Tems & Conditions
1.Terms of Use
Introduction
Please read these Website Terms of Use (“Terms”) carefully. Your access to, and use of, this website (“Site”) is subject to these Terms, which Floodbarrierstore may change at any time without notice. All information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively “Content”), is intended for lawful use by Floodbarrierstore customers, employees and members of the general public who are over the age of 13. The Site is controlled and operated in whole or in part by Floodbarrierstore from its offices within the China. Floodbarrierstore makes no representation that these materials are appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that Floodbarrierstore reserves the right in its sole discretion to refuse or terminate your access to the Site at any time. By using this site, you agree to be bound by these Terms. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, please do not use the site.
I. Definitions
1. The phrase “Floodbarrierstore,” the words “Site”, “Sites”, “website”, “websites”, “us” & “we”, as used in these Terms of Use. Floodbarrierstore is is an online store selling Aluminum Flood Barrier
2. The terms “you” & “yours”, as used in these Terms, pertains to any person that uses www.floodbarrierstore.com:
A. to find and/or gather information;
B. to price compare;
C. to purchase products or services;
D.to use the information contained upon this Site to further their knowledge of Flood Barrier supplies ;
E . for any other purpose not mentioned above.
II. Type of Content
1. The information available on this Site, including, but without limitation, photographs, logos, opinions, directions and security advice (collectively “Content”) is NOT a substitute for any type of professional advice that can be obtained from a Professional.
2. www.floodbarrierstore.com is provided for use by you for purchasing, price comparison, and information gathering. Because manufacturers constantly make changes to their products, we make no warranties as the accuracy of the descriptions of products we have included on our Catalog. We strive to be accurate in our descriptions and consistently monitor changes in product descriptions that are provided to us by manufacturers, distributors and trade publications.
III. Copyrights
1. All Content posted on our Site should be considered copyrighted. You may NOT sell or distribute any Content on our site without the express written consent from us.
2. Any information, including logos, that we have obtained from other sources retains its original owner’s rights and, to the best of our knowledge, was posted with permission from the respective owner(s).
3. Floodbarrierstore has made every attempt to insure that all Content on our Site is posted legally. If you are aware of any infringing materials on our Site, please contact us at [email protected] .
IV. License to Use the Sites
1. Floodbarrierstore grants you a limited, non-transferable license to access and use the Site and Content for your personal or commercial purposes. Floodbarrierstore retains all rights and interest in the Site, including the Content, logos, and opinions.
2. You may not use any portion of the Site if such use would violate any local, state, federal or country laws. You acknowledge your obligation to comply with all applicable laws and regulations, including without limitation China export and re-export control laws and regulations regarding the transmission of technical data exported from the China or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content.
3. You may not use the Site to obtain information of which you know will be used for illegal purposes.
4. You may not use the Site to obtain email addresses or links to other sites for the express purpose of using those email addresses or sites for SPAM or other marketing purposes.
5. You may not post links to any page within the Site – on any website, forum or blog – without the express written permission of Floodbarrierstore.
6. You may not use any Content on the Site to train or inform someone if you know or feel that they may use it for illegal purposes.
7. Floodbarrierstore does not provide Internet access. You are responsible for providing Internet access to our Site. We are not responsible for ISP outages, poor connections, Site server outages or other problems you may encounter accessing our Site.
8. Floodbarrierstore, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, where Floodbarrierstore believes you have violated or acted inconsistently with the letter or spirit of these Terms.
V. Your Agreement with Us
1. Any time you visit our Site you are bound by the Terms that were posted on the date you visited. These Terms may be updated occasionally so please review it when visiting our Site.
VI. Privacy and Security
1. Our Privacy and Security Policy is part of this agreement and its terms are incorporated by this reference. Please read it now by visiting our homepage and following the link for “Privacy and Security Policy.”
VII. Disclaimer
1. All content is provided on an “as is” and “as available” basis, without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Floodbarrierstore or its suppliers be liable for any damages whatsoever (including without limitation, damages for loss of profits, business interruption, loss of information) arising out of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Floodbarrierstore and its suppliers further do not warrant the accuracy or completeness of the Content.
2. Further, Floodbarrierstore does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the site or any other website linked to or from the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of content, or use of this site. No advice or information, whether oral or written, obtained by you from Floodbarrierstore shall be deemed to alter this disclaimer of warranty, or to create any warranty.
