Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site. 

General Terms: 

  1. FLUXK is a trading name of FLUXK, LLC
  2. You agree that email is a suitable form of communication regarding your orders, and that you have access to an email account.
  3. You agree to ensure that all personal and financial details that you provide to FLUXK, LLC are correct, and you undertake responsibility to ensure that you keep your personal and financial records, as stored by www.fluxk.com up to date.
  4. During the creation of your account you will have to create a username and password. It is your responsibility to ensure that you keep these details safe and secure, and we strongly advise you not to pass these details on to any third party. You must use only these log-in details when using our website. You must not sell or transfer your username and/or password to any third party, not permit anyone except for yourself to use your username or password.
  5. Your personal and financial details will be held on record by FLUXK, LLC but will not be passed on to any outside party under any circumstances.
  6. You accept responsibility to ensure that the credit/debit card that you use for payment is your own, that the details that you supply are correct, and that you have sufficient funds to cover the cost of goods ordered.
  7. If there are any changes to your financial or personal details, then it is your responsibility to make the changes yourself via 'my account' or to inform us of any changes.
  8. You are able to cancel your order at any time prior to it being processed. You can do this in the 'my account' section by looking up your pending orders.
  9. This website should only be used for ordering purposes by persons over the age of eighteen.
Order processing
  1. You can check the status of your order at any time via the 'My Account' section of the website.
  2. All credit and debit card payments are debited on the same day of shipping. The transaction will appear on your credit card statement as ‘FLUXK, LLC'.
  3. FLUXK, LLC will generally fulfill your order within 48 hours (usually 24 hours) from the date that you place the order (working days only, which exclude Saturday and Sunday and some Holidays).
Delivery
  1. During the Holiday Season all delivery companies experience unusually high volumes of deliveries. We therefore recommend that all orders for Christmas presents are placed by at least the 18th of December.
  2. FLUXK, LLC is unable to guarantee the delivery time of any goods ordered, but will generally fulfill your order within 48 hours (usually 24 hours) from the date that you place the order (working days only, which exclude Saturday and Sunday and some Holidays).
  3. FLUXK, LLC is unable to guarantee the delivery time of any goods ordered once shipped if shipped by USPS First Class Mail. FLUXK, LLC is only able to guarantee the delivery date of goods once shipped if shipped via Special Delivery by USPS (Priority or Express Mail), FEDEX, or UPS.
  4. You can check the shipping date of your order at any time by visiting the 'My Account' section of the website.
  5. If you specify a delivery method other than standard mail, then the tracking/reference number of the parcel will be displayed within the 'My Account' section of the website.
  6. FLUXK, LLC reserves the right to automatically upgrade your selected method of shipping, without additional cost to you, at our discretion.
  7. All shipping charges are based upon the weight of the goods ordered and are intended to be as fair as possible, and in some cases shipping is actually subsidized.
  8. It is your responsibility to select a method of shipping that is correct for your location.
  9. You will only be charged the amount of shipping shown at the time of placing the order, provided you have chosen a correct method for your location. If the actual cost of shipping your order is more expensive due to a product weight fluctuation or due to postal/courier price fluctuations, then FLUXK, LLC will always cover any additional expenses. You are only ever charged the amount that is specified at the time of placing the order, provided you select a correct method of delivery for your location.
  10. Delivery times stated by the delivery companies are descriptive of the service that they offer and do not indicate the date that you will receive your order. For example, 'FEDEX Express' means that your goods should be delivered to you within twenty four hours of shipping your order.
Refunds
  1. We do not charge restocking fees.
  2. The shipping cost of your product is not refundable, unless it is as a result of our error.
  3. The return cost of returning your item to us is not refundable, unless it is as a result of our error.
  4. You may return any item (in resalable condition and 'as received') (Do not wash product), minus the shipping charge.
  5. Refunds cannot be made under any circumstances until the goods have been returned to us and the return has been processed and approved.
  6. Refunds will only be given for damaged goods where no identical replacement product can be supplied.
  7. Refunds will be made within 2 business days of the processing and approval of your return.
    Exchanges
    1. In the instance that goods are received in a damaged condition, you must apply for an exchange within three days of receiving your order. We are unable to exchange damaged goods for alternative items and can only supply a like-for-like replacement, unless the damaged item was incorrectly supplied due to our error.
    2. You must apply for an exchange within fourteen days of receiving your order, and all returned goods must be in an unused and resalable condition (complete with all original packaging).
    3. Any goods received that were supplied incorrectly by us (i.e. are not the goods that you ordered), will be exchanged and redelivered to you free of charge once you have returned the incorrect goods to us. We will also refund the return cost of the item provided that it is returned via the method that we specify.
    4. We are happy to exchange any goods which are supplied correctly but do not meet with your requirements (e.g. you have ordered the wrong size). In cases such as this, where we have correctly supplied you what you have ordered, you will be charged for shipping to send the replacement item to you.
    Copyright
    The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of FLUXK, LLC. The collective work includes works that are licensed to FLUXK, LLC. Copyright 2015, FLUXK, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with FLUXK, LLC or purchasing FLUXK, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with FLUXK, LLC or to purchase FLUXK, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by FLUXK, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site. 


