The following Terms and Conditions for the Purchase of Products (the “TCPP”) are the terms and conditions applicable to the purchase of the “FLO Home G5” Model, the “FLO Home X5” Model and the related accessories (hereinafter referred to as the “Products”) by you on our website: https://flo.ca (the “Site”). The Site serves as a transaction platform made available by Services FLO Inc. (“FLO”, “we”, “us” or “our”).
The TCPP constitute a legally binding agreement between you and FLO regarding the purchase of Products by you. The version of the TCPP posted on the Site on the date of your order applies to your purchase of Products. We invite you to read them carefully before entering into a transaction, and contact us if you have any questions. By placing an order, you acknowledge that you have read, understood and accepted without reserve, the present TCPP. The TCPP do not alter, however, in any way the terms and conditions of any other agreement you may have with FLO, unless otherwise agreed to in writing by FLO.
You are solely responsible (and FLO has no responsibility to you or to any third party) for any breach of your obligations under the TCPP and for the consequences (including any loss or damage which FLO may suffer) of any such breach.
You may not use your account for commercial purposes.
To purchase a Product on the Site, you must create an account and a password. You must keep this password strictly confidential and not disclose it or share it with anyone. You are fully responsible for the use of your account and your password and any orders placed thereunder, even by a third party. If you know or suspect that someone else knows or has used your account and/or your password, you must notify FLO immediately.
As part of the account registration process required for the purchase of the Products, you may be required to provide information about yourself (such as identification, contact details and financial information such as your credit card number). You agree that any registration information you give to FLO will always be accurate, correct, complete and up to date. Please inform FLO about changes of address or other modifications to your account by updating your personal details without delay.
By placing an order through the Site, you make an offer to purchase the Products you have selected, subject to the TCPP. Orders you place with FLO on the Site may be subject to minimum and maximum quantities, and are conditional to availability.
The order you place on the Site will not constitute a binding contract unless and until FLO shows on the Site a confirmation of the completion of the transaction. You will receive within 15 days after the completion of the transaction an email containing the invoice for the purchase of the Product, a copy of the TCPP and a copy of the Limited Product Warranty.
The data registered by FLO constitutes full proof of the order and the completed transaction. The data registered by the payment system constitutes full proof of the financial transactions.
FLO reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
Prices for the Products and shipping fees will be charged and billed at the rates indicated on the Site at the time of confirmation of the transaction. Shipping fees will be calculated according to the address of delivery. FLO reserves the right to modify the prices of its Products and shipping fees from time to time.
Payment of the purchase price for the Products, shipping fees and applicable taxes shall be made by credit card at the time of the order. No transaction shall be completed, and no Product shall be shipped, unless confirmation of such payment has been received by FLO.
Please note that the issuer of your credit card may charge you certain fees, such as transaction fee or other fees relating to the processing of your payment and credit card. Check with the issuer of your credit card for details. FLO shall not be liable for delays caused by the credit card issuer.
Shipping and Transfer of Ownership
All orders confirmed by FLO will be shipped to the delivery address you specify when you create your account and/or place your order. Products will be shipped by a carrier authorized by FLO, the details of which shall be confirmed to you by email at the time of shipping. FLO does its utmost to ship within 10 business days after receipt of an order.
Subject to the carrier’s terms and conditions of delivery, FLO assumes all risk of loss and damage during transport.
Title of ownership to the Products shall transfer to you at the time the Products are received by you.
You are solely responsible for the installation of the Products and must follow the specific requirements included in the “Installation Guide” provided with the Products at the time of delivery and available on the Site.
All Products purchased from FLO may be returned for any reason within 30 days from the date of delivery. The Product must be returned in its original packaging with all manuals and parts, and must include the UPC code and the original receipt.
All returns must be pre-authorized in writing by FLO`s Customer Service at the following address: email@example.com. A return merchandise authorization number will be issued and must be indicated on the return package. You assume the risks and expense of returns, and you may use the carrier of your choice.
The return address is the following:
Services FLO Inc.
533 de la Montagne Avenue
Shawinigan, Québec G9N 0A3
All returns will be processed by FLO within 2 business days after receipt. Upon satisfactory inspection of the returned Products, FLO will refund the purchase price, the shipping fees charged and the taxes collected. If a Product has been removed from the original packaging, FLO shall deduct from the original purchase price a repackaging fee equal to 10% of the purchase price. All refunds are made through the same credit card as used for the original purchase of the Product.
FLO will reimburse the difference between the price you paid for a specific Product, and a lower price advertised by FLO for the same Product during a period of 14 days following the date of purchase.
All reimbursement requests for this reason must be made in writing and sent to FLO Customer Service at firstname.lastname@example.org with supporting documentation. These reimbursement requests will be processed within 2 business days and if accepted, the refund will be made through the same credit card as used for the original purchase of the Product.
Limited Warranty on the Products
All Products purchased from FLO are covered by a Product warranty, the details of which may be found on the Site at https://flo.ca/at-home. A copy of this warranty will be sent to you with the email confirming the purchase of a Product.
FLO DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS.
The photographs and texts illustrating and describing the Products and other content posted on the Site are non-contractual and for information purposes alone. FLO shall not be liable in case of errors or omissions in the photographs or texts displayed on the Site.
No information or statement contained in the TCPP or the Site shall be construed as conferring, directly or by implication or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of FLO or any third party. You must not alter, delete, or conceal any copyright or other notices displayed on the Products.
Without limiting the scope of the TCPP, no claim of any kind, whether as to Products delivered or non-delivery of Products, or otherwise, shall be greater in amount than the purchase price of the Products in respect of which damages are claimed.
IN NO EVENT SHALL FLO BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY FLO), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR PURCHASE OR USE.
You agree to indemnify, defend, and hold harmless FLO and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your failure to comply with the TCPP; (b) your use of the Site; and (c) your use of the Products.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
FLO shall not be responsible for its inability to complete an order by any cause beyond its control, including but not limited to, acts of god, power failures, technical difficulties, bugs and network and servers’ failures. FLO shall promptly notify you of any such inability to complete an order. In the event of delay, FLO will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner.
If FLO does not exercise or enforce any legal right or remedy which is contained in the TCPP (or which FLO has the benefit of under any applicable law), this will not be taken to be a formal waiver of FLO’s rights and that those rights or remedies will still be available to FLO.
If any provision of the TCPP is held to be illegal, invalid or unenforceable, this will not affect any other provision of the TCPP and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Province of Québec and the federal laws of Canada applicable therein shall govern these TCPP in all respects, without giving effect to conflicts of laws principles.