Terms and Conditions

Terms and Conditions

These Terms and Conditions ("Terms") are entered into between LKS LLC, a Wyoming limited liability company with its registered address at 33 North Gould Street, Sheridan, WY 82801, USA, operating under the trade name Flavi™, and any person who has visited and/or made a purchase on the website us-flavi.com (hereinafter referred to as the "User").

Any purchase or visit to the website us-flavi.com (hereinafter the "Site") constitutes full and unconditional acceptance of these Terms and Conditions.

The following definitions apply throughout these Terms.

DEFINITIONS

Customer: any User of the Site who holds a customer account on the Site and/or who makes a purchase of a Product through the Site. Every Customer is a User of the Site.

Order: the process by which a Customer selects Products they wish to purchase on the Site. An Order is finalized when the Customer has selected the Products they wish to have delivered, chosen their shipping options, and completed payment for those Products.

Product: any product that can be viewed or purchased on the Site by a User.

User: any person who accesses the Site, whether or not they are a Customer.

Site: the website us-flavi.com and all related web pages.

SECTION 1 - PURPOSE AND SCOPE

  1. These Terms define the conditions under which Users may access and use the Site.

  2. The parties are bound by all terms, conditions and policies described herein, as well as any additional terms referenced in these Terms.

  3. By visiting any part of this Site and/or purchasing a Product, each User agrees, without restriction or reservation, to comply with these Terms.

  4. These Terms are provided to Users for acceptance prior to any Order placed on the Site. These Terms constitute an offer, the acceptance of which is limited to the terms, conditions and policies defined herein.

  5. All new tools, features, Products and services added to the Site after the publication date of these Terms shall also be subject to these Terms.

SECTION 2 - CURRENT VERSION OF THE TERMS

  1. The prevailing version of these Terms is the latest version available on the Site.

  2. Flavi reserves the right to update, change or replace any part of these Terms at any time and without prior notice, in order to comply with any administrative, legal or regulatory changes. Upon finalizing a new Order, the Customer accepts the Terms in effect on the date of said Order. It is the responsibility of each User to regularly review updates to these Terms at: https://us-flavi.com/pages/terms

  3. Continued access to or use of the Site after the posting of any changes to these Terms constitutes acceptance of those changes. If a User does not agree to these Terms or any subsequent modifications, they must discontinue all use of the Site.

SECTION 3 - SITE USE CONDITIONS

  1. The Site is hosted on Shopify Inc., a digital e-commerce platform provider that enables Flavi to present and sell its Products and services.

  2. By accepting these Terms, the User expressly represents that they are at least 18 years of age, or the age of majority in their state of residence, and that they have given their consent for any minor dependents to use the Site.

  3. If the User is a business entity, it must be duly authorized and represented, which it acknowledges and expressly accepts.

  4. The User agrees not to use the Products or services of this Site for any unlawful or unauthorized purpose.

  5. The User agrees not to compromise the proper functioning of the Site through the use of malware, viruses, or any other harmful computer code or process.

  6. The Site, its service, functionality, or any part or content thereof, may be interrupted at any time by Flavi without prior notice. Flavi is not liable for any suspension or interruption of the Site's service or operation.

SECTION 4 - GENERAL CONDITIONS

  1. Flavi reserves the right to refuse access to its services to any person, at any time, for any reason. Flavi also reserves the right to limit sales of Products or services in any geographic or legal jurisdiction.

  2. Flavi reserves the right to limit the quantities of any Product or service offered.

  3. The User acknowledges and accepts that all Product descriptions and prices may be modified at any time without prior notice, at the sole discretion of Flavi.

  4. Flavi reserves the right to discontinue offering any Product at any time without prior notice.

  5. Any offer for any Product or service made on this Site is void where prohibited by law.

SECTION 5 - PRICING

  1. The User acknowledges and accepts that Product prices may be modified without prior notice, including but not limited to changes resulting from variations in raw material costs, logistics expenses or any other reason.

  2. The prices applied to the Customer correspond to those displayed on the Site at the time of the Order.

  3. All prices on the Site are listed in US Dollars (USD). Prices include applicable taxes unless otherwise stated. The Customer is responsible for any applicable state or local sales tax, use tax, or other taxes or duties that may apply based on the Customer's location.

  4. Prices do not include shipping, packaging and delivery fees, which are displayed separately during checkout.

  5. For orders shipped outside the United States, customs duties, import taxes or other local fees may apply. Flavi has no control over these charges and they are the sole responsibility of the Customer.