VIII. Limitation of Liability
1. Floodbarrierstore will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this site, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages even if Floodbarrierstore has been advised of the possibility of such damages. Notwithstanding the foregoing, the total liability of Floodbarrierstore to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of this site, its content or links, shall not exceed the amount you paid to access this Site.
2. If you decide to access any of the third party sites linked to or from this Site, you do this entirely at your own risk. You must take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Floodbarrierstore makes no representation or warranty as to any third party Content, products or services, and you agree that Floodbarrierstore shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
IX. Indemnity
1. You agree to defend, indemnify and hold harmless Floodbarrierstore, its Sites, its officers, shareholders, employees, agents and suppliers from and against all claims, actions or demands, liabilities and settlements arising in connection with your use of the Site or resulting from your use of the Sites, or your violation of these Terms.
2. Floodbarrierstore is not responsible for harm to persons, businesses or property that results from your use of our Sites or the information contained herein.
X. Submissions
1. Neither Floodbarrierstore nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Floodbarrierstore products or marketing strategies might seem similar to ideas submitted to Floodbarrierstore. If, despite our request, you send us your ideas and materials, please understand that Floodbarrierstoremakes no assurances that your ideas and materials will be treated as confidential or proprietary.
2. Floodbarrierstore does not claim ownership of the materials you provide to us (including feedback and suggestions). However, by providing your Submission you are granting Floodbarrierstore, its affiliated companies and necessary sublicensees a non-exclusive, worldwide, irrevocable, royalty free license to use your Submission in connection with the operation of its businesses including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any Floodbarrierstore supplier.
You warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
XI. Products
1. While we will use our best efforts to fulfill all customer orders, Floodbarrierstore cannot guarantee availability of any particular product displayed on this site. Our goal is a 100% error-free site. We also strive to make our catalogs error free. If price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply to your order. We will notify you if your order includes items that were incorrectly priced. For further information regarding your product purchases, please read our Terms of Sale carefully. The Terms of Sale contains very important information about your rights and obligations as well as limitations and exclusions that may apply to you.
XII. General Information
1. These Terms of Use and other Floodbarrierstore documents cited herein constitute the entire agreement between you and Floodbarrierstore and govern your use of the Site, superseding any prior agreements between you and Floodbarrierstore relating to your use of this Site. You will be subject to additional terms and conditions when you purchase products. If any provision of these website Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state, federal, or other country’s court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of Floodbarrierstore to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
2. By accessing the Site you agree that the statutes and laws of the China apply without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of, and venue in, the China. You agree that you are submitting yourself to the personal jurisdiction of courts located in Pennsylvania for the purpose of resolving any disputes or claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
XIII. Execution of Agreement
1. Your continued use of www.floodbarrierstore.com constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by a necessary and appropriate corporate or other action to execute this contract on behalf of the user.
2.Terms of Sale
These terms of sale govern your purchase of any product offered by Floodbarrierstore. Please read these terms of sale carefully. They contain very important information about your rights and obligations as well as limitations and exclusions that may apply to you.
By placing an order with Floodbarrierstore, you acknowledge that you have read, accepted and have agreed to be bound by these terms of sale, without limitation or qualifications. These terms of sale are subject to modification without prior written notice and at any time inre the sole discretion of Floodbarrierstore.
1. Definitions.
All references in this document to “Seller” shall include Floodbarrierstore, www.floodbarrierstore.com, and / or any parent, subsidiary or affiliate of Floodbarrierstore (including any division of the foregoing) whether or not performing any or all of the scope hereunder or specifically identified herein. All references to “Buyer” shall include all parent(s), subsidiaries and affiliates of the entity placing the order. Buyer and Seller may be referred to individually as a “Party” and collectively as “Parties”.
2. Binding Terms.
All sales to Buyer are subject to these Terms, which shall prevail over any inconsistent terms of Buyer’s purchase order or other documents. Additional or different terms and conditions in any way altering or modifying these Terms are expressly objected to and shall not be binding upon Seller unless specifically accepted in writing by Seller’s authorized representative. No modification or alteration of these Terms shall result by Seller’s shipment of goods following receipt of Buyer’s purchase order, or other documents containing additional, conflicting or inconsistent terms. There are no terms, conditions, understandings, or agreements other than those stated herein, and all prior proposals and negotiations are merged herein. These Terms are binding on the Parties, their successors, and permitted assigns.
