Terms and conditions

Welcome to FLYING FOX! We hope you enjoy using our services. This is your user agreement. These terms and conditions explain FLYING FOX’s obligations to you and your obligations to FLYING FOX. You acknowledge and agree that you have read and will comply with all of these terms and conditions.

Buying service.

You may use our Buying Service for a nominal fee. Buying Service places the order for you in your name as the ‘Buyer,’ according to the instructions you provide, and pays for the purchase on your behalf. The following conditions apply to all Buying orders:

• The instructions you give us in the Buying Order Form must specify the exact product description (including price, quantity, colour, size, merchant’s reference code, etc.) and any discount codes you believe may apply.
• A Buying Service order cannot be changed or cancelled once it has been placed.
• We will not place (or we will cancel) a Buying Service order if you do not supply sufficient information; or if it includes any Prohibited Item; or any item in the order is out-of-stock; or the total price (including any applicable local tax and domestic shipping charges) is higher than the amount you have authorized.
• Your purchase of a product through our Buying Service is a transaction solely between you and the merchant, even though we assist you by placing your order and making payment on your behalf. We make no representations, warranties or guarantees regarding the quality or suitability of the products you order through the Buying Service. We are not responsible if the merchant fails to fulfill the order, ships the wrong product, does not apply any discount code you specified, or any other failure of the product to meet your expectations and you will hold FLYING FOX harmless from any liability. You will need to contact the merchant directly regarding such discrepancies.

General

Modification of FLYING FOX Services.

We may modify or terminate our services at any time upon reasonable notice, either temporarily or permanently, without incurring any liability to you except for completing the processing of products ordered prior to the date of termination

Termination.

You may terminate this agreement and your use of your FLYING FOX account at any time. As noted elsewhere in these terms and conditions, we may suspend or terminate your account if you fail to comply with these terms and conditions, and in the event of such suspension or termination we will incur no liability to you.

Circumstances Beyond Our Control.

FLYING FOX is not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to: natural disasters or acts of God, for example fire, earthquake, hurricane, tornado, storm, flood, fog; plane crash or embargo; war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect or characteristic related to the nature of a shipment, even if known to FLYING FOX; and damage to, or erasure of, electronic or photographic images, data or recordings due to electrical or magnetic interference.

Indemnification.

You agree to indemnify, defend and hold FLYING FOX and its shareholders, officers, directors, affiliated companies, employees and agents harmless from all claims, losses, damages, liabilities and costs (including reasonable attorneys fees) incurred by FLYING FOX which result from your use of FLYING FOX services, including but not limited to your negligent act or omission, any misrepresentations you make in connection with obtainingFLYING FOX services, any mis-declaration of contents or value or packages for export purposes, and/or your failure to comply with these terms and conditions.

Entire Agreement.

These terms and conditions (or as they may be modified from time to time) constitute the entire agreement between us for the use of FLYING FOX services. Any other written or oral statements are superseded and of no effect.

Partial Invalidity.

If any provision of this agreement is judged by a court or body having jurisdiction as illegal, invalid or unenforceable, such provision will be deemed deleted without affecting any other provision.

Waiver.

If either you or FLYING FOX fail to enforce any provision of this agreement, or fail to exercise any right at any time, such failure will not be deemed a waiver thereof.

Headings.

Section headings are for convenient reference and do not form part of this agreement.

Governing Law.

This agreement is governed by the laws of Japan, without regard to conflict of law principles.