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Terms & Conditions

Terms & Conditions

General Terms and Conditions

All orders accepted by ShopFlow Solutions, LLC, a Missouri limited liability company (“ShopFlow Solutions”) are expressly subject to the Terms and Conditions set forth herein.  No other terms or conditions shall have force or effect unless accepted in a writing signed by an authorized representative of ShopFlow Solutions.  By accessing, browsing, or using the ShopFlow Solutions website, and/or placing orders with ShopFlow Solutions, the buyer (“Buyer”) agrees to these Terms and Conditions.

PRODUCTS AND PRICING

Terms and conditions of sales, product prices, products offered and availability of products are subject to change at any time by ShopFlow Solutions and are subject to these Terms and Conditions, as may be modified and in effect from time to time.

SHIPPING AND RETURNS

All orders are shipped freight included for the 48 contiguous states.  Orders shipping to Alaska, Hawaii or ourtside the US contact us for freight costs.  Minimum order value is $25.00, shipped and billed per order.

Buyer must notify ShopFlow Solutions in writing of any damages or defects to products, or shortage in products, received by Buyer within seven (7) days from receipt.  Failure of Buyer to provide such notice within the applicable time period shall be deemed an absolute and unconditional waiver by Buyer of such claim irrespective of whether the facts giving rise so such claim shall have been then discovered or of whether processing, further manufacture, other use or resale of the goods shall have then taken place.  No products may be returned without advance written authorization from ShopFlow Solutions.  Any product returned without authorization will not be accepted by ShopFlow Solutions and will be shipped back to Buyer at Buyer’s expense.

Authorized returns must be shipped to ShopFlow Solutions in un-used condition and will be subject to a 20% restocking charge.  Authorized returns must be shipped to ShopFlow Solutions freight prepaid by Buyer and must be for products purchased not longer than three (3) months from date of the return request.

TRADEMARKS

Logos and trademarks used and displayed on the ShopFlow Solutions website are the sole property of ShopFlow Solutions. ShopFlow Solutions logos and trademarks may not be used for any purpose without the prior written consent of ShopFlow Solutions.

USE

Viewing the ShopFlow Solutions website creates a copy of its materials in the user’s computer's random access memory and/or in the user’s hard drive and/or in the user’s proxy server. Buyer is hereby permitted to print pages from the ShopFlow Solutions website for Buyer’s own personal, noncommercial use.   Modifying, copying, distributing, transmitting, displaying, reproducing, publishing, licensing, transferring or selling any information, material, printouts or services from the ShopFlow Solutions website is prohibited.

DISCLAIMER

The information on the ShopFlowSolutions website may include technical inaccuracies or typographical errors. Any changes or improvements in such information may be made by ShopFlow Solutions at any time without notice. ShopFlow Solutions disclaims all warranties and conditions express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose or application, title and non-infringement. ShopFlow Solutions does not warrant or make any representations regarding the use of the information and materials on the ShopFlowSolutions website relating to their accuracy, timeliness, reliability, applicability or correctness.

LIMITATION ON LIABILITY

BUYER'S EXCLUSIVE REMEDY SHALL BE FOR DIRECT DAMAGES, AND SHOPFLOW SOLUTIONS’ TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER (WHETHER SUCH CAUSE BE BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE) SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT TO WHICH SUCH CAUSE ARISES OR, AT SHOPFLOW SOLUTIONS’ OPTION, THE REPAIR OR REPLACEMENT OF SUCH PRODUCTS.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS.  IN NO EVENT SHALL SHOPFLOW SOLUTIONS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY SUCH CAUSE. SHOPFLOW SOLUTIONS shall not be liable for, and Buyer assumes liability for, all personal injury, property damage OR VIOLATION OF APPLICABLE LAWS connected with the handling, transportation, possession, processing, further manufacture, other use or resale of the PRODUCTS, whether the PRODUCTS are used alone or in combination with any other material.  IN ANY JURISDICTION IN WHICH THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED, SHOPFLOW SOLUTIONS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

EXCUSE OF PERFORMANCE

No liability shall result from delay in performance or non-performance, directly or indirectly caused by circumstances beyond the control of ShopFlow Solutions, including, but not limited to Act of God, fire, explosion, flood, war, act of or authorized by any government, accident, labor trouble or shortage, equipment failure, inability to obtain from its usual sources of supply fuel, power, material, equipment or transportation or commercial impracticability.  Quantities so affected may be eliminated from orders placed without liability, but these Terms and Conditions shall remain otherwise unaffected.  If for any reason, including, without limitation, force majeure, ShopFlow Solutions is unable to supply the total demand for products, ShopFlow Solutions may distribute its available supply among any or all buyers on such basis as ShopFlow Solutions may deem fair and practical without liability for any failure of performance that may result therefrom.

INDEMNIFICATION

Buyer hereby agrees to indemnify and hold harmless ShopFlow Solutions and its directors, members, managers, officers, employees, contractors, agents, representatives, successors and assigns from any claim from and against any and all liens, damages, losses, liabilities, obligations, settlement payments, penalties, claims, judgments, suits, or expenses of any kind or of any nature whatsoever (including reasonable attorneys' fees and court costs) which may at any time be imposed upon, incurred by or asserted against ShopFlow Solutions, arising directly or indirectly from or out of a breach of these Terms and Conditions, or the negligence or willful misconduct, by Buyer or its employees, contractors, agents or representatives.

APPLICABLE LAW

By visiting the ShopFlow Solutions website, Buyer agrees that the laws of the State of Missouri, U.S.A., without regard to conflict of law principals that would dictate selection of another jurisdiction's laws, will apply to these Terms and Conditions.

DISPUTES

Any dispute arising between Buyer and ShopFlow Solutions shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, with the exception of actions taken against Buyer for intellectual property rights infringement, which may be commenced immediately by ShopFlow Solutions. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the United States Federal Arbitration Act.  Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these Terms and Conditions or to award damages contrary to these Terms and Conditions, and the award may be enforced by judgment in a court of competent jurisdiction.  The arbitration will be conducted in St. Louis, Missouri, U.S.A.

MODIFICATION TO TERMS AND CONDITIONS

ShopFlow Solutions reserves the right to revise the terms and conditions at any time. Use of the ShopFlow Solutions website, or placement of an order for products from ShopFlow Solutions, on or after the effective date of any such modification will constitute acceptance of these Terms and Conditions as modified or changed.

SEVERABILITY

If any of these Terms and Conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms and Conditions.

 

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