GENERAL INFORMATION

Welcome to FishFlop! The terms “we”, “us”, and “our” refer to FishFlop. FishFlop operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the “Services”). FishFlop is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranties, disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as displayed or represented in our online stores.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. FishFlop reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until FishFlop confirms its acceptance.

We must receive and process your payment before accepting your order. You should carefully review your orders before making a purchase, as FishFlop may not be able to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you using the email address, billing address, or phone number provided at the time the order was placed.

You may return or exchange your purchase only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchase is for personal or household use only and not for resale or commercial export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation sent to you by email.

Unless expressly stated otherwise, published prices do not include taxes, shipping fees, handling charges, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and be governed by terms and conditions different from these Terms. In the event of any conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay all charges incurred at the published prices, including shipping and handling charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for any delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We shall not be liable for delays caused by shipping carriers, customs clearance procedures, or events beyond our control.

Once we transfer products to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, text, samples, images, graphics, product reviews, videos, audio content, and the design, selection, and arrangement thereof, are the property of FishFlop, its affiliates, or licensors and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of FishFlop, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by FishFlop.

The names, logos, product names, service names, designs, and slogans of FishFlop are trademarks of FishFlop or its affiliates or licensors. You may not use such trademarks without the prior written permission of FishFlop.

The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control and to which we provide no input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.

If you decide to leave the Services and access third-party materials or websites, you do so entirely at your own risk.

We shall not be liable for any damage or loss related to your access to any third-party website or your purchase or use of any product, service, resource, or content available through any third-party website.

Please review carefully the third party’s policies and practices and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes Shopify's relationship with your store and must not be removed or modified.]

FishFlop operates using Shopify’s technology, which enables us to provide the Services to you. However, any sale or purchase made through our store is conducted directly with FishFlop.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and FishFlop, including any injury, damage, or loss resulting from the purchase of products or services.

You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transaction with FishFlop.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here.

By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve our Services.

Information submitted through the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, for the purpose of providing services to you.

Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 – COMMENTS

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media for any purpose, including commercial use.

For example, we may use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that:
(i) you own or otherwise control all rights to the Comments;
(ii) you have disclosed any compensation or incentives received in connection with submitting your Comments; and
(iii) your Comments comply with these Terms.

We are and shall be under no obligation:
(1) to maintain any Comments in confidence;
(2) to pay compensation for any Comments; or
(3) to respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property rights or these Terms of Service.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments.

You are solely responsible for any Comments you make and their accuracy. We assume no liability and accept no responsibility for any Comments posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, provincial, state, or local law, regulation, rule, or ordinance;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person;

(e) to submit false or misleading information;

(f) to upload, download, use, reuse, send, or knowingly receive any material that does not comply with these Terms;

(g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or any similar solicitation;

(h) to impersonate or attempt to impersonate any person or entity; or

(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm FishFlop, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to:

(a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) engage in spam, phishing, pharming, pretexting, or similar activities;

(e) use any robot, spider, scraper, data mining tool, automated device or process, artificial intelligence tools (including agentic AI), or any automated or manual means to access the Services; or

(f) interfere with, circumvent, or bypass security features, authorization mechanisms, robots exclusion headers, or other measures used to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 Agent Terms

This section (“Agent Terms”) applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Service.

“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or under the instruction of any person or entity and that may operate on behalf of or through a person’s device without direct supervision.

14.2 Agent Access Requirements

No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set forth in Section 14.4 below.

Additionally, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 Limitations on Agents

We may limit, including through technical measures, any Agent’s access to, use of, or interaction with the Services and the manner in which such access, use, or interaction occurs.

14.4 Agent Obligations

Agents must:

(i) identify that requests originate from an Agent in every HTTP/HTTPS request and disclose the Agent’s name by including the following in the User-Agent string:

"Agent/[agent-name]"

(ii) not conceal or misrepresent that any access, use, or interaction originates from an Agent, including by:

(a) imitating human behavior or interaction patterns; or

(b) completing or bypassing CAPTCHAs or other measures intended to distinguish human users from automated systems;

(iii) respond truthfully to any inquiry or instruction intended to determine whether interactions originate from a human or a computer; and

(iv) not circumvent, bypass, or otherwise avoid any measures intended to block, limit, modify, or control whether Agents access, use, or interact with the Services and how they do so.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive any termination:

Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.