Terms and Conditions of NauticalFlagDesign.com Online Shop
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITES. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS.
I. General information
II. Definitions
III. Terms of Use of the Online Shop
IV. Goods
V. Registration
VI. Account Registration
VII. Placing orders /Concluding a Sales Contract
VIII. Payments
IX. Delivery of goods
X. Complaints / Withdrawal from a Contract
XI. Final provisions
I. General information
1. The owner of “NauticalFlagDesign.com” Online Shop is Nautical Flag Design with its registered office in Burlington, Vermont.
2. The Seller provides services through the Online Shop into the territory of the continental US and its territories.
3. These Terms and Conditions define the use of the Online Shop and are available at www.NauticalFlagDesign.com/shop.
4. By using the Online Shop, the User confirms that he/she has read the Terms and Conditions and that he/she accepts them and agrees to abide by them.
5. The Owner of the Online Shop is available for contact +603.548.7181 during working days, M-F in the following hours: 8 am – 4 pm and at
NauticalFlagDesign@gmail.com.
6. In order to access the services provided, a User has to meet the following technical requirements:
o have a computer with Internet access and a web browser: Internet Explorer, Safari, Mozilla, Firefox, Google Chrome,
o have an active email account,
o enable JavaScript, iframes, and CSS styles.
7. The Owner of the Online Shop undertakes to make every effort to ensure proper and uninterrupted operation of the Shop. In the event of a malfunction or technical error caused by hardware or software problems or other causes, the Owner of the Online Shop shall make every effort to minimize all the adverse effects of any technical problems. The owner of the Online Shop is not responsible for the consequences of technical failures if they occurred due to events that, with due diligence, were not possible to predict or prevent. The Seller is not responsible for any technical disruptions, including failures in the operation of the Online Shop caused by force majeure, unauthorized operation of third parties, or incompatibility of the Online Shop with Customer’s technical infrastructure.
8. In order to develop the Online Shop and minimize the risk of any technical failures, it is necessary to have periodic technical breaks during which changes are made in the IT system. The Shop’s owner undertakes to plan technical breaks, if possible, at night hours in order to make them less inconvenient for Users.
II. Definitions
1. Terms and Conditions – these Terms and Conditions of NauticalFlagDesign.com Online Shop,
2. Seller – Nautical Flag Design with its registered office in Burlington, Vermont, USA. 3. User – a natural person aged 18 or older with full legal capacity, a legal person and an organizational unit without legal personality, but having legal capacity, only visiting the Online Shop and accepting the Terms and Conditions,
4. Customer – the User who buys the Goods at the Online Shop,
5. Online Shop – NauticalFlagDesign.com Online Shop at
www.NauticalFlagDesign.com/shop,
6. Order – an offer to conclude a Sales Contract submitted by a Customer via the Online Shop,
7. Sales Contract – a contract of sales of goods concluded between the Seller and the Customer via the Online Shop,
8. Goods – Handmade gifts, cards, printed T-shirts, wood and canvas signs
9. Registration – the process of completing a User’s form, located on the website of the Online Shop in order to conclude and execute the Sales Contract, without User Account Registration,
10. Consumer – a natural person who undertakes with an entrepreneur a legal activity not directly related to his/her business or profession,
11. Trade Information – a description of the Goods, their pictures with information on their prices, their availability, edited and entered by the Shop’s Owner.
III. Terms of Use of the Online Shop
1. Placing orders without a User Account Registration.
Users can place orders in the Online Shop without having to set up an account.
IV. Goods
1. Detailed information on the Goods, including prices, can be found at the Online Shops’ website www.NauticalFlagDesign.com/shop.
2. Their prices are in USD (excluding Sales Tax) and they do not include shipping costs.
3. The Seller reserves the right to change the prices of the Goods, however, this will not affect the Orders placed before the price changes.
4. Information on the Goods posted on the Online Shop does not constitute an offer but is an invitation to enter into an agreement.
V. Registration – placing orders as a “guest”.
It is possible to place orders without prior Account Registration – placing orders as a “guest”. For this purpose, the User each time placing an order registers data and accepts the Regulations.
1. The User makes a Registration by entering his or her real data into the blank spaces of the form, indicating whether the Order is placed by a “natural person” or a “company”. Before registering, it is necessary to confirm that the User has read the Privacy Policy and Information on the processing of personal data.
2. If the User submits the Order as a “natural person”, the following information is required:
o First Name,
o Last Name,
o e-mail address,
o phone number,
o address,
o shipping address of the Goods within the USA, if it differs from the address of residence.
