Conditions of Use

Terms and Conditions of Sale

 

In-Effect Date: June 26, 2018

These Terms and Conditions of Sale (the “Terms”) apply to your purchase of the “FLO Home G5” model electric vehicle supply equipment (“EVSE”) or the “FLO Home X5” model EVSE and related accessories (hereinafter referred to as the “Products”) from our website: www.flo.com (the “Site”). The Site serves as a transaction platform made available by Services FLO Inc. (“FLO”, “we”, “us” or “our”).

The Terms constitute a legally binding agreement between you and FLO regarding your purchase of the Products. The version of the Terms posted on the Site on the date of your order applies to your purchase of the Products. We invite you to read them carefully before entering into a transaction and to contact us if you have any questions. By placing an order, you acknowledge that you have read, understood and accepted without reservation, the present Terms. The Terms do not alter, however, in any way the terms and conditions of any other agreement you may have with FLO, unless otherwise agreed to in writing by FLO.

The Terms of Use, the Privacy Policy and the Limited Product Warranty (all being accessible on the Site) in effect at the time of your order of the Products are hereby incorporated by reference into the Terms and form part of the legally binding agreement between you and us. To the extent that there is a conflict between the Terms and the Terms of Use and the Privacy Policy, these Terms shall govern any purchase of the Product.

You are solely responsible (and FLO has no responsibility to you or to any third party) for any breach of your obligations under the Terms and for the consequences (including any loss or damage which FLO may suffer) resulting from any such breach.

 

Registration for Purchase of Products

To purchase a Product on the Site, you must create an account and a password. You must keep this password strictly confidential and not disclose it or share it with anyone. You are fully responsible for the use of your account and your password and any orders placed thereunder, even by a third party. If you know or suspect that someone else knows or has used your account and/or your password, you must notify FLO immediately.

You may not use your account to purchase the Products for commercial purposes such as reselling new Products.

As part of the account registration process required for the purchase of the Products, you may be required to provide information about yourself (such as identification, contact details and financial information such as your credit card number). You agree that any registration information you give to FLO will always be accurate, correct, complete and up to date. Please inform FLO about changes of address or other modifications to your account by updating your personal details without delay.

For the purposes of registering, you warrant and represent that: i) you are at least seventeen (17) years of age and you will supervise any third party who uses your computer, mobile phone or any other electronic device and/or your name or your account to access the Site; ii) you have the legal capacity to enter into a contract and you will meet the financial obligations related to the purchase of Products on the Site; iii) you will use the Site in accordance with the Terms of Use; iv) you will use the Site only to purchase Products for yourself or for third parties who have duly authorized you for these purposes; v) all the information provided to FLO through the Site regarding you and any third party, including any personal information, is true, accurate and complete and you have the authority or you have obtained the third party’s consent to enter, edit, add and delete such information on the Site.

 

Orders

By placing an order through the Site, you make an offer to purchase the Products you have selected, subject to the Terms. Orders you place with FLO on the Site may be subject to minimum and maximum quantities, and are conditional on availability.

 

Order Confirmations

The order you place on the Site will not constitute a binding contract unless and until FLO shows on the Site a confirmation of the completion of the transaction. You will receive within 15 days after the completion of the transaction an email containing the invoice for the purchase of the Product, a copy of the Terms and a copy of the Limited Product Warranty.

The data registered by FLO constitutes full proof of the order and the completed transaction. The data registered by the payment system constitutes full proof of the financial transactions.

FLO reserves the discretionary right to refuse orders for any legal reason, without compensation, and/or in the following instances: (1) if FLO has concerns in relation to your creditworthiness, (2) if FLO suspects you of improperly reselling Products or (3) if you have unpaid invoices.

 

Prices

Prices for the Products (including applicable taxes) and shipping fees will be charged and billed at the rates indicated on the Site at the time of confirmation of the transaction. Shipping fees will be calculated according to the address of delivery. FLO reserves the right to modify the prices of its Products and shipping fees from time to time.

