1. IN GENERAL
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites which are not operated by Flatlander Design Collective (the “Linked Sites”). Flatlander Design Collective has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2. PRIVACY POLICY
We take your privacy very seriously. We are, after all, online shoppers too. Plus, we’re not dicks.
We will never share, sell, or rent individual personal information with anyone for their promotional use without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.
We take all reasonable precautions to ensure the protection of all such personal information.
We use appropriate security measures to protect against the loss, misuse and alteration of data used by our system.
3. PROHIBITIONS
You must not misuse this Website. Without limiting the breadth of the foregoing, you will not: commit, facilitate or encourage a criminal offense; transmit or distribute a virus, Trojan horse, worm, logic bomb, or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of Kingdom & State or its partners involved in the operation and maintenance of this Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, or using any scraper, robot, spider, or other automated mechanism to access the Website or download content. We reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Service. You acknowledge and hereby consent to such monitoring. Breaching this provision may constitute a criminal offence under the Computer Misuse Act 1990 or other relevant legislation. Flatlander Design Collective will report any such breach to the relevant law enforcement authorities and may disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. TAXES
Applicable state and local taxes are added to the price of your order if required under your state tax rules for Internet commerce.
5. TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to the USA and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
In order to contract with Flatlander Design Collective you must be 18 years of age or over and possess a valid credit or debit card issued by a bank acceptable to us. Flatlander Design Collective retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Flatlander Design Collective or may in some cases be a third party. Where a contract is made with a third party Flatlander Design Collective is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
6. OUR CONTRACT
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
7. PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of Sales Tax/VAT at the rate appropriate to the country of receipt. Sales Tax is not included in our prices for customers outside of the U.S. Shipping costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
8. PAYMENT
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
9. DISCOUNT CODES
Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
10. GIFT VOUCHERS
1. Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
2. We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
3. We’ll dispatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.
4. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
5. From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
6. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
7. As you’d expect, we reserve the right to vary these terms and conditions.
The conditions of use relating to any discount code will be specified at the time of issue.
11. DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Flatlander Design Collective and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Flatlander Design Collective liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
12. LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
13. DISCLAIMER AS TO THE OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Flatlander Design Collective and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Flatlander Design Collective.
14. INDEMNITY
You agree to indemnify, defend and hold harmless Flatlander Design Collective, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
15. VARIATION
Flatlander Design Collective shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
16. INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
17. COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
18. WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
19. GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of U.S and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the U.S courts.
20. ENTIRE AGREEMENT
The above Terms of Service (including the Privacy Policy, any other Flatlander Design Collective policies linked to herein, and where relevant the Community Guidelines) constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ASOS. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Flatlander Design Collective.
21. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Flatlander Design Collective or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Flatlander Design Collective and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Flatlander Design Collective or its licensors. No license or consent is granted to you to use these Flatlander Design Collective trademarks in any way, and you agree not to use these marks or any marks which are aesthetically similar.
22. USE OF “COOKIES”
Our Site may use cookies to enhance your experience while using our Site. Cookies are pieces of information that some Web sites transfer to the computer that is browsing that Web site and are used for record-keeping purposes at many Web sites. Use of cookies makes Web-surfing easier by performing certain functions such as saving your passwords, your personal preferences regarding your use of the particular Web site and to make sure you don’t see the same ad repeatedly. Many consider the use of cookies to be an industry standard.
Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our Site will not function properly when you view them. By accepting this Privacy Policy, you specifically agree to our use of cookies.
23. FORCE MAJEURE
Events outside Flatlander Design Collective’s control, which is not reasonably foreseeable, shall be considered force majeure, meaning that Flatlander Design Collective is released from Flatlander Design Collective’s obligations to fulfill contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.
24. ETHICAL SOURCING POLICY
As a reputable and trusted business committed to offering its customers high quality products, Flatlander Design Collective recognizes its obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
1. Minimum age of employment
2. Freely chosen employment
3. Health and safety
4. Freedom of association and the right to collective bargaining
5. No discrimination
6. No harsh or inhumane treatment
7. Working hours
8. Rates of pay
9. Terms of employment
Flatlander Design Collective will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instill these principles when dealing with their own supplier base. Because of the sometimes complex nature of our suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as Flatlander Design Collective continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.
All enquiries: FlatlanderDesignCollective@gmail.com