OVERVIEW
This website is operated by Fleur De Flavor. Throughout the site, the terms “we”, “us” and “our” refer to Fleur De Flavor. Fleur De Flavor offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
Product Use & Restrictions:
All purchases of Fleur De Flavor products are intended for personal or authorized business use only. Resale, redistribution, modification, or private labeling of Fleur De Flavor products without prior written consent is strictly prohibited.
Unauthorized resale, bulk distribution, or third-party shipments are grounds for order cancellation and legal action.
Customers may not modify, repackage, or incorporate Fleur De Flavor products into another product without explicit approval from Fleur De Flavor.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
Bulk Orders & Third-Party Shipments:
Fleur De Flavor reserves the right to review and approve any bulk orders before fulfillment.
Any orders suspected of being resold, rebranded, or used for manufacturing under another name violate our Terms and will be subject to legal action.
Customers must disclose the intended end-user upon request. Failure to comply may result in the cancellation of the order.
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 without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information.
Historical information, by nature, is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities.
They are subject to return or exchange only according to our Return Policy.
All flavors and proprietary formulations sold by Fleur De Flavor remain the exclusive property of Fleur De Flavor.
Customers are prohibited from modifying, rebranding, or reselling these products under a different name.
Any violation may result in legal claims, including but not limited to trademark infringement, unfair competition, and breach of contract.
violators will be subject to cease-and-desist orders and legal remedies
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
All returns are subject to our Return Policy, which outlines eligibility, processing times, and applicable fees.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Third-Party Service Failures
We are not responsible for errors, service interruptions, or losses caused by third-party services, including but not limited to payment processors, shipping providers, or website hosting platforms. You acknowledge that any reliance on these third-party services is at your own risk, and we shall not be held liable for any damages or disruptions caused by such external entities.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources).
Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Use of Submissions
If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction:
Edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
We are under no obligation to:
Maintain any comments in confidence.
Pay compensation for any comments.
Respond to any comments.
Content Monitoring & Restrictions
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is:
Unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
Violating any party’s intellectual property or these Terms of Service.
User Responsibility
You agree that your comments will not:
Violate any third-party rights, including copyright, trademark, privacy, personality, or other proprietary rights.
Contain libelous, abusive, or obscene material, or any computer virus or malware that could impact the operation of the Service or related websites.
Use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
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.
SECTION 10 - PERSONAL INFORMATION
For details on how we collect, use, and protect your personal data, please review our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Corrections & Updates
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to:
Product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
We reserve the right to:
Correct any errors, inaccuracies, or omissions.
Change or update information.
Cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
No Obligation for Updates
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.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
For any unlawful purpose.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying formulas, or proprietary compositions of any Fleur De Flavor products, services, or website features.
To submit false or misleading information, including unauthorized resale claims.
To interfere with or circumvent the security features of the Service or any related website.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are provided 'as is' and 'as available', without any representation, warranties, or conditions of any kind, either express or implied, including but not limited to:
Merchantability
Merchantable quality
Fitness for a particular purpose
Durability
Title
Non-infringement
In no case shall Fleur De Flavor, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for:
Any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to:
Lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages.
Whether based in contract, tort (including negligence), strict liability, or otherwise, arising from:
Your use of any of the service or products procured using the service.
Any other claim related to your use of the service or any product, including but not limited to:
Errors or omissions in any content.
Loss or damage incurred due to the use of the service or content (or product) posted, transmitted, or otherwise made available via the service.
In no event shall our total liability, whether in contract, tort (including negligence), strict liability, or otherwise, exceed the amount you paid for the product or service that gave rise to the claim.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fleur De Flavor, including our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
Your breach of these Terms of Service or the documents they incorporate by reference.
Your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by:
Notifying us that you no longer wish to use our Services.
Ceasing to use our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.
You will remain liable for all amounts due up to and including the date of termination.
We may also deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of Fleur De Flavor to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - DISPUTE RESOLUTION & ARBITRATION
Informal Negotiation
Any dispute arising under these Terms of Service shall first be attempted to be resolved through informal negotiation between the parties.
If a resolution is not reached within 30 days, the dispute shall proceed to arbitration.
Binding Arbitration
If the dispute is not resolved through informal negotiation, it shall be resolved through binding arbitration in Orleans Parish, Louisiana.
The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) and shall be final and binding on both parties.
Each party shall bear its own costs, except where otherwise required by applicable law.
Small Claims Court Exception
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes that qualify under the jurisdictional limit of the applicable small claims court in Orleans Parish, Louisiana.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of law principles.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at inquiries@fleurdeflavor.com.
Registered EIN: 87-1134105