 

Payment Terms

Payment of the purchase price for the Products, shipping fees and applicable taxes shall be made by credit card at the time of the order. No transaction shall be completed, and no Product shall be shipped, unless confirmation of such payment has been received by FLO.

Please note that the issuer of your credit card may charge you certain fees, such as transaction fees or other fees relating to the processing of your payment and credit card. Check with the issuer of your credit card for details. FLO shall not be liable for delays caused by or extra fees charged by the credit card issuer.

 

Shipping and Transfer of Ownership

All orders confirmed by FLO will be shipped to the delivery address you specify when you place your order. Products will be shipped by a carrier authorized by FLO, the details of which shall be confirmed to you by email at the time of shipping. FLO shall make commercially reasonable efforts to ship within 10 business days after receipt of an order.

Subject to the carrier’s terms and conditions of delivery, FLO assumes all risk of loss and damage during transport until delivery to the address you provided to us when you placed your order.

Title of ownership to the Products shall transfer to you at the time the Products are delivered to the address you provided to us when you placed your order as reported by the carrier undertaking delivery.

 

Installation

You are solely responsible for the installation of the Products and must follow the specific requirements included in the “Installation Guide” provided with the Products at the time of delivery and available on the Site.

 

Returns

Subject to the conditions set forth in this “Returns” section, all unused Products purchased from FLO may be returned for any reason within 30 days from the date of delivery. The Product must be returned in its original packaging with all manuals and parts and must include the UPC code and the original receipt. Products may only be returned in the country in which they were purchased.

All returns must be pre-authorized in writing by FLO’s Customer Service. To request such pre-authorization, please contact FLO’s Customer Service at this email address service@flo.com. A return merchandise authorization number will be issued together with such written pre-authorization and must be indicated on the return package. You assume the risks and expense of returns, and you may use the carrier of your choice. You retain ownership of the Product until it is delivered to us at the return address specified in the return merchandise authorization.

 

Refunds

All returns will be processed by FLO within 2 business days after receipt. Upon satisfactory inspection of the returned Products, FLO will refund the purchase price, the shipping fees charged by us when we first sent you the Product and the taxes collected. If a Product has been removed from the original packaging, FLO shall deduct from the original purchase price a repackaging fee equal to 10% of the purchase price. All refunds are made through the same credit card as used for the original purchase of the Product. If we find that you have damaged or used the Product, we will not provide a refund, but we will send you the Product to an address you specify, provided you pay the shipping fees in advance.

 

Promotions

FLO will reimburse the difference between the price you paid for a specific Product, and a lower price advertised by FLO for the same Product in the same state during a period of 14 days following the date of purchase.

All reimbursement requests for this reason must be made in writing and emailed to FLO Customer Service at service@flo.com with supporting documentation. These reimbursement requests will be processed within 2 business days and, if accepted, the refund will be made through the same credit card as used for the original purchase of the Product.

 

Limited Warranty on the Products

All Products purchased from FLO are covered by a limited Product warranty, the details of which may be found on the Site. A copy of this warranty will be sent to you with the email confirming the purchase of a Product.

OTHER THAN AS SET OUT IN THE LIMITED PRODUCT WARRANTY, FLO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR THEIR DESIGN, MATERIALS, WORKMANSHIP, LIFE, PERFORMANCE OR SUITABILITY, OR THE INFORMATION, SPECIFICATIONS OR MANUALS PROVIDED WITH THEM.

The photographs, diagrams and texts illustrating and describing the Products and other content posted on the Site are non-contractual and for information purposes alone. FLO shall not be liable in case of errors or omissions in the photographs, diagrams or texts displayed on the Site, as more specifically described in the FLO Terms of Use.