3. If the User submits the Order as “company”, the following information is required:
o company name,
o EIN (Tax Id. No.),
o First Name,
o Last Name,
o e-mail address,
o phone number,
o company address
o delivery address of the Goods within the USA, if it differs from the registered office of the company
VI. Placing An Order
1. By using these Sites, you agree not to impersonate any person or entity, otherwise, misrepresent your affiliation with a person or entity, misrepresent your address or country of residence, or interfere with other users of these Sites. You are solely liable for the content of any message, data, information, text, or other material you submit or transmit to these Sites. Consistent with the Indemnity section below, you agree to indemnify and hold harmless Nautical Flag Design from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third party.
2. If the User submits the Order as “natural person”, the following information in the “Billing Address” section is required:
o First Name,
o Last Name,
o e-mail address,
o phone number,
o address,
o delivery address of the Goods within the USA, if it differs from the address of residence.
3. If the User submits the Order as “company”, the following information in the “Billing Address” section is required:
o company name,
o First Name,
o Last Name,
o e-mail address,
o phone number,
o company address,
o delivery address of the Goods within the USA, if it differs from the registered office of the company.
4. If the Shipping Address is different from the Billing Address, it is required to complete the appropriate fields in the “Shipping Address” section.
5. “Billing address” and “Shipping address” can be edited.
6. The User adds the selected Goods to the cart and confirms the contact details. Before placing an Order, it is mandatory to accept the Terms and Conditions.
VII. Placing orders /Concluding a Sales Contract
1. Placing an Order is an offer submitted by the Customer.
2. Orders may be submitted 7 days of the week, 24 hours a day.
3. The submission of the Order consists in selecting the Goods and their quantity. The Customer makes this decision by clicking the “Add to cart” button or its equivalent. The “Cart” allows the Customer to manage the selected Goods and calculate the current value of the Order, taking into account the shipping costs of the Goods. Shipping costs and Sales Tax are indicated separately from the purchase price.
4. The Order is placed when the Customer clicks the “Order and Pay” button.
5. Immediately after the Order has been placed, the Seller will send a message confirming the receipt of the Order to the e-mail address specified by the Customer in the Registration form. The Sales Contract is concluded the moment the Seller sends the Customer a message confirming receiving the Order.
6. The Seller shall take the utmost care when updating the inventory of the Goods on the website. However, if the Goods indicated in the Order are physically unavailable, the Seller will contact the Customer by phone or email, according to the data provided in the Registration form. The Customer will be able to change the Order, taking into account the actual availability of the Goods or cancel the Order.
7. The confirmation of receiving the Order referred to in sec. 6 above will define the parties to the Sales Contract, the nature and quantity of the Goods covered by the Order, and the value of the Order with separately given delivery costs of the Goods as well as the shipping time. To the confirmation referred to in the preceding sentence, the Seller attaches information for the Consumer confirming the conclusion of the contract.
VIII. Payments
1. The Customer is able to pay the purchase price of the Goods increased by the cost of Sales Tax and shipping via Visa, Mastercard, American Express, Discover, or Paypal, Venmo.
2. When ordering, the Customer can choose one of the following payment methods: Credit Card, Debit Card or other electronic payment methods. BY PROVIDING PAYMENT METHOD INFORMATION, YOU EXPRESSLY AUTHORIZE Nautical Flag Design, ITS AGENTS, SERVICE PROVIDERS AND PROCESSORS TO CHARGE THE PAYMENT METHOD FOR THE ORDERS.
3. The seller documents the sale by e-mail to the Customer.
IX. Delivery of goods
1. The Seller delivers the Goods within the USA via a courier company.
2. The Goods are shipped within 3 business days unless otherwise specified in the order. (Please note the announcement bar at the top of each page on the WEBSITE.)
3. After having sent the Goods, the Seller sends the Customer an e-mail confirmation at the e-mail address provided.
4. The Goods are delivered to the address indicated by the Customer or in the “ADDRESSES” tab.
5. SHIPPING CHARGES ARE NONREFUNDABLE.
X. Complaints / Withdrawal from a Contract
1. The customer may check the sealing of the packaging in which the Goods are delivered to him/her.
2. The Customer should submit a complaint to the email address
NauticalFlagDesign@gmail.com precisely indicates in what way the goods are noncompliant with the contract.
3. The Seller will process the complaint within 14 days. During this time the Customer shall be informed about further actions.
XI. Disclaimers
1. "As Is" and "As Available" Basis: These Sites and the Materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, as to the operation of these Sites or the information, content, materials, products or services included on these Sites. You expressly agree that the use of these Sites, including all content, data, or software distributed by, downloaded, or accessed from or through these Sites, is at your sole risk and responsibility.
2. Warranty Disclaimer: EXCEPT FOR SUCH EXPRESS WRITTEN AND PRODUCT SPECIFIC WARRANTIES AS MAY BE MADE TO A PURCHASER, Nautical Flag Design DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES, AND PRODUCTS ON THESE SITES. Nautical Flag Design DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THESE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THESE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Nautical Flag Design IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE Nautical Flag Design ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THESE SITES IS SAFE, Nautical Flag Design CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THESE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.
