These Terms and Conditions apply to the Fiesta Flops Web Site ("the Site") located at www.fiestaflops.com, and www.fiestaflops.ecrater.com. The Site is the property of Fiesta Flops Inc. BY USING THE SITE, YOU ARE AGREEING TO ACCEPT THESE TERMS AND CONDITIONS.
No Other Use of Trademark or Content
Fiesta Flops is a registered trademark of Fiesta Flops Inc. No use of the name or logo is permitted without prior written permission. All of the content featured or displayed on the Site, including without limitation text, graphics, photographs, moving images, sound, and illustrations, is owned by Fiesta Flops, its licensors, vendors, and/or its content providers. All elements of the Site, including without limitation the general design and content, are protected by copyright and other laws relating to intellectual property rights. No reproduction of the text, images, and/or other content is permitted. Displaying this Web Site or any information or material contained on this Web Site in frames or through similar means on another Web site is prohibited.
Minimum Age Requirement
Although Fiesta Flops does sell childrens' products, we only sell them to adults. If you are below age 18, you may only use the Site under the supervision of a responsible parent or guardian.
In placing an order, you warrant that you are over 18 years of age, that you have provided Fiesta Flops with accurate and complete information, and that you have the authority to place the order.
Protecting Your Confidential Information
You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
Accuracy of Information Provided
Fiesta Flops does not promise that this Site or any content, service or feature of the Site will be error-free. We attempt to ensure that information on the Site is accurate. But despite our best efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. For example, products included on the Site may be unavailable, may have different attributes than those described, or may actually carry a different price than that stated on the Site. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately depict the attributes of our products, including colors; however, the actual color you see will depend on your computer system and monitor. In addition, all features, content, specifications, products, and prices of products and services described or depicted on the Site, and any applicable policies or terms, are subject to change at any time without notice.
Interruptions in service
Fiesta Flops does not promise that this Site or any content, service or feature of the Site will be uninterrupted. The Site and its content are delivered on an "as-is" and "as-available" basis, and operation of the Site may be affected by numerous factors outside of our control. Furthermore, Fiesta Flops reserves the right to suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform maintenance, error correction, or other changes.
Right of Refusal
Fiesta Flops reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your receipt of an electronic or other form of order confirmation does not signify Fiesta Flops' acceptance of your order, nor does it constitute confirmation of Fiesta Flops' offer to sell. In the event that a product is listed at an incorrect price or with incorrect information, Fiesta Flops will have the right to refuse or cancel any orders placed for product listed at the incorrect price.
Fiesta Flops may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
When an order is placed, it will be shipped to an address provided by the purchaser as long as that shipping address complies with the shipping restrictions contained on the Site. All purchases are made pursuant to a shipment contract. Risk of loss or damage for items purchased from the Site pass to the recipient upon delivery of the items to the shipping carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Liability for Defects
All products and services purchased on or through the Site are subject only to the applicable warranties of their respective manufacturers, distributors and suppliers, if any. Should there be any problem with the products or services that you have purchased on or through the Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, or to seek a return and refund in accordance with our returns and refunds policies posted on the Site.
Any feedback you provide at this Site shall be deemed to be non-confidential. Fiesta Flops shall be free to use such information on an unrestricted basis.
Blocking Access To Your Account
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are liable for any orders placed or charges incurred through your account prior to termination.
You agree to indemnify and hold Fiesta Flops, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Fiesta Flops arising out of or in connection with your use of the Site.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Florida. You consent to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida, and waive any objection to such jurisdiction or venue.
YOUR SOLE REMEDY AGAINST Fiesta Flops FOR DISSATISFACTION WITH THE SITE OR ANY OF ITS CONTENT IS TO STOP USING THE SITE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
IF ANY PROVISION OF THESE TERMS OF SERVICE IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK AND THE REMAINING PROVISIONS SHALL BE ENFORCED.