SureFlap LLC
www.sureflap.com
Terms & Conditions for Use and Sales
Last updated August 22nd 2011
Welcome to the SureFlap website – hereafter “Website”. This Website is operated by SureFlap LLC and by using the Website and any service contained within constitutes your acceptance of these Terms & Conditions (including our Privacy Policy) and your agreement to be bound by them. Please note that if you do not agree with the Terms & Conditions, you are not authorized to use the Website.
References to SureFlap herein refer to SureFlap LLC, SureFlap Ltd or their affiliates, subsidiaries and designees.
SureFlap reserves the right to make changes or updates these Terms & Conditions at any time, effective immediately upon posting on www.sureflap.com. Your use of the Website following any such changes constitutes your agreement to follow and be bound by the updated Terms & Conditions. Therefore we encourage you to review these Terms & Conditions each time you visit the Website.
If you violate these Terms & Conditions, we may terminate your use of the Website, bar you from future use of the Website and/or take appropriate legal action against you.
SureFlap may, in its sole discretion, terminate your account or use of the Website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. SureFlap reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice.
4.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
4.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
4.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
4.4 The Website is only intended for use by adults (over 18). Adults may purchase products for children as long as the products purchased are intendedby the manufacturer for use or consumption by children.
4.5 By logging into the Website you warrant that you are customer who registered for the services and that you are using the services only for permitted purposes.
4.6 If you register for an account you may not select or utilize a user name of another person with intent to impersonate that person.
SureFlap takes your privacy seriously. For further details, please review our Privacy Policy which also governs your use of the Website.
6.1 We make every effort to ensure that the pricing displayed on our Website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
6.2 We reserve the right to alter all product pricing without notice.
6.3 SureFlap attempts to be as accurate as possible when posting information to the Website. However, SureFlap does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current or error-free. If a product provided by SureFlap is not as described, you may return it to SureFlap in unused condition for a full refund. View our Returns Policy for further information.
6.4 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
7.1 Sales taxes, other taxes, customs, import/export charges or similar governmental charges are not included in the price of products sold on the Website.
7.2 SureFlap shall automatically charge and withhold the applicable sales tax for transactions on the Website to be delivered to addresses in the state of Florida.
7.3 If you represent a commercial organization with a tax exemption certificate for the state of Florida, you are required to send a copy to retail@sureflap.com in order that we may waive sales tax on your future orders from the Website.
7.4 Each customer shall be solely responsible for all sales taxes on orders shipped to any state other than Florida.
You may pay for your orders using PayPal or major credit cards issued in the United States of America, including Visa® and Mastercard®.
Payment for your order will be debited or charged to your account at the time you place your order.
Promotional codes may only be used once per transaction and must be applied only to the product or products to which they have been assigned. Promotional codes must be used prior to their advertised expiration date.
10.1 When you place an order you will automatically receive a confirmation email from us to confirm your order (providing you have supplied a valid email address with your order). Your order constitutes an offer made to us to purchase the goods specified in the order.
10.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
10.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
10.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
10.5 If we are unable to reasonably as certain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
All orders placed on the Website are subject to SureFlap’s Shipping & Delivery Policy.
11.1 All orders received by us are shipped subject to availability.
11.2 We reserve the right to ship products at a later date (up to 28days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
11.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
11.4 In the rare event that your order does not arrive, you must notify us of the missing order within 30 days from the receipt of the shipping confirmation email.
We endeavour to respond to all customer complaints or queries within two working days.
All sales made via the Website are subject to theSureFlap Returns Policy.
Where a customer experiences a fault with a product it may also be returned to SureFlap, subject to our Returns Policy.
14.1 SureFlap grants you a license to access the content, information and services contained within the Website for personal use only.
14.2 This license allows you to download, cache (using your browser) and print individual pages from the Website. If you download, print or retain a copy of pages of the Website, you may not remove copyright and trademark notices and markings or any additional information accompanying such notices and credits.
14.3 This license does not allow you to download and modify individual pages or substantial parts of the Website nor to make the Website available via an intranet, where the Website or a substantial part of it is hosted locally on the intranet in question.
14.4 The Website’s design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
14.5 The Website cannot be placed within the frame-set of another site.
14.6 Third parties are not allowed to “deep link” to pages within the Website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of the Website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
14.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
15.1 All content including but not limited to databases, text, graphics, images, logos, video clips, audio clips, buttons, icons, layouts and look & feel is the property of SureFlap, unless expressly acknowledged as otherwise, and is protected by United States and international copyright laws.
15.2 The data mining, extraction or utilisation of product information from the Website is not permitted without our express prior written permission.
We welcome all comments, feedback, information or materials regarding the Website (“Feedback”), which you submit to us by email or through or in conjunction with the Website. Please note that Feedback shall be considered non-confidential and become the property of SureFlap. By submitting Feedback to us, you hereby assign and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights, at no charge. We shall be free to use Feedback on an unrestricted basis.
By providing, submitting, uploading any communications, reviews, comments, feedback, postings, materials, photographs, video clips orany other content (“User Content”), you represent and warrant that you or the owner of all rights to such User Content. You hereby grant us, and agree to grant us, an irrevocable, perpetual, royalty-free, full paid-up, worldwide license in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of theUser Content in our sole discretion by any method now existing or later developed, subject to our Privacy Policy.
The Website may contain content provided by other users, links to other sites operated by third parties, advertisements and/orsponsorships provided by third parties, and are collectively “Third-Party Materials”. We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant or make any representations with respect to Third-Party Materials or the applicable third parties. You use all Third Party Materials and interact with such third parties at your own risk.
The Website is provided on an “As Is” and “as available” basis. Neither SureFlap LLC nor its affiliates, subsidiaries or designees, nor each of their respective directors, offices, employees, representatives, successors, licensors and suppliers (collectively “Associates”) warrant that the use of the Website will be uninterrupted or error-free. SureFlap makes no representations or warranties, express or implied, as to the operation of the Website or the information, content materials, products or services made available to you to you through the Website, unless otherwise specified in writing. You expressly agree that your use of the Website is at your sole risk.
Under no circumstances shall SureFlap or its Associates be liable for any direct, indirect, incidental, punitive or consequential damages arising from your use of or inability to use the Website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Website.
Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
SureFlap shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by SureFlap to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with the laws of the state of Florida. Your statutory rights are unaffected.
You may contact us as follows:
Telephone: 1-855-461-4740
Email: support@sureflap.com
SureFlap LLC
3580 NW 56 St.
Suite 100
Ft Lauderdale
FL 33309