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Terms & Conditions

Welcome to the United States section of the website flos.com (the “Site”). These terms and conditions (the “Terms and Conditions”) govern access to, and use of, the Site and the content and services available on the Site (the “Services”). The Site is the property of the FLOS Group of companies and is designed, operated and administered by FLOS S.p.A. an Italian company whose registered office is (hereinafter “FLOS”, “we”, “us”, or “our”, as context may require.)

Purchases made through the Site by customers in the United States are processed and fulfilled by FLOS U.S.A., Incorporated. a New York corporation having an address at 36 E 31st Street, Suite 402, New York, NY 10016. 

Access to and use of the Site and/or the Services, as well as the purchase of products on the Site, are based on the assumption that you have read, understood and accepted these Terms and Conditions, in addition to our Privacy Policy, Cookie Policy and any other rules and regulations posted on our Site (collectively referred to as the “Site Policies”). All Site Policies are incorporated in these Terms and Conditions by this reference. By using the Site, you agree to comply with and be bound by these Terms and Conditions and the other Site Policies. If you do not agree to the Site Policies, please do not use the Site. 

We reserve the right, in our sole discretion, to modify these Terms and Conditions from time to time, in which case we will post the revised Terms and Conditions on this Site and update the “Last Updated” date to reflect the date of the changes. Please consult our Site Policies regularly. The use of the Site by you after such modifications have been posted constitutes your full acceptance of the then-current Site Policies. If you do not agree with the Terms and Conditions or other Site Policies at any time, you may not continue to use the Site or Services.

1. PERSONAL USE ONLY

Access to and any use of the Site or Services, including viewing the Site’s pages, communicating with FLOS via our forms, downloading product information and purchasing products on the Site, are all activities to be carried out exclusively for personal use with no connection to any commercial, business or professional activity.

2. USER REGISTRATION; TERMINATION OF ACCOUNT

You may register for, or subscribe to, our Site and Services as available from time to time on the Site. When registering for, or subscribing to, the Site and the Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will continue to receive our messages and to prevent FLOS from inadvertently contacting third parties. 

You are solely responsible for the safekeeping and correct use of your personal information, including your password or any credentials that allow access to reserved Site Services, as well as for any detrimental consequence or harm that may arise as a result of incorrect use, loss or theft of such information.

FLOS is authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless FLOS receives explicit prior notice otherwise. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. 

Without prejudice to other remedies provided by applicable law and under these Terms and Conditions, FLOS is entitled, in its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Site and to the Services for any or no reason. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes. 

3. INTELLECTUAL PROPERTY RIGHTS

The contents of the Site, such as, by way of example, works, images, photographs, music, audio and videos, documents, drawings, figures, logos and any other material, in any format, including, Site’s pages, graphics, colors, charts, tools, Site fonts and design, diagrams, layouts, methods, processes, functions and software which are part of flos.com (the “Contents”) are protected under domestic and foreign intellectual property laws. FLOS and/or its affiliates hold all rights and/or licenses in and to the Contents. Any use of the Contents not expressly permitted by these Terms and Conditions is a breach thereof and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works I any form or by any means without the prior written permission from FLOS. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are herein incorporated into these Terms and Conditions by reference. The use of the Contents on any other website or in a networked computer environment for any purposes is prohibited. All rights not expressly granted herein are reserved to FLOS.

As a user of the Site, you are solely authorized to view the Site and the Contents; you are also authorized to carry out all those other temporary acts of reproduction, which have no economic significance of their own and are considered transitory or accessory and an integral and essential part of viewing the Site and its Contents, as well as other legitimate browsing operations. You are not authorized to wholly or partially reproduce the Site and/or the Contents on any support with any means and in any form. Any type of reproduction must be authorized beforehand by FLOS on a case-by-case basis (depending on the case), as well as by any other person who can be legitimately classified as the author of a work on the Site or which constitutes a form of Content. Said reproduction must, however, be carried out for legitimate reasons and in compliance with the copyright and intellectual property rights. The authors of individual works on the Site have, at any time, the right to claim authorship of their works and to object to any distortion, mutilation or any other modification of the works, including any action which damages their works or compromises their honor or reputation. You undertake to respect the copyright of the artists who have decided to publish their works on the Site and have collaborated in the creation of new expressive and artistic forms intended to be published, even in a non-exclusive manner, on the Site, or, in any case, form an integral part of it or which constitute as Content. You are, under no circumstances, authorized to use, in any way, time and form, the Contents and any single work relating to the Site that is protected by copyright or any other applicable intellectual property right, in violation of the provisions above, of said copyright/intellectual property rights or applicable regulations.

