Hydrafinance


Terms & Conditions


IMPORTANT LEGAL NOTICE


These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.flashbackrecovery.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions together with our Privacy Policy and Terms of Use, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Policy or our Terms of Use, do not use our site and place orders.

These terms contain a binding arbitration clause and a class action waiver that impact your rights about how to resolve disputes. If you live in the United States, please read this carefully. Do not use the services on this website, including purchasing any items, until and unless you have read these Terms & Conditions and have agreed to them.


1. YOUR STATUS


By placing an order through our site, you warrant that:

You may only purchase Products from us if:

  • you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);
  • you are an authorised user of the credit or debit card or payment account (ie Paypal) used to pay for your order; and,
  • are resident in a country that we deliver to.


2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US


Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail).

Prices of all Products must be paid in advance. For this reason, your order will be executed if it is pre-paid. After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. When the payment is received in full amount, we will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch (“Dispatch Confirmation”) at which point the contract between us ("Contract") will be formed. These Terms & Conditions, your order and the Dispatch Confirmation constitute integral and essential parts of the Contract.

You have the right to cancel your order at any time prior to the delivery and within the limited return period after the delivery as specified in these terms. If you cancel the order before the delivery, you must compensate our expenses incurred by us in connection with our activities at performance of your order. For technical reasons it may be too late to recall a delivery after you cancel the Order. If this is the case, we will give you notice. You should then receive the delivery and send it back to us at our expense. Please do not open the delivery pack.

We offer you to buy a Product at any time unless the information about this Product is removed from our site or the relevant Product page becomes unavailable.

From time to time we may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements. If these changes touch upon the product description or other mandatory information to be provided to you under the applicable laws, we will update our site immediately. If it appears necessary to make such changes to an ordered Product, we will inform you prior to the delivery and you will have the right to cancel the order and receive the refund without any deductions.

These terms and conditions, and any Contract between us, are in English. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.

The Dispatch Confirmation is a confidential document. You must not disclose it to anyone except for the case specified in clause 3.3 of these terms and other cases that may be prescribed by any applicable laws. If you disclose the Dispatch Confirmation to anyone without a valid reason, you must be solely responsible for any possible fraudulent or hacking actions committed with the Dispatch Confirmation.


3. DELIVERY


Please be aware that we may use third party delivery services.

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible. In any event, delivery will take place no more than 30 days after the day your Contract is entered into.

You should choose the delivery address and specify it in your order. You should receive the ordered Products personally. If you are unable to do so, the Products may be delivered to another person at your address (usually, one of your family members). The Products will be given to them against the Dispatch Confirmation unless the postal rules or other applicable delivery rules state otherwise. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the Contract and clause 13 will apply.

Delivery of your order will be completed when We deliver the Products as described in clause 3.3 They will be your responsibility from that time.

You will own the Products once We have received payment in full.

The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colors of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colors of the Products that will be delivered to you.


4. INTERNATIONAL DELIVERY


Save for the above, if you order Products from us for delivery to a destination outside the US:

Your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. We’ll cover duty costs on all orders. Additional taxes may apply according to local legislation.

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and

If you return any Products to us from a destination outside the US, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.


5. YOUR RIGHT TO CANCEL THE CONTRACT (US CUSTOMERS ONLY)


If you are a consumer in the United States, you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.

If you wish to cancel a Contract under, you just need to communicate this to us within 14 days after you receive the Products. The easiest way to do this is to contact us by email at support@flashbackrecovery.com.

The right to cancel a Contract does not apply to cosmetics, pierced jewellery, underwear or swimwear if the hygiene seal is not in place or has been broken.

If you cancel a Contract after the Products have been dispatched to you, you must return them to us. You must send off the Products within 14 days of telling us that you wish to cancel the Contract. We will pay the costs of your returns if you use our free returns service in accordance with the Returns Policy, but if you do not use this service in accordance with our instructions then you will be responsible for the cost of returning Products to us. Please see our Returns Policy for further information about how to return Products to us.


6. RETURNS (EEA CUSTOMERS ONLY)


You have 14 days to return your items starting from the day you receive your order. This returns period starts from the date you receive your order. For further information on returns please see our Returns Policy.


7. YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)


If you are a consumer in the United States of America and you cancel your Contract, We will:

refund you the price you paid for the Products. However, please note that We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and

make any refunds due to you by the method you used for payment:

14 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or

14 days after you inform us of your decision to cancel the Contract

Please see our Returns Policy for more information about returns and refunds.


