Terms of sale
Last updated: March 5, 2023
PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A PURCHASE. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSTORE YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS AND AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSTORE IF YOU (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH WEBFLOW IN YOUR COUNTRY; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSTORE OR ANY OF THIS WEBSTORE'S CONTENTS OR GOODS BY APPLICABLE LAW.
1. What is the TL;DR of these Terms?
These Webflow Merch Store Terms of Sale (the "Terms") set forth the agreement between you and us for Products we via our online store located at https://shop.webflow.com/ (the "Webstore").
2. Some Quick Definitions:
- "Product(s)" means various items of merchandise exclusively under the Webflow brand sold on the Webstore;
- "we," "us," "our," or “Webflow” means Webflow Inc., a company registered in Delaware, United States of America with its principal place of business located at 398 11th Street, San Francisco, CA 94103. We are the owner and operator of the Webstore and the seller of the Products on the Webstore; and
- "you" or "your" means the person using our Webstore to buy Products from us.
3. Accepting these Terms
By purchasing one or more Products from us via the Webstore, you confirm that you: (a) accept these Terms; (b) agree to comply with these Terms; and (c) that you are legally bound by these Terms.
We may make changes to these Terms at any time without prior notice. We will update the last updated date when we make any changes to these Terms.
The Terms which apply to your order will be the version of these Terms published on the Webstore at the time you submitted your order. These Terms are published in English only.
4. Your Privacy
Your privacy and personal information are important to us. Any personal information that you provide to us will be processed in accordance with our Global Privacy Policy or EU & Swiss Privacy Policy, as applicable.
5. Our Products
Descriptions of our Products are set out in the Webstore. Please read the descriptions carefully. Pictures and images of the Products are for illustration purposes only. Your Products may vary slightly from those pictures or images.
We cannot guarantee that the colors displayed on your device will match exactly the appearance of your Products. The colors of the Products displayed on the Webstore may vary depending on what device you are using and your settings. All weights, sizes and measurements set out on our Webstore are as accurate as possible.
You must use our Products only for domestic and personal use. You must not use our Products for a commercial, business or resale purpose. You represent and warrant that you are buying products or services from the Webstore for your own personal or household use only, and not for resale or export.
6. Order Acceptance and Cancellation
You agree that by submitting your order, you are offering to buy the relevant Product(s) selected, subject to these Terms. We may choose to accept or decline orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. You understand that Webflow is not obligated to sell any Product(s) to you until we accept and process your order in full or in part. We will contact you by email and inform you if we do not accept all or part of your order.
All orders are subject to availability. We cannot guarantee that any Product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain Products.
7. Prices and Payment Terms
- All prices, discounts, and promotions posted on this Webstore are subject to change without notice. All Product prices are clearly indicated on the Webstore and are stated in United States Dollars (USD$). The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- From time to time, we may offer promotions on the Webstore that may affect pricing. Any such promotions will be governed by terms and conditions that are either separate from these Terms or that modify these terms in whole or in part. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern but only to the extent of any such conflict.
- Terms of payment are within our sole discretion. Payment must be received by us before we accept an order. You represent and warrant that: (i) the payment information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by the credit card company, financial institution, or other payment method provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted in the Webstore at the time of your order.
- To the extent that we are required by law to charge and collect taxes on products that we sell, such taxes are charged based on the tax laws applicable to the location to which the order is being shipped or delivered. At checkout, all appropriate taxes will be added to the order total. The tax amount displayed during checkout is an estimate of the tax applicable to your order. This amount may vary slightly from the actual amount of tax payable in connection with your order due to different tax rates which apply as a result of the origin and destination of the item(s) being purchased, as well as other factors.
8. Shipments; Delivery; Title and Risk of Loss
- We will arrange for shipment of the Products to you. Shipping expenses are displayed at the time of the order. The cost for each shipment may vary, depending on the shipping and payment methods, as well as on the final destination and total order amount. During the ordering process, you can choose between specific delivery options. You agree to pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
9. Retruns and Refunds
In certain jurisdictions, you may have the legal right to change your mind about your purchase without giving any reason and receive a refund of what you paid for it, including the delivery costs. This is subject to the following conditions: (i) your order must have been shipped to a jurisdiction which provides for such a right; and (ii) you must let us know no later than fourteen (14) days after the day we deliver your Products (which is the day on which you or your agent, who is not the courier, has taken physical possession of the last item in the order). If the Products are split into several deliveries over different days, the period begins on the day after the last delivery. You can send your communication exercising your right to cancel at any time before the fourteen (14) day cancellation period has expired.
To exercise your right to cancel or request a refund, you must inform us of your decision by a clear statement (e.g. an e-mail to [email protected]). If you cancel your order in accordance with the provisions of this section, we will provide you a refund of all payments received including the cost of delivery, without undue delay and in any event no later than fourteen (14) days after our receipt of your valid refund request. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless otherwise agreed in written correspondence between us and you. We do not charge a fee for the refund.
For purposes of clarity, we only provide the cancellation and refund rights above. We cannot facilitate edits to an order once placed.
10. Manufacturer's Warranty and Disclaimers
Webflow does not manufacture or control any of the Products offered on the Webstore. The availability of Products through the Webstore does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on the Webstore. However, the products offered on the Webstore are covered by the manufacturer's warranty as may be included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS OFFERED ON THIS WEBSTORE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
11. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSTORE.
The limitation of liability set forth above shall only apply to the extent permitted by law and not apply to liability resulting from our gross negligence or willful misconduct.
12. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Governing Law and Jurisdiction
The Webstore is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
Any controversy arising from or relating to the interpretation, execution, validity or efficacy of these Terms and of any other contract entered into with you regarding the Webstore will be submitted to the exclusive jurisdiction of the federal and state courts located in San Francisco, California.
14. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Webflow.
16. Notices
Any notice under these Terms must be given in writing. The parties agree to receive all communications, agreements, and notices under these Terms (“Communications”) electronically, including by e-mail or by posting on the Webstore. The parties agree that notices delivered electronically satisfy any legal requirement that such Communications be in writing. You further agree that we are not responsible for your failure to receive notices if you fail to provide accurate and up to date contact information. Communications will be deemed given on the day sent.
17. Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement
These Terms and the relevant order confirmation, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.