Terms of service
Terms of Service
OVERVIEW Welcome to FireFlush! The terms "we", "us" and "our" refer to FireFlush. FireFlush 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"). FireFlush 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, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK] and Refund Policy [LINK]. If you do not agree to these Terms of Service or our policies, 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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, 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 in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. 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 in our online store. However, colors and product appearance may differ from how they appear on your device due to screen type, calibration, brightness settings and other technical factors.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to the images or previews shown on the Services.
All descriptions of products, including pricing, availability and features, are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, household, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase under these Terms. FireFlush reserves the right to accept or decline your order for any reason at its discretion, including suspected fraud, incorrect pricing, stock issues or violations of these Terms.
Your order is not accepted until FireFlush confirms acceptance. We must receive and successfully process your payment before your order is accepted. Please review your order carefully before submitting, as FireFlush may be unable to accommodate cancellation or change requests after an order is accepted and sent for processing.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. We may cancel orders that we reasonably believe are intended for resale.
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 and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. These will be calculated and displayed at checkout where applicable.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing. Such promotions are governed by separate terms and conditions. If there is any conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment 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 payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
- the payment information you provide is true, correct and complete;
- you are duly authorized to use such payment method;
- charges incurred by you will be honored by your payment provider; and
- you will pay charges incurred by you at the posted prices, including shipping and handling and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We ship to the countries listed at checkout. Shipping methods, carriers and estimated delivery times are displayed during the checkout process. All delivery times are estimates only and are not guaranteed.
Once your order is processed and handed over to the carrier, title and risk of loss pass to you. We are not liable for shipping and delivery delays caused by:
- carriers, postal services or local delivery partners;
- incorrect or incomplete shipping addresses provided by you;
- customs inspections or import procedures;
- force majeure events, including but not limited to weather conditions, strikes, natural disasters or other events outside our reasonable control.
If a package is marked as delivered by the carrier but you have not received it, you must contact the carrier first and then reach out to us so we can support you in investigating the issue.
If your order is significantly delayed or lost in transit, please contact us at fireflushstore@outlook.com. We will review each case individually and may, at our discretion, offer a replacement or refund in accordance with our Refund Policy.
Shipping fees are generally non-refundable, except where required by law or where a shipping error is clearly attributable to us.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by FireFlush, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent.
FireFlush's names, logos, product and service names, designs and slogans are trademarks of FireFlush or its affiliates or licensors. You must not use such trademarks without the prior written permission of FireFlush. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control.
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 the optional tools offered through the Services 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).
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and 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 you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
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, services, resources, or content on any third-party websites.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
FireFlush 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 FireFlush. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and FireFlush, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with FireFlush.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, 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, including for commercial use.
You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
- for any unlawful or malicious purpose;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
- to transmit false or misleading information;
- to transmit any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
- to impersonate or attempt to impersonate any other person or entity.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY FIREFLUSH, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL FIREFLUSH, 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.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FireFlush, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any losses, damages, liabilities, claims or expenses arising out of your breach of these Terms, your violation of any law or third-party rights, or your access to or use of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is determined unlawful, void, or unenforceable, the unenforceable portion shall be deemed severed, and the remaining provisions shall continue in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms, together with all policies posted on the website (including the Privacy Policy, Refund Policy, and Shipping Policy) constitute the entire agreement between you and FireFlush.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate any rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws and courts of the jurisdiction in which FireFlush is headquartered.
SECTION 22 – CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services constitutes acceptance of any updated Terms.
SECTION 23 – CONTACT INFORMATION Questions about the Terms of Service should be sent to: 📩 fireflushstore@outlook.com