3. Nautical FlagDesign reserves the right to change any and all content contained on these Sites at any time without notice. Reference to any non-Nautical Flag Design products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is for information purposes only and does not constitute or imply endorsement, sponsorship, or recommendation thereof by Nautical Flag Design.
4. Your Responsibility and Risk: It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through these Sites or on the Internet generally.
XII. Limitation of Liability
1. IN NO EVENT SHALL Nautical Flag Design BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THESE SITES OR THE CONTENT, MATERIALS, INFORMATION, TRANSACTIONS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THESE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THESE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THESE SITES, EVEN IF D’ARTAGNAN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, Nautical Flag Design’s liability is limited to the greatest extent permitted by law.
3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Nautical Flag Design’s TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID Nautical Flag Design IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY Nautical Flag Design OR A MANUFACTURER OF A PHYSICAL PRODUCT.
4. Each product is handmade and, therefore, is one-of-a-kind. There may be inconsistencies in color, sizes, texture, fit and finish.
XIII. Indemnity
1. You shall indemnify, defend and hold harmless Nautical Flag Design and its affiliates and their respective shareholders, directors, members, managers, officers, employees, and agents from and against any and all liability, claims, costs, and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of these Sites and/or any third party sites and/or your use of the products obtained from Nautical Flag Design.
XV. Severability
1. If any provision or portion thereof set forth in these terms, provisions, and conditions is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.
XVI. Termination
1. Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use these Sites after this Agreement has been terminated. The sections of this Agreement entitled Copyright; Trademarks and Service Marks; Submissions; Disclaimers; Limitation of Liability; Indemnity; Third-Party Rights; Dispute Resolution by Binding Arbitration; Severability, Termination; Enforceability and Admissibility; and Waiver, Modification, and Assignment shall survive any termination of this Agreement. Upon suspension or termination of your access to the Sites, or upon notice from Nautical Flag Design, all rights granted to you under these terms or Agreement will cease immediately, and you agree that you will immediately discontinue use of the Sites.
XVII. Waiver of Injunctive or other Equitable Relief
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITES, THEN THE LOSSES,
DAMAGES AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND YOU WILL NOT BE PERMITTED TO OBTAIN, ANY RELIEF IN ANY FORUM THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY Sani Trading, LLC OR A LICENSOR OF Sani Trading, LLC.
XIII. Enforceability and Admissibility
1. This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
XIX. Waiver, Modification, and Assignment
1. Nautical Flag Design’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between Nautical Flag Design and a user of these Sites nor trade practice shall act to modify any provision of this Agreement. Nautical Flag Design may assign its rights and duties under this Agreement to any party at any time without notice to you.
XX. Final provisions
1. The owner of the Online Shop has the right to change the Terms and Conditions. The owner is obliged to inform the Users at www.NauticalFlagDesign.com. Changes to the Terms and Conditions come into force 14 days after they have been published at www.NauticalFlagDesign.com and through this time they shall be clearly highlighted so that users can see them without any thorough analysis of the Terms and Conditions. The information about those changes will be visible during the time specified in the preceding sentence at every visit to www.NauticalFlagDesign.com/shop.
2. The information on these Sites may contain typographical errors or inaccuracies and may not be complete or current. Nautical Flag Design reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. In the event that a product is listed by Nautical Flag Design at an inaccurate price due to typographical error or error in pricing information or for any other reason, Nautical Flag Design shall have the right to (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, Nautical Flag Design shall offer a refund to you of previous amounts paid in respect of your purchase. The display of products on these Sites shall not constitute an offer to sell. 3. Pictures are provided for illustration purposes only. Please note that errors, inaccuracies, or omissions may relate to descriptions, pictures, pricing, and availability.
3. We have used our reasonable efforts to display as accurately as possible the makeup, texture, and color of the materials shown on these Sites. However, because the makeup, texture, and color you see will depend on your monitor, we cannot guarantee that your monitor's display of any of these elements will be accurate. We apologize for any inconvenience this may cause you.
4. Copyright: Nautical Flag Design either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software, and other content (collectively, the "Content") that is made available to you on this website or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this website. Except as provided in these Terms, Nautical Flag Design prohibits the redistribution or copying of any Content on this website without its express written permission. Nautical Flag Design hereby authorizes you to display on your computer, download and print pages of this website, subject to the following provisions:
(1) the copyright notice appears on all such printouts;
(2) the information will not be altered in any manner; and
(3) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast, or copied to any other media.
5. Trademark: The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this website, including, but not limited to Nautical Flag Design are registered and unregistered trademarks of Nautical Flag Design and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the express written permission of Nautical Flag Design or such third party that may own the trademarks displayed on this website. Your misuse of the trademarks displayed on this website or any other Content on this website is strictly prohibited.