Terms & Conditions
Conditions of Use
Last updated: 25/05/2018
Welcome to www.pinkandflare.com. Pink & Flare and/or its affiliates ("www.pinkandflare.com ") provide website features and other products and services to you when you visit or shop at www.pinkandflare.com, use www.pinkandflare.com products or services, use www.pinkandflare.com applications for mobile, or use software provided by www.pinkandflare.com in connection with any of the foregoing (collectively, "www.pinkandflare.com service "). www.pinkandflare.com provides the www.pinkandflare.com Services subject to the following conditions.
By using www.pinkandflare.com Services, you agree to these conditions.
Please read them carefully. We offer a wide range of www.pinkandflare.com Services, and sometimes additional terms may apply. When you use an www.pinkandflare.com Service (for example, Your Profile, Gift Cards, www.pinkandflare.com Video, Your Media Library, www.pinkandflare.com devices, or www.pinkandflare.com applications) you also will be subject to the guidelines, terms and agreements applicable to that www.pinkandflare.com Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use www.pinkandflare.com Services, or send e-mails, text messages and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e- mails, texts, mobile push notices, or notices and messages on this site or through the other www.pinkandflare.com Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any www.pinkandflare.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of www.pinkandflare.com or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any www.pinkandflare.com Service is the exclusive property of www.pinkandflare.com and protected by international copyright laws.
￼Click here to see a non-exhaustive list of www.pinkandflare.com trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any www.pinkandflare.com Service are trademarks or trade dress of www.pinkandflare.com in other countries. www.pinkandflare.com trademarks and trade dress may ￼￼￼not be used in connection with any product or service that is not www.pinkandflare.com, in any ￼manner that is likely to cause confusion among customers, or in any manner that disparages or discredits www.pinkandflare.com. All other trademarks not owned by www.pinkandflare.com that ￼appear in any www.pinkandflare.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.pinkandflare.com. ￼
￼One or more patents owned by www.pinkandflare.com apply to the www.pinkandflare.com Services and to the features and services accessible via the www.pinkandflare.com Services. Portions of the www.pinkandflare.com Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable www.pinkandflare.com patents and applicable licensed ￼￼￼patents.
￼￼LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, www.pinkandflare.com or its content providers grant you a limited, non-exclusive, non-transferable, sub-licensable license to access and make personal and non-commercial use of the www.pinkandflare.com Services. This license does not ￼include any resale or commercial use of any www.pinkandflare.com Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any www.pinkandflare.com Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by www.pinkandflare.com or its licensors, ￼suppliers, publishers, rightsholders, or other content providers. www.pinkandflare.com Service, nor any part of any www.pinkandflare.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without ￼express written consent of www.pinkandflare.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.pinkandflare.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing www.pinkandflare.com name or ￼trademarks without the express written consent of www.pinkandflare.com. You may not misuse the www.pinkandflare.com Services. You may use the www.pinkandflare.com Services only as permitted by law. The licenses granted by www.pinkandflare.com terminate if you do not comply with these Conditions of Use or any Service Terms. ￼
￼You may need your own www.pinkandflare.com account to use certain www.pinkandflare.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept ￼responsibility for all activities that occur under your account or password. www.pinkandflare.com ￼does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the www.pinkandflare.com Services only with involvement of a parent or guardian. Alcohol listings on www.pinkandflare.com are intended for adults. You must be at least 21 years of age to purchase alcohol, or ￼use any site functionality related to alcohol. www.pinkandflare.com reserves the right to refuse service, terminate accounts, terminate your rights to use www.pinkandflare.com Services, remove ￼or edit content, or cancel orders in its sole discretion. ￼
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other ￼communications; and submit suggestions, ideas, comments, questions, or other information, so ￼long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other ￼content. www.pinkandflare.com reserves the right (but not the obligation) to remove or edit such ￼content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant www.pinkandflare.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, ￼distribute, and display such content throughout the world in any media. You grant www.pinkandflare.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the ￼rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify www.pinkandflare.com for all claims resulting from content you supply. www.pinkandflare.com has the right but not the obligation to monitor and edit or remove any activity or ￼content. www.pinkandflare.com takes no responsibility and assumes no liability for any content posted by you or any third party. ￼
www.pinkandflare.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement ￼RISK OF LOSS ￼All purchases of physical items from www.pinkandflare.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. ￼RETURNS, REFUNDS AND TITLE ￼www.pinkandflare.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, www.pinkandflare.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns & Refund Policy
www.pinkandflare.com attempts to be as accurate as possible. However, www.pinkandflare.com does not warrant that product descriptions or other content of any www.pinkandflare.com Service is accurate, complete, reliable, current, or error-free. If a product offered by www.pinkandflare.com itself is not as described, your sole remedy is to return it in unused condition. ￼
￼"List Price" means the suggested retail price of a product as provided by a manufacturer, ￼supplier, or seller. We regularly check List Prices against prices recently found on www.pinkandflare.com and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on www.pinkandflare.com. ￼
With respect to items sold by www.pinkandflare.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by www.pinkandflare.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel ￼your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping ￼process or, for digital products, until we make the digital product available to you. ￼
When you use apps created by www.pinkandflare.com, such as the NAME OF APP, you may grant certain permissions to us for your device. Most mobile devices provide you with ￼information about these permissions.
SANCTIONS AND EXPORT POLICY
￼You may not use any www.pinkandflare.com Service if you are the subject of sanctions of the country where you are using www.pinkandflare.com Services. You must comply with all export and re-export restrictions that may apply to goods and services. ￼
Parties other than www.pinkandflare.com operate stores, provide services or software, or sell ￼product lines through the www.pinkandflare.comServices. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or ￼individuals (including the content of their Web sites). www.pinkandflare.com does not assume any responsibility or liability for the actions, product, and content of all these and any other ￼third parties. You should carefully review their privacy statements and other conditions of use. ￼
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
www.pinkandflare.com SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, ￼PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH www.pinkandflare.com SERVICES ARE PROVIDED BY ￼www.pinkandflare.com ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. www.pinkandflare.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF www.pinkandflare.com SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH www.pinkandflare.com SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE ￼THAT YOUR USE OF www.pinkandflare.com SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, www.pinkandflare.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. www.pinkandflare.com DOES NOT WARRANT THAT THE www.pinkandflare.com SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH www.pinkandflare.com, www.pinkandflare.com ￼SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM www.pinkandflare.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, www.pinkandflare.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY www.pinkandflare.com SERVICE, OR FROM ANY INFORMATION, CONTENT, ￼MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY www.pinkandflare.com SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. ￼￼
Any dispute or claim relating in any way to your use of any www.pinkandflare.com Service, or to any products or services sold or distributed by www.pinkandflare.com or through www.pinkandflare.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Arbitration law applies to this agreement. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any www.pinkandflare.com Service, you agree that the Arbitration Act, applicable law, and the laws of the Republic of Panama, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.pinkandflare.com.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Pink & Flare
Punta Paitilla PH Regent, Panama City, Panama