Terms of Service

Terms and Conditions

General terms and conditions. This website is operated by Flaxvale. Throughout the site, the terms "we", "us", "our" and "operator" refer to Flaxvale. Flaxvale offers this website, including all information, tools and services available here, to you as a user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

SELLER IDENTITY

Contracting party: KH & MV Commerce LLC
Business address: 30 N Gould St Ste R, Sheridan, WY 82801, USA
Email: supportflaxvale@gmail.com

By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including the additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation visitors, vendors, customers, merchants and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, you may not use the website or the services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the store are also subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms, you confirm that you are of legal age in the country or region where you reside, and that you have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 – DEFINITIONS

In these Terms, the following definitions apply:

Withdrawal period: the period during which the consumer can make use of their right of withdrawal.
Consumer: the natural person who is not acting in the course of a trade, business or profession and who enters into a distance contract with the trader.
Day: calendar day.
Continuing transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable medium: any means that enables the consumer or the trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance; in this case Flaxvale.
Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: means that can be used to conclude a contract without the consumer and the trader being physically present in the same room at the same time.
General terms and conditions: the present general terms and conditions of the trader.

ARTICLE 2 – IDENTITY OF THE TRADER

Store: Flaxvale
Email: supportflaxvale@gmail.com

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer. Before the distance contract is concluded, the text of these terms is made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms can be viewed at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the contract is concluded, the text of these terms may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the terms can be read electronically and that they will be sent electronically or otherwise free of charge upon request. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer can always rely on the provision that is most favourable to them. If one or more provisions of these terms are at any time wholly or partially invalid or declared invalid, the contract and the terms otherwise remain in force, and the provision in question will be replaced without delay, by mutual agreement, with a provision that comes as close as possible to the original. Situations not regulated in these terms shall be assessed in accordance with the intention behind the terms. Ambiguities regarding the interpretation or content of one or more provisions of our terms shall be interpreted in the same way.

ARTICLE 4 – PRICES, TAXES AND IMPORT

All prices in the store are shown in New Zealand dollars (NZD). If a shipment is subject to import into New Zealand, any GST, customs duty or clearance fees follow New Zealand rules (see customs.govt.nz for up-to-date information). If you have questions about taxes or charges relating to your order, please contact us at supportflaxvale@gmail.com before ordering.

ARTICLE 5 – THE OFFER

If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer. The offer is without obligation. The trader is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a realistic representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the contract. Images accompanying the products are a true representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the real colours of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes, as displayed at checkout;
any shipping costs (Flaxvale offers free shipping where this is stated);
the manner in which the contract is concluded, and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period during which the trader guarantees the price;
the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the ordinary basic rate for the means of communication used;
whether the contract is archived after it is concluded, and if so, how the consumer can access it;
the manner in which the consumer, before concluding the contract, can check the information they have provided in connection with the contract and correct it if necessary;
any languages other than English in which the contract can be concluded;
the codes of conduct to which the trader is subject and the manner in which the consumer can consult these electronically; and
the minimum duration of the distance contract in the case of continuing transactions.

Optional: available sizes, colours and material types.

ARTICLE 6 – THE CONTRACT

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance electronically. As long as receipt of the acceptance has not been confirmed by the trader, the consumer may terminate the contract. If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the trader takes appropriate security measures. The trader may – within the limits of the law – investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, they are entitled to refuse an order or application, or to attach special conditions to its performance, stating reasons. Together with the product or service, the trader sends the following information to the consumer, in writing or in such a way that the consumer can store it on an accessible durable medium:

the trader's contact details to which the consumer can address complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about guarantees and existing after-sales service;
the information referred to in Articles 4 and 5 of these terms, unless the trader has already provided the consumer with this information before the performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of continuing transactions, the provision in the previous paragraph applies only to the first delivery. Every contract is entered into subject to sufficient availability of the products concerned.

ARTICLE 7 – RIGHT OF WITHDRAWAL AND CANCELLATION

Cancelling an order: Please note that once an order has been confirmed, it can no longer be cancelled or changed, as it is immediately forwarded to our logistics centre for processing to ensure the fastest possible delivery. If you no longer wish to keep the item, you must wait until the parcel has been received and follow our normal return procedure. The consumer's right of withdrawal can only be exercised after physical receipt of the product.