 

Intellectual Property

FLO or its licensors will retain the sole and exclusive property of all intellectual property rights used to create, embodied in, used in and otherwise relating to the Products and any of their component parts (“FLO IP”). You will not acquire any ownership interest in FLO IP under these Terms or any other agreement, provided however that FLO shall grant you a non-exclusive, irrevocable, perpetual, non-transferable, royalty-free licence to use FLO IP in connection with your use of the Products. Other than as specifically provided above, no information or statement contained in the Terms or the Site shall be construed as conferring, directly or by implication or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of FLO or any third party.

You must not alter, delete, or conceal any copyright or other notices displayed on the Products.

You must not attempt to reverse engineer the Products or any part thereof, or otherwise attempt to discover FLO IP, including trade secrets or other confidential information embodied in the Products, or allow any other person to do so.

 

Limitation of Liability

Without limiting the scope of the Terms, IN NO EVENT SHALL flo’s LIABILITY in connection with or arising from the products or the terms EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT in respect of which damages are claimed.

IN NO EVENT SHALL FLO BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY FLO), (b) ANY LIABILITY ARISING IN TORT, WHETHER OR NOT ARISING OUT OF flo’S NEGLIGENCE, AND ALL LOSSES OR DAMAGES TO ANY PROPERTY OR FOR ANY PERSONAL INJURY OR ECONOMIC LOSS OR DAMAGE CAUSED BY THE CONNECTION OF A PRODUCT TO ANY OTHER DEVICE OR SYSTEM, (c) cause of action in connection with product malfunction AND (d) ANY DAMAGE OR INJURY ARISING FROM, OR AS A RESULT OF, MISUSE, ABUSE OR INCORRECT INSTALLATION, INTEGRATION OR OPERATION OF THE PRODUCTS.

FOR PURPOSE OF THIS LIMITATION OF LIABILITY SECTION, THE TERM “FLO” SHALL INCLUDE FLO AND ITS AFFILIATES AND THEIR SUPPLIERS, LICENSORS, SUCCESSORS, ASSIGNS, SHAREHOLDERS AND AGENTS.

 

Indemnification

You agree to indemnify, defend, and hold harmless FLO and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim (including third party claims), and expense (including reasonable legal fees) related to your failure to comply with the Terms, the FLO Terms of Use or your use of the FLO Network or Products in any way that is not specified by the user manual and any technical specifications provided at the time of purchase and any service communications.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request. 

 

Force Majeure

FLO shall not be responsible for its inability to complete an order by any cause beyond its control, including but not limited to, acts of god, power failures, technical difficulties, bugs and network and servers’ failures, interruptions of the mail or courier services, strikes, lockouts, acts of war or internet or payment system failure. FLO shall make reasonable efforts to promptly notify you of any such inability to complete an order. In the event of delay, FLO will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner.

 

General

If FLO does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FLO has the benefit of under any applicable law), this will not be taken to be a formal waiver of FLO’s rights and that those rights or remedies will still be available to FLO. You may not assign or transfer these Terms or any of your rights hereunder without FLO’S prior written consent. If any provision of the Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of the Terms and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The Product, the Product technology and its related documentation may not be exported or re-exported in violation of the U.S. Export Administration Act and its implementing regulations.

The laws of the State of Delaware shall govern these Terms in all respects, without giving effect to conflicts of laws principles unless and only to the extent that the local laws where you reside explicitly require the application of a different set of laws. The provisions of the United Nations Convention on Contracts for the Sale of Goods are hereby excluded.

 

BINDING ARBITRATION

You and FLO agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your purchase or use of the Products to binding arbitration rather than by filing any lawsuit in any forum other than set forth herein. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your purchase or use of the Products (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that either party may take claims to small claims court (only on an individual basis) if they qualify for hearing by such a court.

The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Terms. The place of any arbitration will be Delaware, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor FLO nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

All administrative fees and expenses of arbitration will be divided equally between you and FLO. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

 

NO CLASS ACTIONS. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

 

© 2018. FLO Services USA Inc. All rights reserved.

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