3. Pricing.
Prices on Seller website, catalogs or in Seller quotes are subject to change without notice, unless otherwise noted by Seller in writing. Price extensions if made are for Buyer’s convenience only, and they, as well as any mathematical, stenographic or clerical errors, are not binding on Seller. Prices shown include any sales, excise, or other governmental tax or charge payable by Seller to any federal, state or local authority. All prices and other terms provided to Buyer shall be kept confidential except to the extent a Party is required by law to disclose the same.
4. Force Majeure.
Seller shall not be liable for delay or default in delivery resulting from any cause beyond Seller’s reasonable control, including, but not limited to, governmental action, strikes or other labor troubles, fire, damage or destruction of goods, wars (declared or undeclared), acts of terrorism, manufacturers’ shortages, availability or timeliness of transportation, materials, fuels, or supplies, and acts of God (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event: (a) the time for Seller’s performance shall be extended reasonably and the Parties shall adjust all affected dates accordingly; (b) the purchase price shall be adjusted for any increased costs to Seller resulting from such Force Majeure Event; and (c) Buyer shall not be entitled to any other remedy.
5. Limited Warranty.
Seller is a reseller of goods only, and as such does not provide any warranty for the goods it supplies hereunder. Notwithstanding this As-Is limitation, Seller shall pass through to Buyer any transferable manufacturer’s standard warranties with respect to goods purchased hereunder. Buyer and persons claiming through buyer shall seek recourse exclusively from manufacturers in connection with any defects in or failures of goods, and this shall be the exclusive recourse of buyer and persons claiming through buyer for defective goods, whether the claim of buyer or the person claiming through buyer shall sound in contract, tort, strict liability, pursuant to statute, or for negligence. Buyer shall pass these terms to subsequent buyers and users of goods. Seller excludes and disclaims all other express and implied warranties, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose. Seller assumes no responsibility whatsoever for seller’s interpretation of plans or specifications provided by buyer, and buyer’s acceptance and use of goods supplied hereunder shall be premised on final approval by buyer or by buyer’s reliance on architects, engineers, or other third parties rather than on seller’s interpretation. To the extent not prohibited by applicable law, in no event, whether in contract, warranty, indemnity, tort (including, but not limited to, negligence), strict liability or otherwise, arising directly or indirectly out of the performance or breach of these terms, shall seller be liable for (a) any incidental, indirect, punitive, special, consequential or similar damages such as loss of use, lost profits, attorneys’ fees or delay damages, even if such damages were foreseeable or caused by seller’s breach of this agreement, (b) any claim that properly is a claim against the manufacturer, or (c) any amount exceeding the amount paid to seller for goods furnished to buyer which are the subject of such claim(s). All claims must be brought within one year of accrual of a cause of action.
6. Product Suitability.
Many countries, states, and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Shenzhen Floodbarrierstore attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.
7. Indemnity.
Buyer shall indemnify, defend, and hold Seller its officers, directors, employees and agents harmless from any and all costs (including attorneys’ and accountants’ fees and expenses), liabilities and damages resulting from or related to any third party (including Buyer’s employees) claim, complaint and/or judgment arising from Buyer’s use of any goods furnished hereunder, as well as any negligent, intentional, or tortious act or omission of Buyer or any material breach by Buyer of these Terms. In addition, Buyer shall pay Seller all costs and expenses of collection, suit, or other legal action brought as a result of the commercial relationship between them, including, but not limited to, all actual attorneys’ and paralegals’ fees, and collection costs, incurred pre-suit, through trial, on appeal, and in any administrative or bankruptcy proceedings. Any cause of action that Seller has against Buyer may be assigned without Buyer’s consent to Floodbarrierstore or to any affiliate, parent or subsidiary of Floodbarrierstore.
