Terms and Conditions
OVERVIEW AND ACCEPTANCE
Welcome to our website EriktheFlutemaker.com, also referred to as the "Site", owned and operated by Erik the Flutemaker Inc, 14701 SW 18th Court Davie, FL 33325, Phone: +1/954-424-6502. Throughout the Site, the terms “Erik the Flutemaker”, “we”, “us” and “our” refer to Erik the Flutemaker Inc. Erik the Flutemaker offers this site, 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.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
By accessing or using any part of the site, purchasing something from us or contacting us through our contact form and/or social media platforms, you engage in our “Service” and agree to be bound by the following Terms and Conditions, also referred to as “Terms of Use”, “Terms of Service” or just “Terms”, including those additional terms, 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. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
CHANGES TO THIS TERMS AND CONDITIONS
Any new features or tools which are added to the current Site will also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to this page and updating the “Last Modified” date at the end of this page. It is your responsibility to check this page periodically for changes and updates.
Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
INTENDED USERS
By agreeing to these Terms and Conditions, you state 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 you have given us your consent to allow any of your minor dependents to use this site and/or make a purchase.
This Site is hosted and operated in the United States, under United States applicable laws, and is intended for users located in and outside the United States. EriktheFlutemaker.com abides by the laws of the state of Florida, United States. Those who choose to access this Site from locations outside of the United States’ jurisdiction do so at their own risk and are responsible for compliance with applicable foreign laws.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
PERSONAL INFORMATION
Your submission of personal information throughout the Site, including the store and contact sections, is governed by our Privacy Policy which can be read here.
You agree that any information collected from you when you use the Site is governed by our Privacy Policy, as the same may be amended from time to time, which is hereby incorporated by reference into these Terms and Conditions.
You understand that your content (not including credit card information), may be transferred unencrypted and 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.
REGISTRATION
Certain areas of the website might ask or require registration. If you choose to register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If you allow another party to use your account, you will be responsible for making such party aware of these Terms and Conditions and for any violation of these Terms and Conditions by such party.
SITE ACCESS
Erik the Flutemaker Inc. grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and its Contents for your personal, non-commercial purposes only.
We reserve the right to refuse service to anyone for any reason at any time with or without an explanation of any type.
Except as otherwise provided herein, you may not copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Site or any portion thereof without the express prior written consent of Erik the Flutemaker Inc. In addition, you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Site or any Content. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or, use of the Site, or any portion thereof, at any time, with or without notice if we have reason to believe you have violated, or have attempted to violate, these Terms and Conditions.
SITE ACCURACY
We make constant efforts in ensuring that the information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete, contain typographical errors or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability or are just out of date.
All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. 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 is inaccurate, at any time, without prior notice (including after you have submitted your order).
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 timely sources of information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update, amend or clarify any information on our site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site or on any related website should be taken to indicate that all information on the Site or on any related website has been modified or updated.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
You agree that it is your responsibility to monitor changes to our site. Any reliance on the material on this site is at your own risk.
We do not guarantee the accuracy or completeness of any information, content or material provided through the Site, including but not limited to accurate display of our products attributes (e.g. texture, color, accessories).
CHANGES TO THIS SITE
We may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site (including the availability of any products, data or other information contained on the Site), at any time for any reason and without notice or liability to you or to any third-party. We reserve the right, with or without notice to you, to change any of the products or services offered on the Site or any other aspect of the Site including, but not limited to, hours of operation, site maps, menu structures, access procedures, software commands, documentation, and/or service providers.
We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of our products or the entire Service without notice.
The inclusion of any products or services on the Site at a particular time does not imply or guarantee that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
INTELLECTUAL PROPERTY
Unless otherwise noted, all content, including without limitation, the design of the site, its “look and feel”, information, software, code, data, text, images, video and audio, logos, slogans, trade names, product/service names and arrangement of the Site as a collective work and/or compilation (collectively, “Content”) are protected by United States and international laws regarding copyrights, trademarks, unfair competition or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content.
Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content of the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.
PROHIBITED USES OF THE SITE
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions.
In addition to other prohibitions as set forth in this Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
You understand and agree not to post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services.
You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username through our Contact Form here.
If you believe someone has used your password or account without your authorization, you must notify us via our Contact Form here immediately.
We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (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 and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third-party.
LINKS TO THIRD-PARTY SITES
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
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 their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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 website. 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.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have neither monitor nor any control or 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.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which this 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.
ONLINE STORE TERMS
You agree to provide current, complete and accurate purchase and account information for all purchases made through our Site. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
TERMS OF SALE
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer per person, per household or per order, or to refuse service to anyone for any reason at any time with or without an explanation of any type. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All purchases through our Site are governed by our Shipping and Returns Policy, that can be read here, as the same may be amended from time to time, which is hereby incorporated by reference into these Terms and Conditions.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Certain products may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policy. Any offer for any product or service made on this site is void where prohibited.
We make a constant effort to display as accurately as possible the colors and images of our products in the store section but we cannot guarantee that your computer monitor's display of any color will be accurate.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
TERMS OF PAYMENT
Payment must be made using one of the following credit/debit cards or an active Paypal account:
Visa | Master Card | American Express | Discover Card | JCB | Diners Club
The total amount of the order, including the shipping fees, is charged to your credit/debit card or PayPal account at the time of order placement. In order to complete checkout, if you pay by credit/debit card, you will have to enter the account holder details, credit/debit card number and security code. For payment using a Pay Pal account you must enter your username and password in the specific fields on the PayPal page you are automatically directed to, then follow the procedures indicated on the page.
The order procedure is considered completed at payment transaction completion. You will be automatically redirected to the page of the Site displaying the confirmation of acceptance of the order.
In the event that it is impossible to carry out the charge as a result of a mistake made by you in entering the data or due to other technical causes, you will not be able to complete the "order confirmation" procedure. If you decide to leave the payment page you will be redirected to a page of the Site which displays a message stating that it is impossible to confirm the order.
GIFT CARDS
By purchasing, using or accepting Erik the Flutemaker Gift Cards you accept these Terms and Conditions.
For more information about purchasing and using Gift Cards, access our Gift Cards page here, as the same may be amended from time to time, which is hereby incorporated by reference into these Terms and Conditions.
PRODUCT WARRANTIES
Your instruments are guaranteed for one year. In case of any manufacturing faults, you will be issued a replacement or partial refund according to our Shipping and Returns Policy. Any product in question sent back to us will be appraised and you will receive an email with our assessment and the possible outcomes. If the product was misused by you, we will return it to you and you will have to support the shipping costs.
If you take care of your product, it should last for decades. For Product Care information, please visit our FAQ’s Section here.
We do offer repairing damaged flutes services. For appraisal and repair costs, please contact us via our Contact form here.
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 that may be 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 of time or cancel the service at any time, without any prior or ulterior notice to you.
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 (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Erik the Flutemaker, 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, without limitation 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 any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be at all times limited to the lesser amount permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Erik the Flutemaker and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will 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, or when you cease using 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 and Conditions of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
THE ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
These Terms and Conditions, including our Privacy Policy and any other documents or policies appearing on the Site constitute the entire agreement and understanding between you and Erik the Flutemaker.Inc 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 and Conditions).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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 Court Davie FL, United States.
CONTACT US
If you have any questions regarding this Terms and Conditions, please contact us by email at info@eriktheflutemaker.com, by Phone at +1/954-424-6502 or through our Contact Form here.
LAST MODIFIED on July 8th 2020.
