TERMS AND CONDITIONS OF SALE
These are the terms and conditions on which we supply products to you via our website (www.ifleat.com) and via our mobile, tablet or other applications (our “Sites“).Please read these terms and conditions carefully before ordering as these terms will apply to any orders you place.
By placing an order, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
Your use of our Sites, and any orders you place, is governed by our Terms of Use, Please take the time to read these, as they include important terms which apply to you
INFORMATION ABOUT US
Our Sites are operated by IFLEAT B.V. (“we”, “our” or “us”). We are registered in The Netherlands under company number 65476816 at Meeuwenlaan 100, 1021JL Amsterdam. You can contact us using contact@ifleat.com.
We accept orders on our Sites on behalf of iFLEAT. The legal contract in relation to your order is between you and iFLEAT. Your order is subject to these terms and conditions.
ORDERING
You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you place an order via our Sites, you will be presented with confirmation on your screen that your order has been received and accepted by us. Your contract with us is only formed when you have been presented with this confirmation.
You will also receive a confirmation email. Please make sure that the email address you provide is correct and in proper working order, as this are required to fulfil your order.
AVAILABILITY AND DELIVERY
We strive to maintain our excellent reputation for on-time delivery. However, unfortunately, things do not always go to plan and factors such as the weather may occasionally prevent us from achieving this. We will do our best to fulfil your order in accordance with the date and time confirmed to you at the time of your order.
CANCELLATION
In the unfortunate circumstance that we need to cancel your order after it has been accepted, we will notify you. We reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
You will not be charged for any orders we cancel. Any payment made prior to an order being cancelled by us will typically be reimbursed using the same method originally used by you to pay for your purchase.
You acknowledge that once you have confirmed your order and your payment option has been processed, you cannot retract, cancel or modify that order unless:
- You request cancellation of your order per email (contact@ifleat.com)
- Your cancellation is received by iFLEAT at the latest 48 hours in advance of your flight
PRICE AND PAYMENT
Prices are as quoted on our menus and Sites and may change from time to time, although changes will not affect orders already placed. Prices include VAT unless stated otherwise. Prices are set for each country and will vary from country to country.
OUR LIABILITY
If we fail to comply with these terms, we are responsible for loss or damage you suffer that a foreseeable result of the breach of these terms or negligence, up to the amount of the purchase price you paid for the order applicable to your claim.
However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it would reasonably be contemplated by you and us at the time of your purchase.
We only supply products for private use. You agree not to use any product for commercial or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any liability which cannot legally be limited or excluded.
WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Sites, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Sites. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If you wish to contact us you should contact us using our email address contact@ifleat.com.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond both our reasonable control and the reasonable control of us and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, extreme snow, ice, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; or
- non-performance by suppliers or subcontractors.
WAIVER
If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we waive a default by you, this will only be done in writing, and will not mean that we will automatically waive any later default by you.
SEVERABILITY
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
ASSIGNMENT
We may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you, us and our Franchisees, whether oral or in writing.
VARIATION OF THESE TERMS AND CONDITIONS
We have the right to amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
THIRD PARTY RIGHTS
No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.
LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with your order or their subject matter or formation (including non-contractual disputes or claims) will be governed by Dutch law. Any\ dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of The Netherlands.
WEBSITE AND APPLICATIONS TERMS OF USE
These terms of use set out the terms on which you may make use of the website (www.ifleat.com) and mobile, tablet and other applications (our “Sites”) that we have created, whether as a guest or registered user. Use of our Sites includes accessing, browsing, or registering to use the Sites.
Please read these terms of use carefully before you start using our Sites, as these terms will apply to your use of our Sites. By accessing, browsing and using our Sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use any of our Sites.
Your use of our Sites, including any orders you place, is governed by our Terms and Conditions of Sale. Please take the time to read these, as they include important terms which apply to you.
ACCESSING OUR SITES
Our Sites are made available free of charge for your personal use. We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Sites. You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
Our Sites, and their content, functionality and design, are protected in The Netherlands and elsewhere in the world by copyright laws and treaties, trademarks and other intellectual property rights which are either used by us under licence or owned by us. All such rights are reserved.
