INTRODUCTION
By visiting and using theflowistbrand.com (the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
These terms and conditions apply to your use of our website and the purchase of our digital products. By accessing our website or purchasing our products, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you should not use our website or purchase our digital planners.
The term “you” refers to anyone who uses, visits and/or views the website. Please read these terms and conditions carefully before using our website or purchasing our digital products. We reserve the right to modify these terms and conditions at any time, so please check back regularly for updates. Your continued use of our website or purchase of our products after any modifications constitutes your acceptance of the modified terms and conditions.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
INTELLECTUAL PROPERTY
Ownership: You acknowledge and agree that all intellectual property rights in the digital planners and any associated content or materials, including but not limited to text, graphics, logos, images, and software, are the sole and exclusive property of The Flowist Brand (the “Owner”).
License: Subject to your compliance with these terms and conditions, the Owner grants you a limited, non-exclusive, non-transferable license to use the digital planners for personal or non-commercial purposes. You may not modify, distribute, or create derivative works based on the digital planners or any associated content or materials.
Restrictions: You may not use the digital planners or any associated content or materials in any way that violates the Owner’s intellectual property rights or any applicable laws or regulations. You may not remove or alter any trademark, copyright, or other proprietary notice that appears on or in the digital planners or any associated content or materials.
Infringement: If you become aware of any actual or suspected infringement of the Owner’s intellectual property rights in the digital planners or any associated content or materials, you must immediately notify the Owner in writing.
Termination: The license granted to you under these terms and conditions will terminate automatically if you breach any of these terms and conditions. Upon termination, you must immediately cease all use of the digital planners and any associated content or materials and delete or destroy all copies of the digital planners or any associated content or materials in your possession or control.
Disclaimer: The Owner makes no warranty or representation that the use of the digital planners or any associated content or materials will not infringe any third-party intellectual property rights. The Owner disclaims all liability for any infringement of third-party intellectual property rights arising from your use of the digital planners or any associated content or materials.
LAWFUL USE OF THE WEBSITE
You agree to use our website only for lawful purposes and in a manner consistent with these terms and conditions. You agree not to use our website:
In any way that violates any applicable federal, state, local, or international law or regulation.
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm us or users of the website or expose them to liability.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate our company, a company employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm us or users of the website or expose them to liability.
THIRD PARTY LINKS
Our website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
Third-party content or materials on our website are the property of their respective owners. You may not use, copy, reproduce, distribute, or modify any third-party content or materials without the express written consent of their respective owners.
By using our website, you agree to be bound by the terms and conditions of this Third-Party section. If you do not agree with any of these terms, you should not access or use our website.
TERMS AND TERMINATION
Terms:
These terms and conditions constitute an agreement between you and our company governing your use of our website and the purchase of our products. These terms and conditions supersede any prior or contemporaneous agreements, representations, warranties, and understandings with respect to our website and our products.
Termination:
We reserve the right to terminate or suspend your access to our website and our products at any time and for any reason without liability to you or any third party. We may also modify or discontinue our website and our products at any time without notice to you or any third party.
You may terminate your agreement with us at any time by ceasing to use our website and our products. Any provisions of these terms and conditions that by their nature should survive termination shall survive termination, including but not limited to provisions related to intellectual property, disclaimers of warranties, limitations of liability, and indemnification.
Indemnification:
You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, agents, and third-party partners from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your use of our website and our products, your breach of these terms and conditions, or your violation of any law or the rights of any third party.
Governing Law:
These terms and conditions shall be governed by and construed in accordance with the laws of [insert governing jurisdiction], without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to these terms and conditions shall be brought exclusively in the courts located in [insert governing jurisdiction], and you hereby consent to the personal jurisdiction and venue of such courts.
By using our website and purchasing our products, you agree to be bound by the terms and conditions of this Terms and Termination section. If you do not agree with any of these terms, you should not access or use our website.
NO REFUND
Digital Products:
All of our products are digital in nature and delivered instantly as digital downloads. Therefore, all sales of our products on this website are final and not eligible for refunds, returns, or exchanges.
Email Accuracy:
Please ensure that the email address used to make the purchase is accurate and can receive emails. We will not be responsible for any digital downloads that are not delivered due to incorrect email addresses.
Right of Cancellation:
Once you have downloaded a product, you will not have the right to cancel your purchase. It is your responsibility to ensure that you have read all associated details and asked any questions prior to purchase.
Reasonable Prices:
We believe in providing quality products at an affordable price, which is why we intentionally keep our prices reasonably low as compared to market value.
By using our website and purchasing our products, you agree to be bound by the terms and conditions of this No Refunds section. If you do not agree with any of these terms, you should not access or use our website.
LIMITATION OF LIABILITY
Disclaimer of Warranties:
Our website and products are provided “as is” and “as available” without any representations or warranties of any kind, express or implied. We make no representations or warranties of any kind, whether express or implied, as to the operation of our website, the information, content, materials, products, or services included on or otherwise made available to you through our website or our products, or as to the accuracy or completeness of the information or content on our website or our products. We do not warrant that our website or our products, their servers, or email sent from us are free of viruses or other harmful components. You expressly agree that your use of our website and our products is at your sole risk.
Limitation of Liability:
In no event shall our company, its affiliates, officers, directors, employees, agents, or third-party partners be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including without limitation, damages for loss of profits, loss of data, or other intangible losses, arising out of or in connection with your use of our website and our products, whether based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
In no event shall our company, its affiliates, officers, directors, employees, agents, or third-party partners be liable to you or any third party for any damages arising out of or in connection with:
(i) the use or inability to use our website or our products;
(ii) any unauthorized access to or alteration of your transmissions or data;
(iii) any other matter relating to our website or our products.
In no event shall our company, its affiliates, officers, directors, employees, agents, or third-party partners be liable to you or any third party for any direct damages, in the aggregate, exceeding the amount you paid to us for the specific product giving rise to the liability.
Acknowledgement:
You acknowledge and agree that the limitations of liability set forth in this section are fundamental elements of the agreement between you and our company, and that our website and our products would not be provided to you without such limitations.
INDEMNIFICATION
You agree to indemnify and hold the Company and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, your violation of these Terms and Conditions, your violation of any rights of another, or your violation of any applicable law.
You agree to cooperate fully in the defense of any such claim. [Your Company] reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Company
ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the Company and you in relation to your use of the website, and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms and Conditions.
You acknowledge that you have not relied on any representation, warranty, or statement made by the Company or any other person on the Company’s behalf, other than those set forth in these Terms and Conditions.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.
SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision in these Terms and Conditions.
If any provision is found to be invalid, illegal, or unenforceable, the Company and you agree to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that best represents the intent of the original provision.
CONTACT
If you need any information or help with the online offer, placing orders, delivery, using the website or returning goods, you can contact us via the e-mail
PRICES OF PRODUCTS
Product prices are stated in euros and are valid on the day of the order. All prices include VAT. We reserve the right to change prices without prior notice. When the customer confirms the order in the online store, the published prices apply to both the customer and the company.
PAYMENT
Payment for our products is due at the time of purchase. We accept payment through the payment methods listed on our website. You agree to provide accurate payment information and authorize us to charge the payment method you have provided for all purchases made on our website.