    Trademarks
    All trademarks, service marks and trade names of FLUXK, LLC used in the site are trademarks or registered trademarks of FLUXK, LLC.

    Warranty Disclaimer
    This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, FLUXK, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. FLUXK, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. FLUXK, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. 

    Limitation of Liability
    FLUXK, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if FLUXK, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

    Typographical Errors
    In the event that a FLUXK, LLC product is mistakenly listed at an incorrect price, FLUXK, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. FLUXK, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, FLUXK, LLC shall issue a credit to your credit card account in the amount of the incorrect price. 

    Termination
    These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by FLUXK, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. 

    Notice
    FLUXK, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to FLUXK, LLC. 

    Miscellaneous

    1. FLUXK, LLC accepts no responsibility for any omissions or errors, and we reserve the right to change any or all information that relates to listing products or services.
    2. FLUXK, LLC will attempt to update outdated or incorrect information relating to any products or services as quickly as possible.
    3. The goods sold on this website and intended for private and domestic consumer use only. FLUXK, LLC accepts no responsibility for any direct or indirect loss of data, income or damage to property resulting in the use of this website or any products purchased from it.
    4. FLUXK, LLC to the fullest extent of the law, is providing this website and all of its contents on a purely 'as is' basis.
    5. FLUXK, LLC cannot be held accountable for delays caused to the delivery of your order due to factors outside of our control, such as (but not limited to) acts of nature, war, famine, flood, strikes, riots, fire and other similar events.
    6. It is an illegal act to purchase goods using a false name or a known invalid credit/debit card. Any individual, group, association or company that is found to willingly enter false details to their order information will be subject to prosecution under the full extent of the law.
    7. FLUXK, LLC reserves the right to update or amend these Terms and Conditions at any time they so wish. All purchases made will come under the Terms and Conditions that were applicable at the time the order is placed. It is your responsibility to check the Terms and Conditions prior to the placement of each order to ensure that you agree to any amendments that have been made prior to you placing your order.
    8. The Terms and Conditions supersede any previous Terms and Conditions.
    9. These Terms and Conditions are subject to the laws of the State of California.

    Use of Site
    Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a FLUXK, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. 

    Participation Disclaimer
    FLUXK, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, FLUXK, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, FLUXK, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to FLUXK, LLC in its sole discretion.

    Indemnification
    You agree to indemnify, defend, and hold harmless FLUXK, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. 

    Third-Party Links
    In an attempt to provide increased value to our visitors, FLUXK, LLC may link to sites operated by third parties. However, even if the third party is affiliated with FLUXK, LLC, FLUXK, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FLUXK, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, FLUXK, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).