FLOS, or its licensors or content providers, retain full and complete title to the Contents provided on the Site, including all associated intellectual property rights, and provide these Contents to you under a license that is revocable at any time in FLOS’ sole discretion.

4. SUBMISSIONS AND USE OF SITE

You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

You may not use the Site or Services for any illegal or unauthorized purpose or utilize the Site or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Site and/or Services or to surreptitiously intercept any communications, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site or Services in any way. 

All responsibility for any damage to computer systems or loss of data resulting from downloading operations, with any method or any material from the Site, falls on the user and cannot be attributed to FLOS. 

If you do submit material, and unless we indicate otherwise, you grant FLOS and its affiliates an unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. If you do submit material, and unless we indicate otherwise, you grant FLOS and its affiliates an unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media.


5. LINKS
6. TRADEMARKS AND LOGOS

Trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of FLOS, its licensors, or content providers. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without FLOS’ prior written permission.

FLOS reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

7. DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE, ITS MATERIALS, CONTENTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. 

FLOS PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS SITE, ITS MATERIALS, CONTENTS, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), THAT IT IS MERCHANTABLE, THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, OR THAT ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN THE COURSE OF YOUR USE OF THIS SITE OR ANY HYPERLINKED WEBSITE ARE SECURE AND EXPRESSLY DECLINES ANY SUCH WARRANTIES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. 

If you download any materials from this Site, you do so at your own discretion and risk. You will be solely responsible for any damages to your computer system or loss of data that results from the download of any such materials. no advice or information, whether oral or written, obtained by you from FLOS or through or from the Site shall create any warranty of any kind. FLOS does not make any warranties or representations regarding the use of the materials on this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.


8. WARNINGS ABOUT CONTENTS

FLOS has taken every precaution to prevent the publication of Contents that describe or represent scenes or situations of physical or psychological violence or which, based on the common sensitivity of the users of the Site, could be considered harmful to civil beliefs, human rights or dignity of people, in all its forms and expressions. In any case, FLOS does not guarantee that the Contents and the Site and/or Services are appropriate or lawful in countries outside of the United States. However, if the Contents are deemed unlawful or illegal in some of these countries, you are requested to avoid accessing the Site from such places and if you choose, in any case, to access them, we inform you that the use you decide to make of the services provided by flos.com will be your sole and personal responsibility.

9. FORCE MAJEURE

FLOS is not responsible for any delay or failure to perform our obligations hereunder or in the provision of the Services if the delay or failure is caused by an event beyond our reasonable control. Such events may include natural disasters, fires, floods, epidemics, strikes, labor disputes, acts of war, terrorism, government actions, or interruptions to transportation or communication networks.

If such an event occurs, we will take reasonable steps to reduce the impact and will notify you if your order is affected. If we cannot fulfill your order within a reasonable time, you will have the option to cancel and receive a full refund.

10. LIMITATION OF LIABILITY

SOME JURISDICTIONS MAY NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. 

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FLOS NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FLOS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FLOS NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless FLOS and each of its parents, subsidiaries and affiliates and their respective officers, directors, shareholders, legal representatives, attorneys, partners, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, claims, demands, expenses, damages, costs, penalties or expenses (including reasonable attorneys' fees and court costs), arising or resulting from your use of the Site, including any submissions you may make to us, and any violation of these Terms and Conditions.

If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

12. JURISDICTION AND APPLICABLE LAW

The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions and Site Policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection herewith shall be brought solely in the County of New York, State of New York and you irrevocably consent to the jurisdiction of the courts located therein for any action arising out of or relating to these Terms and Conditions.

13. CHANGES TO THE TERMS OF USE

FLOS reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time.

In the event we make material changes to the Terms and Conditions, notice of the changes will be posted on the home page of this web Site.


14. ENTIRE AGREEMENT

These Terms and Conditions and any Site Policies or operating rules posted on this Site constitute the entire agreement and understanding between you and FLOS with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


15. HEADINGS

The headings used herein are for reference purposes only and do not have contractual or binding effect. 

16. NO WAIVER

Waiver of any provision of these Terms and Conditions, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect will not operate to excuse performance or waive any such right to require strict performance at any future time.

17. SEVERABILITY

If any provision of these Terms and Conditions is unlawful, void, or unenforceable, the remaining provisions will remain in place. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.