Right of withdrawal: When purchasing products, the consumer has the option to withdraw from the contract without giving reasons for a period of 14 days. This withdrawal period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.

Care during the withdrawal period: During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the right of withdrawal is exercised, the product shall be returned to the trader with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

Notice and return: If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receiving the product, by written notice to supportflaxvale@gmail.com. After the consumer has given notice that they wish to exercise the right of withdrawal, the product must be returned within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of posting. The return costs to our central warehouse, as well as any customs or import charges, are covered by the customer.

Final purchase: If, after the expiry of the periods mentioned above, the customer has not given notice that they wish to exercise the right of withdrawal, or has not returned the product to the trader, the purchase is final.

ARTICLE 8 – COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the trader will refund this amount as soon as possible, and no later than 14 days after the notice of withdrawal. This is subject to the product already having been received back by the trader, or conclusive proof of complete return being provided.

ARTICLE 9 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader may exclude the consumer's right of withdrawal for products as described below. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:

that have been made by the trader in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygiene products where the consumer has broken the seal (for safety and health reasons).

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the withdrawal period has expired;
concerning betting and lotteries.

ARTICLE 10 – THE PRICE

We reserve the right to change the prices of the products and/or services offered during the period of validity stated in the offer, among other things as a result of changes in GST rates. Contrary to the previous paragraph, the trader may offer products or services with variable prices where the prices are linked to fluctuations in the financial market over which the trader has no influence. This link to fluctuations, and the fact that the prices stated are indicative, is stated in the offer. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this, and:

they are the result of statutory regulations; or
the consumer has the right to terminate the contract from the day on which the price increase takes effect.

All prices are subject to printing and typing errors. We accept no liability for the consequences of printing and typing errors. In the event of printing and typing errors, the trader is not obliged to deliver the product at the incorrect price.

ARTICLE 11 – COMPLAINTS AND WARRANTY

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract. Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. This does not limit the consumer's statutory rights under the Consumer Guarantees Act 1993. Products must be returned in their original packaging and in new condition. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the trader's instructions and/or the instructions on the packaging;
the defect is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used.

ARTICLE 12 – DELIVERY AND PERFORMANCE

The trader will take the greatest possible care when receiving and performing product orders. The place of delivery is the address that the consumer has provided to the company. Subject to what is stated in Article 4 of these terms, the company will execute accepted orders promptly, and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this within 30 days of placing the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, and no later than within 14 days of termination. If delivery of an ordered product proves impossible, the trader will endeavour to offer a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

ARTICLE 13 – CONTINUING TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

Termination: The consumer may at any time terminate a contract of indefinite duration for the regular delivery of products or services, in accordance with the agreed termination rules and with a notice period of no more than one month. The consumer may terminate a fixed-term contract for the regular delivery of products or services at the end of the agreed period, in accordance with the applicable termination rules and with a notice period of no more than one month. The consumer may terminate the contracts referred to in the previous paragraphs:

at any time, without being limited to termination at a specific time or during a specific period;
at least in the same way as the contract was concluded;
always with the same notice period as the trader has stipulated for themselves.

Renewal: A fixed-term contract for the regular delivery of products or services may not be tacitly extended or renewed for a further fixed term. A fixed-term contract may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.

Duration: If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 14 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the withdrawal period as referred to in Article 7. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract. The consumer is obliged to report inaccuracies in the payment details provided to the trader immediately. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 15 – COMPLAINTS PROCEDURE

Complaints about the performance of the contract must be submitted to the trader via supportflaxvale@gmail.com, fully and clearly described, within 7 days after the consumer has discovered the defects. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved amicably, the consumer may refer the matter to Consumer Protection (consumerprotection.govt.nz) or the Disputes Tribunal. A complaint does not suspend the trader's obligations unless the trader indicates otherwise in writing. If a complaint is found to be justified by the trader, the trader will, at their discretion, either replace or repair the delivered products free of charge.

ARTICLE 16 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy for more information.

ARTICLE 17 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery 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 in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law.

ARTICLE 18 – CHANGES TO THE TERMS

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 19 – GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the consumer protection legislation that benefits New Zealand consumers, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. As a New Zealand consumer, in the event of a dispute you can also contact Consumer Protection (consumerprotection.govt.nz) or the Disputes Tribunal.