8. FAULTY PRODUCTS


If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.

If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details in Contact Us page.

If you discover that your Product is faulty after 14 days we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.


9. OUR RIGHTS TO CANCEL THE CONTRACT


If you do not make any payment in full to us when it is due;, we consider this Contract as terminated at your initiative.

We may end the Contract by writing to you if you do not, within a reasonable time, allow us to deliver the Products to you.

If We end the Contract, We will refund any money you have paid in advance for the Products. We have not provided but We may deduct or charge you reasonable compensation for the costs losses We will incur as a result of your breaking the Contract.


10. OUR LIABILITY


If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer.

We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.


11. 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 an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident that are of emergency nature, unavoidable, and beyond our reasonable control.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract, please contact us at support@flashbackrecovery.com.


12. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER


If you're a u.s. Resident, you and we also agree to the following mandatory arbitration provisions: We both agree to give up any rights to litigate claims or disputes in court or before a jury, except for disputes or claims arising out of or relating to your infringements or other violations of our intellectual property rights or any claims for indemnifcation brought or alleged by us against you pursuant to clause 13 of these terms and conditions of sale and clause 6 of the website terms of use we also both give up the right to bring or participate in a class action or representative action with respect to any claim or dispute. Additionally, other rights you may have if you went to court also may be unavailable or limited in arbitration. For clarity, this clause 12 regarding binding arbitration and related rights and restrictions, including giving up rights to bring or participate in any class action claims, is applicable to all claims and disputes between you and us, except for any claims or disputes between you and us that arise out of or relate to your infringements or violations of our intellectual property rights or your obligations to indemnify us pursuant to these terms and conditions for sale or pursuant to the website terms of use.

By expressly agreeing to these terms and by using any services of our site, you agree that, except for any claims or disputes that arise out of or relate to your infringements or violations of our intellectual property rights or your obligation to indemnify us, any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any disputes relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, or any part of it, or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer’s initial arbitration fees. But, unless any of the claims brought affords the prevailing party an award of attorneys’ fees, and the arbitrator makes a determination to award reasonable fees to the prevailing party under the fee-shifting provided by applicable law, each party will bear its/his/her own attorneys’ fees.

You agree to an arbitration on an individual basis. In other words, in any dispute or resolution of claim, neither you nor us will be entitled to join or consolidate claims by or against other parties or customers in court or in arbitration, otherwise participate in any claim brought as a class action or class arbitration, or participate in any claim as a class representative, class member, or in a private attorney general capacity. You and We agree that the arbitrator or arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator or arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may be raised only in a court of competent jurisdiction.

If any provision of this arbitration agreement set forth in this Section 12 is found to be unenforceable or otherwise void or invalid, the unenforceable, void, or invalid provision will be severed from this Section, and the remaining arbitration terms will be enforced.


13. INDEMNITY


You agree to indemnify, defend and hold harmless Security Core, Llc, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) against flashbackrecovery.com arising from, without limitation, (i) your breach of these terms and conditions for online sales, (ii) your infringement of any of our intellectual property rights; (iii) your infringement of any other right of any person or entity, including, but not limited to, defamation of such person or entity, or violations of such person’s or entity’s intellectual property or privacy rights, (iv) your breach of any duty of confidence or privacy owed to flashbackrecovery.com, or (v) any false statements or claims made by you in any form about flashbackrecovery.com or about its products or services. Note that the arbitration provisions of clause 12 do not apply to any indemnification claims or actions brought against you by us pursuant to this section.


14. INTELLECTUAL PROPERTY RIGHTS


All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.


15. OTHER IMPORTANT TERMS


Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.

If We have to contact you, We will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.

We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.

By placing an order, you agree that We may transfer our rights and obligations under the Contract to another organization and you give us a permission to do so. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.

You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

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.

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 if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

Please note that these terms and conditions are governed by American law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by American law, except that if you are not resident in the United States then American law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.

In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of the United States, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of the United States.


16. AFTER-SALES SERVICE


Questions, comments or requests regarding these terms and conditions or our Products should be addressed to support@flashbackrecovery.com.

If you are not satisfied with how We have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to Arbitration Resolution Services (ARS).


17. PROMOTION TERMS AND CONDITIONS


Security Core, Llc promotion codes entitle you to an offer on your online order from www.flashbackrecovery.com. To utilize your promotion code, click the "redeem a promotion code" button on the order summary page and enter the specific code. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of flashbackrecovery.com and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on flashbackrecovery.com for payments made by residents of the United States where enabled US dollars.

 




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