,
our 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 any of the service or any products
procured using the service, or for any other claim related in any way to your use of the
service 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 service or
any content (or product) posted, transmitted, or otherwise made available via the service,
even if advised of their possibility. 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.
Indemnification
You agree to indemnify, defend, and hold harmless Flamingo SL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or regulation.
Severability
If any provision of these Terms of Service is discovered to be unlawful, void, or unenforceable, such provision shall 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 any other remaining provisions.
Termination
For all purposes, the parties’ obligations and liabilities incurred prior to the termination
date will survive the termination of this agreement.
These Terms of Service are in
effect until either you or we terminate them. You may terminate these Terms of Service at
any time by notifying us that you no longer wish to use our Services or by discontinuing use
of our website.
If, in our sole discretion, you fail to comply with any term or
provision of these Terms of Service, or we suspect that you have failed to comply, we 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 Services (or any part thereof).
Entire Agreement
We shall not be deemed to have waived any right or provision of these Terms of Service if we
fail to exercise or enforce such right or provision.
These Terms of Service, as
well as any policies or operating rules posted by us on this site or in relation to The
Service, represent the entire agreement and understanding between you and us and govern your
use of the Service, 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 of Service).
Any ambiguities in the interpretation of
these Terms of Service shall not be held against the party who drafted them.
Governing Law
These Terms of Service, as well as any separate agreements under which we provide you Services, are governed and construed in accordance with the laws of Flamingo SL, No. 85, Siyambalawewa, Hiriyala, Ambagaswewa, Kurunegala, Sri Lanka.
Changes to Terms of Service
The most recent version of the Terms of Service can be found on this page at any time.
We reserve the right to update, change, or replace any part of these Terms of
Service at our sole discretion by posting updates and changes to our website. It is your
responsibility to check our website for changes on a regular basis. Your continued use of or
access to our website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
Contact Information
Questions about the Terms of Service should be sent to us at [email protected].