SECTION 6 - PRODUCT PRESENTATION

  1. The User is informed that photographs of Products are displayed on the Site and are intended to provide as clear a representation as possible of the Products' appearance, including their color.

  2. The User acknowledges that Flavi cannot guarantee that Products will be exactly identical to the photographs, due to technical limitations in displaying photographs on the Site or differences between Users' electronic device screens.

  3. The User acknowledges and accepts that Flavi does not guarantee that the quality of all Products, services or information will meet the User's expectations, nor that any error in the Site's service or operation will be immediately corrected.

  4. The User acknowledges and accepts that the Site may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times and product availability. Flavi reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders at any time without prior notice, including after an Order has been placed.

  5. The User acknowledges and accepts that Flavi is not obligated to update, modify or clarify information on the Site, except as required by law.

SECTION 7 - OPTIONAL TOOLS

  1. Flavi may provide access to third-party tools over which it exercises no monitoring, control or influence, which the User acknowledges.

  2. The User acknowledges and expressly accepts that Flavi provides access to such tools "as is" and "as available," without any warranties, representations or conditions of any kind.

  3. The User acknowledges and expressly accepts that the use of optional tools on the Site is at their own risk and discretion. Flavi recommends that Users review the terms applicable to such tools as provided by the relevant third-party providers.

SECTION 8 - THIRD-PARTY LINKS

  1. The User acknowledges that certain content, Products and services available through the Site may include elements from third parties.

  2. Third-party links on this Site may redirect the User to websites that are not affiliated with Flavi. Flavi is not responsible for examining or evaluating the content or accuracy of such sites, and does not warrant or assume any liability for any third-party content, websites, products, services or other materials.

  3. The User acknowledges and expressly accepts that Flavi is not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third-party websites.

  4. Flavi advises the User to carefully read the policies and practices of third parties before engaging in any transaction.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  1. If the User submits specific content, creative ideas, suggestions, proposals, plans or other materials to Flavi, whether online, by email, by mail or by any other means of communication, Flavi reserves the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use such materials in any media.

  2. Flavi is under no obligation to (1) maintain the confidentiality of such comments, (2) pay compensation to anyone for such comments, or (3) respond to or publish such comments.

  3. Flavi has the right but not the obligation to monitor, edit or remove content that Flavi, in its sole discretion, considers unlawful, offensive, threatening, abusive, defamatory, obscene or otherwise objectionable, or that infringes any intellectual property rights or these Terms.

  4. The User agrees to write comments that are respectful, courteous and do not violate the rights of third parties, including copyrights, trademarks, privacy or other personal or proprietary rights.

  5. The User is solely responsible for all comments they post, their consequences and their accuracy. Flavi assumes no responsibility for any comments posted by Users.

SECTION 10 - PERSONAL INFORMATION

The submission of User personal information is governed by Flavi's Privacy Policy, available at: https://us-flavi.com/pages/privacy-policy

SECTION 11 - BILLING ACCURACY AND ACCOUNT INFORMATION

  1. The Customer agrees to provide current, complete and accurate purchase and account information for all Orders placed on the Site.

  2. The Customer agrees to keep all account information up to date, including email address, credit card numbers and expiration dates, for the proper processing of Orders. Flavi shall not be held liable in this regard.

  3. Flavi reserves the right to limit or prohibit Orders that, in its sole judgment, appear to originate from dealers, resellers or distributors.

SECTION 12 - PROHIBITED USES

The User agrees not to use the Site or its content for any unlawful purpose, to incite others to perform illegal acts, to infringe upon Flavi's or any third party's intellectual property rights, to submit false, misleading or defamatory information, to collect or track personal information of others, to spam, phish, engage in domain hijacking, or to compromise or circumvent the Site's security measures.

SECTION 13 - ORDERS

  1. The User may browse the Site without any obligation to purchase. To place an Order, Products must be selected and added to the Customer's cart. It is not necessary to create an account on the Site to place an Order.

  2. Once an Order is finalized, Flavi confirms receipt by sending an email to the address provided by the Customer. An Order is finalized once payment has been completed in full and received by Flavi.

  3. The Customer acknowledges and expressly accepts that a finalized Order that has been shipped cannot be canceled.

  4. When an Order is finalized, Flavi will send a tracking number to the Customer's email address. The Customer is responsible for saving this tracking number and, if not received, checking their spam or email filters. Flavi shall not be held liable for the loss or failure to retrieve the tracking number.