8. Freight Policy.
We use sea freight without the customer’s request
9. Damaged or Lost Merchandise.
Extreme care should be exercised by anyone receiving merchandise from a common carrier. The transportation industry is in the process of deregulation and is taking a very firm stand on freight claims. We have listed several items which you should be aware of concerning the transfer of goods.
a. When we ship the good, we receive a signed bill of lading acknowledging that that transportation company received the shipment in good condition. OUR RESPONSIBILITY FOR THE SHIPMENT CEASES AT THAT POINT.
b. You should thoroughly inspect the shipment as soon as it is received for visible damage to the shipping container.
c. If any of the goods on the freight bill are short or damaged – DO NOT SIGN THE FREIGHT BILL UNTIL THE FREIGHT AGENT (DRIVER) MAKES A NOTATION ON YOUR COPY OF THE FREIGHT BILL.
d. If any concealed damage is discovered, notify your freight agent at once and request them to make an inspection. YOU MAY DO THIS BY PHONE, BUT IT MUST BE CONFIRMED IN WRITING AND IT MUST BE DONE WITHIN 15 DAYS OF DELIVERY. You must also retain the damaged shipping container for the inspector.
e. We are willing to assist you in collecting claims for loss or damage, but this willingness on our part does not make us responsible for the collection of claims or replacement of this material.
WE WILL NOT BE ABLE TO HELP YOU WHEN YOU GIVE ANY CARRIER OR TRANSFER AGENT A CLEAR RECEIPT.
10. Payment Terms.
Government and institutional buyers by signed purchase order or credit card. All others credit card or Paypal, unless we have approved a credit application. Notwithstanding the foregoing, all orders are subject to Seller’s continuing approval of Buyer’s credit. If Buyer’s credit is not approved or becomes unsatisfactory to Seller then Seller, in its sole discretion, may suspend or cancel performance, or require different payment terms, including but not limited to cash on delivery or in advance of shipment. In addition, Seller may in its discretion require an advance deposit of up to 100% of Seller’s selling price for any specially manufactured goods ordered by Buyer hereunder. Payments due hereunder shall be made in the form of cash, check, or money order, or other tender approved in writing by Seller. Seller may, in its sole discretion, apply Buyer’s payment against any open charges. Past due accounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, continuing after Seller obtains judgment against Buyer. Seller may exercise setoff or recoupment to apply to or satisfy Buyer’s outstanding debt. Buyer shall have no right of setoff hereunder, the same being expressly waived hereby. Buyer will also be responsible for any collection expenses and legal fees.
11. Applicable Law.
This Agreement, Buyer’s account, and the business relationship between Buyer and Seller shall be governed by and construed in accordance with the laws of China without regard to conflicts of laws rules, and specifically excluding the UN Convention on Contracts for the International Sale of Goods. The Parties agree that any legal action arising under or related to this Agreement shall be brought in Philadelphia County, Pennsylvania, and any right to object to such venue or to assert the inconvenience of such forum is hereby waived.
12. Termination.
If Buyer fails to comply with these Terms and Conditions of Sale, Seller may terminate or restrict any order immediately upon notice to Buyer. Buyer certifies that it is solvent and that it will advise Seller immediately if it becomes insolvent. Buyer agrees to send Seller written notice of any changes in the form of ownership of Buyer’s business within 5 days of such changes. Buyer and Seller are the only intended beneficiaries of this document, and there are no third party beneficiaries.
13. Electronic Data Interchange.
If Floodbarrierstore and customer have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, customer agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Floodbarrierstore and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. The business records maintained by Floodbarrierstore regarding EDI purchases made by customer shall be controlling.
14. Severability.
The invalidity or unenforceability of all or part of these Terms and Conditions of Sale will not affect the validity or enforceability of the other terms. The parties agree to replace any void or unenforceable term with a new term that achieves substantially the same practical and economic effect and is valid and enforceable.
15. Assignment.
Customer shall not assign any order or any interest therein without the prior written consent of Floodbarrierstore Any actual or attempted assignment without Floodbarrierstore’s prior written consent shall entitle Floodbarrierstore to cancel such order upon notice to customer.
16. No Third Party Benefit.
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.
17. Warranty Disclaimer.
Although Floodbarrierstore has used reasonable efforts to accurately illustrate and describe the products in its catalogs, literature, and websites, such illustrations and descriptions are for the sole purpose of product identification and do not express or imply a warranty affirmation of fact, of any kind or a warranty or affirmation of fact that the products will conform to their respective illustrations or descriptions. Floodbarrierstore expressly disclaims any warranty or affirmation of fact, express or implied, other than as set forth in the warranty statement above, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. In addition, Floodbarrierstore expressly disclaims any liability related to product misuse, improper product selection, product recommendation, or product misapplication.
