These conditions of purchase (the “Conditions of Purchase”) apply to any purchase of Flamingo products (the “Products”) using the www.ditesleavecdesailes.ca / www.sayitwithwings.ca Web Site (the “Web Site”) and consist of a legal agreement between you and Olymel S.E.C. conducting business under the Flamingo name (“Flamingo”).
The terms “you” and “your” refer to the purchaser of Products using the Web Site.
BY USING THE WEBSITE TO MAKE ONLINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE AGREEMENT IN YOUR PROVINCE OF RESIDENCE AND BECOME BOUND BY ITS TERMS.
PLEASE READ ALL CONDITIONS OF PURCHASE BEFORE PLACING AN ORDER FOR PRODUCTS.
1. Accessibility for the Option to Purchase
THE FLAMINGO ONLINE BOUTIQUE ACCESSIBLE VIA THE WEB SITE WILL BE OPERATIONAL AND ACCESSIBLE TO THE PUBLIC FROM JULY 3, 2018 AT 23:59 (EST) UNTIL JULY 29, 2018 AT 23:59 (EST), WHILE QUANTITIES LAST.
AFTER THIS PERIOD, IT WILL NO LONGER BE POSSIBLE TO PURCHASE PRODUCTS USING THE WEB SITE.
2. Electronic Communications
You hereby authorize the exchange of documents and information between you and Flamingo by Internet or by email and you agree that your acceptance of these Conditions of Purchase in electronic form are the equivalent of an original agreement in writing undertaken between you and Flamingo. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Other Documents, Agreements and Policies
Use of the Web Site is regulated by the distinct general Terms and Conditions of Use of the Web Site and by our Policy Concerning the Protection of Personal Information (the “Other Policies”). By accepting these Conditions of Purchase, you declare that you have read the Other Policies and agree to be bound by their terms and conditions. Notwithstanding the foregoing, the provisions of these Conditions of Purchase shall supersede and take precedence over the provisions of the Other Policies; in the event of any inconsistency between the provisions of these Conditions of Purchase and those of the Other Policies, the provisions of these Conditions of Purchase shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this Web Site.
Before submitting an order for the purchase of Products using this Web Site, you will be shown an order confirmation screen (the “Order Confirmation”) describing the product(s) to be ordered, the purchase price and any applicable charges for shipping, handling and taxes, as well as other information. You will have the opportunity to accept or refuse the order and to correct any errors.
Flamingo reserves the right, at its discretion, to limit quantities, and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your PayPal account charged (with the understanding that in this case you will be reimbursed in accordance with these conditions.
You have 24 hours to notify Flamingo in writing of the cancellation of your order as of the moment you placed an order.
All prices quoted are payable in Canadian Dollars.
Unless otherwise indicated, the price does not include shipping and handling charges and applicable federal and provincial taxes. Shipping and handling and taxes are billed separately on the Order Confirmation, as the case may be. You must pay all sales taxes, usage taxes, taxes on Products and services, harmonized sales taxes and other taxes and duties related to the order.
Taxes are calculated according to the applicable taxes at the time of purchase and as a function of the delivery address provided for your order. Sales taxes are also payable on shipping and handling charges.
Although Flamingo strives to provide accurate product and pricing information, errors may occur. Flamingo reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Flamingo cannot confirm the price of a Product until after you submit an order for the Product.
Without limiting the generality of Section 5, in the event that the price or related information for a Product (as described on the Web Site and/or the Order Confirmation) is incorrect, Flamingo may, at its sole discretion, refuse or cancel your order, whether before or after Flamingo’s acceptance thereof. If there is such an error in pricing, Flamingo will cancel your order and reverse any charges that have been applied, then contact you by email or telephone and ask you to place a new order for the Product at the correct price.
7. Accepted Methods of Payment
The sole method of payment accepted is payment via PayPal. For the terms and conditions of PayPal usage, visit www.paypal.ca.
8. Product Availability
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Flamingo may revise or cease to make available any Products at any time without prior notice. In the event that Flamingo is unable to deliver a Product ordered to you due to lack of availability, Flamingo will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable product, provided that Flamingo may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
PRODUCTS SOLD AND/OR DISTRIBUTED BY FLAMINGO ARE AVAILABLE ONLY IN CANADA.
9. Shipping and Taxes
Flamingo (or an authorized Flamingo partner) will arrange delivery by overland shipping for Products ordered to the residential or commercial address indicated in the Order Confirmation via UPS. Post office box addresses are not accepted. PRODUCTS WILL ONLY BE SHIPPED WITHIN CANADA. Shipping and handling charges will apply for each order.
Your order will be shipped within 2 to 3 working days of the date you placed it. Shipping times indicated by Flamingo are approximate. Flamingo is not responsible for damages or charges resulting from delays in delivery.
Once your order has been shipped, you will receive a shipment confirmation by email, as well as a tracking number which will enable you to follow your shipment’s progress with UPS.
10. Ownership and Risk of Loss
Products purchased from Flamingo are delivered by UPS. Flamingo is not responsible for shipping delays or errors resulting from circumstances beyond the control of Flamingo. Flamingo makes every effort to ensure problem-free delivery.
As quantities are limited, Flamingo cannot make any exchanges.
Nevertheless, you have thirty (30) days following receipt of your order to return a Product for a refund provided that the Product is in its initial state, meaning not used, new, never worn and in its original undamaged packaging with all the accessories it came with originally.
For Product returns, contact [email protected] with your order number, the email confirming your order and the reason for the return. A Flamingo customer service representative (or an authorized Flamingo partner) will contact you by email or telephone to inform you of the procedure to follow. Flamingo will provide a shipping label to cover the shipping charges.
Upon reception of returned Products and following an examination of returned Products to the satisfaction of Flamingo, you will receive a refund via the PayPal account used to make the purchase for the price of the Product as well as for the amount of any taxes you paid on the Product at the time of purchase within the next 5 to 10 working days. The initial shipping and handling charges, as well as sales taxes paid on these shipping and handling charges for the Product will not be refunded.
If upon receipt a Product in your order is missing or defective, send a photo of the defective Product to [email protected] including your order number and the email confirming the order so that a Flamingo customer service representative can reply accordingly.
12. Disclaimer of Warranties
FLAMINGO MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH LINKS, PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLAMINGO PROVIDES NO GUARANTEE WHATSOEVER INCLUDING AS IT PERTAINS TO THE ABSENCE OF ERRORS, INTERRUPTIONS TO SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, PRODUCTS, FUNCTIONALITIES OR SERVICES PROVIDED THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL FLAMINGO BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE INTERNET BACKBONE, OR THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES.
13. No Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations under these terms without the express written consent of Flamingo.
14. Successors and Assigns
Your acceptance of these Conditions of Purchase shall be binding upon your successors and assigns and shall inure to their benefit.
15. Entire Agreement
These Conditions of Purchase, together with any conditions incorporated or referred to herein constitute the entire agreement between Flamingo and its clients and customers relating to the subject matter hereof, use of the Web Site and the transactions carried out on the Web Site or via the Web Site, and supersede any prior understandings or agreements (electronic, verbal or written) regarding the subject matter, and may not be amended or modified except in writing.
16. Applicable Laws
Products sold or delivered under the terms of these Conditions of Purchase are subject to the applicable laws of the province of Quebec and the laws of Canada, without reference to principles of conflict of law. The judicial district courts of the province of Quebec shall have sole jurisdiction to hear any case relating to the interpretation or application of these Conditions of Purchase.
Updated as of July 3 2018