You may not distribute, reproduce, modify, transmit, reuse, re-post or use our Sites, or the content, functionality or design of our Sites (or any part of each) in any manner whatsoever, except as provided in these terms of use or the text on our Sites or within the terms of any written permission granted by us in advance of such use (and in respect of which we neither warrant nor represent that your proposed use will not infringe any third party rights).
You may print off one copy, and download extracts, of any page(s) from our Sites for your personal use provided that (a) you do not remove or alter any copyright and other proprietary notices contained on the materials and (b) all use is for lawful purposes only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of our Sites in breach of these terms of use, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you download any software from our Sites, the software, including all files, images, contained in or generated by the software and accompanying data (together, the “Software”) are licensed to you by us. The ownership of any such Software shall but remain with us. You may not resell, decompile, reverse engineer, disassemble or otherwise convert the Software to a human perceivable form. Either of us may terminate the licence at any time immediately with or without notice and on such termination, you must destroy all materials including (but not limited to) the Software obtained from the Sites and all copies. If you would like to request permission to use photography or other content from our Sites, please contact contact@ifleat.com.
OWNERSHIP OF TRADE MARKS
The trademarks and logos displayed on our Sites include the registered and unregistered trademarks of us and our licensors. Nothing in these terms of use may be construed as granting any licence or right to use any of those trademarks without the prior written permission of us or our licensors. Any use of the trademarks, except as provided in these terms of use, is strictly prohibited.
VIRUSES
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored, or any server, computer or database connected to our Sites.
You must not attack our Sites via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
EXCLUSIONS OF LIABILITY
The materials contained in or displayed on our Sites are provided “as is” and without warranties or representations of any kind either express or implied. We disclaim all warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the content and information displayed on our Sites is error-free, accurate, complete and up to-date, or that it does not infringe the rights of any third party.
We will not be liable for any damage or injury how-so-ever caused including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission or line failure. We will not be liable for any damage or injury that results from your use of, or inability to use, the materials on our Sites howsoever caused.
We use reasonable efforts to ensure that our Sites are free from bugs, viruses and other malicious content; however, we do not guarantee that our Sites are secure. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.
We and any other party involved in producing or delivering our Sites shall not be liable for any loss or damage caused by a virus, distributed denial-of service attack, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on it, or on any website linked to it.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.
You agree to indemnify and hold us harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via our Sites, or from your use/misuse of our Sites or the use/misuse by any person for whom you are responsible or from your violation of these terms of use.
WHO OWNS THE MATERIAL YOU SEND TO US?
Any communication or material you transmit to our Sites by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like is, and will be treated as, non-confidential and non-proprietary but we shall comply with our Privacy Policy in respect of any personal information we receive from you.
Anything you transmit or post shall become our exclusive property which may be used by us and selected third parties performing services on our behalf at any time and for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to our Sites for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. The views expressed in any user generated content on our Sites are the opinions of those users and do not represent our views, opinions, beliefs or values.
LINKS TO OTHER WEBSITES AND APPS
Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We are not responsible for, or control or endorse, the content of any websites and applications linked to our Sites. We will not be liable for any loss or damage that may arise from your use of them.
CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take note of any changes we make, as they are binding on you.
CHANGES TO OUR SITES
We may update our Sites from time to time, and may change the content at any time. However, please note that any of the content on our Sites may be out of date at any given time, and we are under no obligation to update it.
LAW, JURISDICTION & LANGUAGE
These terms of use and any matter that arises out of your use of our Sites shall be governed by Dutch law. You and we both agree that the courts of The Netherlands shall have exclusive jurisdiction. You are responsible for compliance with applicable local laws relating to your use of our Sites. To the extent that our Sites or any activity contemplated by them would infringe any law of a jurisdiction other than The Netherlands, you are prohibited from accessing our Sites or attempting to carry on any such offending activity and this provision shall override all other provisions of these terms of use.
CONTACT US
You can contact us using our email address contact@ifleat.com. Thank you for visiting our Sites.