18. Limitation of Liability.
Any liability for consequential, incidental, special, exemplary or punitive damages is expressly disclaimed. Floodbarrierstore’s liability in all events shall not exceed the purchase price paid for the product sold that gives rise to such liability. Floodbarrierstore’s payment of such amount shall be the final and exclusive remedy in the exhaustion or unavailability of any other remedy specified herein and shall not be construed or alleged by customer to have failed of its essential purpose.
19. Security Interest.
On any open account sale, Customer hereby grants to Floodbarrierstore a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Floodbarrierstore. Customer agrees to file or permit Floodbarrierstore to file any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Floodbarrierstore’s priority lien or security interest. Customer agrees to inform Floodbarrierstore immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.
20. Trademarks, Copyrights, and Domain Names.
Customer acknowledges that it has no right, title, or interest in the trade names, trademarks, copyrights, or domain names of Floodbarrierstore, and in the product names, and covenants that it will take no action to register or otherwise interfere with such rights of Floodbarrierstore. Customer agrees that it will not copy the products sold to Customer or their packaging, trade dress, catalogs, or websites.
21. Export.
Buyer shall not export or re-export, directly or indirectly, all or any part of the goods or related technology obtained from Seller under these Terms except in accordance with applicable export laws and regulations of the China. Further, a Buyer that is a non China. company or citizen shall similarly limit any export or re-export activity to that which would be deemed compliant with China export laws and regulations if performed by a China company or citizen.
22. Foreign Principal Party in Interest; Freight Forwarder and Documentation.
It is specifically agreed that Customer shall be the foreign principal party in interest and/or that its freight forwarder shall act as Customer’s agent in such capacity for Export Administration Act or other applicable purposes; and Customer and freight forwarder shall assume responsibility for all export or routed transactions documentation. At Floodbarrierstore’s request, Customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Customer or its freight forwarder related to sales to them by Floodbarrierstore.
23. Country of Importation and Anti-diversion.
Customer represents that it is purchasing products from the China and importing them to the country specified in Customer’s and Floodbarrierstore’s documentation. Customer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the China, and that there will be no re-export or diversion from such specified destination contrary to such laws. Any commodities, technology and software will be exported from the China in accordance with the Export Administration Act regulations and other applicable regulations. Diversion contrary to China law is prohibited. If requested by Floodbarrierstore, Customer shall provide documentation satisfactory to Floodbarrierstore verifying delivery at the designated country. Customer further agrees to inform Floodbarrierstoreat the time of order of any NAFTA or other special documentation, packaging or product marking or labeling, but Floodbarrierstore shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents as are necessary under China export laws and regulations for export, unless Floodbarrierstore expressly agrees to do so.
24. Permits, Export, and Import Licenses.
Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Act, Toxic Substances Control Act, or other applicable legislation or regulations; including but not limited to the Department of Defense or Department of State regulations.
25. Independent Contractors.
Floodbarrierstore and Customer are Independent Contractors and not principal and agent. Nothing construed or contained in these Terms and Conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Without limiting the generality of the foregoing, Customer is not authorized to make, shall take no actions, and shall not make, any representations on behalf of, or which are binding upon, Floodbarrierstore.
26. Dispute Resolution.
Actions by Floodbarrierstore for nonpayment by Customer of the purchase price of products sold by Floodbarrierstore, or for redress of other breaches by Customer of these Terms and Conditions, may be brought by Floodbarrierstore, at its option, before any China or foreign judicial court of competent jurisdiction. At Floodbarrierstore’s option, disputes between Customer and Floodbarrierstore, including all claims for non-performance by Floodbarrierstore shall be finally settled by binding arbitration in China, in accordance with the Commercial Arbitration Rules of the China, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of China laws (except conflict of law rules) of the China, and the language of the arbitration shall be English.
27. Complete Agreement.
These terms and conditions, together with any other terms and conditions that Floodbarrierstore publishes or makes available to Customer (i) on an invoice or a packing slip, (ii) at www.floodbarrierstore.com or (iii) in any document including, without limitation, those involving extension of credit by Floodbarrierstore, or export of products, represent the entire agreement between the parties and shall supersede all written and unwritten statements, agreements, and understandings between Floodbarrierstore and Customer pertaining to the subject matter of this agreement.
28.Accuracy of Billing and Account Information.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.