  5. Once an Order is finalized, Products are shipped within 1 to 3 business days. The Customer acknowledges that this timeframe may be extended due to force majeure events or other circumstances beyond Flavi's reasonable control.

  6. Flavi commits to fulfilling validated Orders subject to stock availability. Flavi reserves the right to refuse any Order in case of stock shortages or force majeure events, including but not limited to an excessive surge in order volume.

  7. Flavi reserves the right, at its sole discretion, to limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed from the same customer account, the same credit card, and/or Orders using the same billing and/or shipping address.

  8. If an Order is modified or canceled, Flavi will notify the Customer by email, phone or mail at the billing address provided.

SECTION 14 - SHIPPING, RETURNS AND REFUNDS

  1. Shipping fees are displayed to the Customer during checkout and must be accepted upon Order confirmation.

  2. Shipping fees depend on the delivery address.

  3. Flavi uses third-party shipping providers for the delivery of Products. The User acknowledges and expressly accepts that shipping and delivery times indicated on the Site may be extended due to these third-party providers, and Flavi shall not be held responsible for shipping delays or their consequences.

  4. Products are delivered within 2 to 5 business days after shipment for US domestic orders. On average, most Customers receive their Products within 3 business days after shipment.

  5. The User acknowledges and accepts that a temporary stock shortage due to high demand may delay shipment by 1 to 6 additional business days.

30-Day Money-Back Guarantee

  1. Flavi offers a 30-day money-back guarantee from the date of delivery. If you are not satisfied with your purchase, you may return the Product within 30 days for a full refund of the Product price, excluding original shipping costs.

  2. To initiate a return, the Customer must contact Flavi at info@us-flavi.com within 30 days of receiving the Product.

  3. Products must be returned in their original condition and packaging (including all accessories and tags) to qualify for a refund. Products that are damaged, soiled or incomplete will not be accepted for return.

  4. Return shipping costs are the responsibility of the Customer.

  5. Refunds will be processed within 5 to 14 business days of Flavi receiving the returned Product.

  6. If Flavi determines that the returned Product is damaged, worn or not in its original condition, no refund will be issued.

SECTION 15 - LIMITATION OF LIABILITY AND WARRANTIES

  1. The User acknowledges and expressly accepts that Flavi's liability shall not be engaged where the non-performance of its obligations is attributable to a third party, the Customer's fault, or a force majeure event or any other event beyond Flavi's reasonable control.

  2. The User acknowledges and expressly accepts that Flavi disclaims all liability for damages of any nature resulting from the use of the Site or the purchase of Products, including but not limited to damages resulting from service interruption, slowdowns, security breaches, errors on the Site, or harm to the User's reputation or image.

  3. THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLAVI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  4. IN NO EVENT SHALL FLAVI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS OR DATA, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE, EVEN IF FLAVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLAVI'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

  5. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FLAVI'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

SECTION 16 - DISPUTE RESOLUTION

  1. Informal Resolution. In the event of a dispute, the Customer shall first contact Flavi at info@us-flavi.com to attempt to resolve the matter informally.

  2. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.

  3. Arbitration. If a dispute cannot be resolved informally within 30 days, the parties agree to submit the dispute to binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Sheridan County, Wyoming. The arbitrator's decision shall be final and binding.

  4. Class Action Waiver. The Customer agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

  5. Small Claims Exception. Notwithstanding the above, either party may bring an individual action in small claims court if the claim falls within that court's jurisdiction.

SECTION 17 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions, which shall remain valid and enforceable.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated. The User may terminate these Terms at any time by notifying Flavi that they no longer wish to use Flavi's services or Site.

If, in Flavi's sole judgment, the User fails or is suspected of failing to comply with any provision of these Terms, Flavi may terminate this agreement at any time without prior notice, and the User shall remain liable for all amounts due through the date of termination, and/or may be denied access to the Site or any part thereof.

SECTION 19 - NO WAIVER

The failure of Flavi to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 - INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless Flavi, its parent company, subsidiaries, affiliates, partners, officers, agents, directors, licensors, contractors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's breach of these Terms or the documents they reference.

SECTION 21 - ENTIRE AGREEMENT

These Terms and any policies or operating rules posted on the Site constitute the entire agreement and understanding between the User and Flavi, and govern the User's use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

SECTION 22 - CONTACT INFORMATION

Users may direct questions regarding these Terms to: info@us-flavi.com

LKS LLC 33 North Gould Street Sheridan, WY 82801 United States