Last Amended: November 7, 2024
Welcome to Flamingo Flooring! By accessing and using our website, you agree to comply with and be bound by the following Terms and Conditions (“Terms”). These Terms govern your use of the website and services provided by Flamingo Flooring, including the purchase of flooring products, installation services, and other related offerings. Please read these Terms carefully before using our website or purchasing our products and services.
1. Acceptance of Terms
By accessing, browsing, or using this website, or by purchasing products or services from us, you acknowledge that you have read, understood, and agreed to comply with these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you are not authorized to use our website or purchase our products and services.
2. Modifications to Terms
Flamingo Flooring reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on this website. Your continued use of the website or purchase of products and services after the posting of such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates.
3. Eligibility
By using this website or purchasing our products and services, you represent and warrant that you are at least 18 years of age and legally capable of entering into binding contracts. If you are using this website on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
4. Products and Services
4.1 Product Descriptions
Flamingo Flooring strives to provide accurate descriptions of our products and services on the website. However, we do not warrant that the descriptions or other content on the website are complete, accurate, reliable, or current. In the event of any discrepancy between the product descriptions and the actual product, the actual product shall govern.
4.2 Pricing
All prices for products and services are subject to change without notice. Prices displayed on the website, if any, do not include applicable taxes, shipping, or handling fees, unless explicitly stated. Flamingo Flooring reserves the right to correct any pricing errors on the website or in orders, whether or not the order has been confirmed.
4.3 Availability
All products and services offered on the website are subject to availability. We reserve the right to discontinue any product or service at any time without notice. In the event that a product or service you have ordered is no longer available, we will notify you as soon as possible and provide alternative options or a refund.
4.4 Order Process
Orders can be placed by contacting us through our website by following the instructions provided. By placing an order, you agree to pay the total amount, including applicable taxes, shipping, and handling fees. Once your order is placed, you will receive an email confirmation. Please note that this email does not constitute acceptance of your order. Flamingo Flooring reserves the right to accept or reject your order for any reason.
4.5 Order Cancellation
You may cancel your order within 24 hours of placement by contacting our customer service team. After this period, orders may be processed and shipped, making cancellations no longer possible. In the event of cancellation, Flamingo Flooring reserves the right to charge a restocking fee for certain products.
5. Payment Terms
5.1 Payment Methods
Flamingo Flooring accepts various payment methods. By submitting your payment information, you authorize us to charge the total order amount to the payment method you have chosen.
5.2 Payment Processing
All payments are processed through secure third-party payment processors. Flamingo Flooring does not store your credit card or payment details. Your use of the payment processor is subject to the terms and conditions of that processor. We are not liable for any issues arising from the use of third-party payment processors.
5.3 Late or Failed Payments
In the event of a declined payment, you will be notified, and your order will not be processed until a valid payment method is provided. Flamingo Flooring reserves the right to suspend or cancel any order or account in the event of failed payments.
5.4 Financing via Third Party
If financing is available and secured by a third-party provider, Flamingo Flooring is no longer involved in the resulting transaction and is not subject to, or liable for any other event after the financing is secured and payment to the Company has been made. Any and all questions, concerns, problems, and issues of repayment is and will be referred to the third-party provider.
6. Shipping and Delivery
6.1 Shipping Methods
Flamingo Flooring offers various shipping options, which will be communicated through the purchasing process. Shipping times and fees vary depending upon where the materials are being shipped from, order size, and chosen shipping method.
6.2 Delivery Times
While we strive to deliver products within the estimated timeframes provided, Flamingo Flooring cannot guarantee exact delivery dates. Delivery times are estimates and may vary due to factors beyond our control, including weather, shipping carrier delays, and demand surges.
6.3 Shipping Costs
Shipping costs are calculated based on the shipping method, order weight, and volume. The total shipping cost will be fully disclosed before you confirm your order.
6.4 International Shipping
Flamingo Flooring may offer international shipping from select locations. Please be aware that international orders may be subject to additional taxes, duties, and customs fees, which are the responsibility of the customer.
7. Returns and Refunds
7.1 Return Policy
If you are not satisfied with your purchase, you may return eligible products within 15 days of delivery for a refund, exchange, or credit. All returned items must be in their original, unused condition and in the original packaging. Certain items, such as custom orders, final sale products, and clearance items, may not be eligible for return.
7.2 Refund Process
Upon receiving your return, we will inspect the item to ensure it meets our return policy requirements. If approved, a refund will be issued to your original payment method within 7-10 business days. Shipping costs are non-refundable, and a restocking fee may apply.
7.3 Damaged or Defective Products
If your product arrives damaged or defective, please contact us within 48 hours of delivery to report the issue. We will work with you to resolve the issue, which may include replacement, repair, or refund.
8. Installation Services
8.1 Scheduling and Availability
Installation services are subject to availability and must be scheduled through Flamingo Flooring. We will work with you to schedule an installation date that fits your needs, but we cannot guarantee specific times or dates until the order has been placed.
8.2 Preparation for Installation
Customers are responsible for ensuring that the installation area is prepared and accessible for our team. A part of our service to you, we offer relocation services (moving furniture within the home) of items that need to be out of the way for the installation of your flooring. Failure to prepare the area may result in delays or additional charges.
8.3 Warranty on Installation
Our installation services come with a limited warranty, which covers workmanship for a specified period. This warranty does not cover damage caused by misuse, accidents, or improper maintenance.
9. Intellectual Property Rights
9.1 Ownership
All content on this website, including text, graphics, images, logos, and software, is the property of Flamingo Flooring or its licensors and is protected by copyright, trademark, and other intellectual property laws.
9.2 Use of Content
You may not use, reproduce, modify, distribute, or display any content from this website without the prior written consent of Flamingo Flooring. Any unauthorized use of the content may result in legal action.
9.3 Trademarks
“Flamingo Flooring” and any related logos are trademarks of Flamingo Flooring. You may not use our trademarks in connection with any product or service without our prior written consent.
10. Disclaimer of Warranties
Flamingo Flooring makes no warranties, express or implied, regarding the products, services, or content on this website. All products and services are provided “as is” and “as available,” without warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be error-free, secure, or continuously available.
11. Limitation of Liability
To the fullest extent permitted by law in the state of Utah, Flamingo Flooring shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of our website, products, or services. Our total liability for any claim shall not exceed the amount paid for the product or service in question.
12. Indemnification
You agree to indemnify, defend, and hold harmless Flamingo Flooring, its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses arising out of your use of the website, violation of these Terms, or infringement of any third-party rights.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Utah, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in the 3rd District Court for the resolution of any disputes arising out of or relating to these Terms and that cannot be resolved through the Arbitration process.
14. Dispute Resolution
In the event of a dispute between you and Flamingo Flooring, we encourage you to contact our customer service team to seek an informal resolution. If the dispute cannot be resolved informally, either party may seek resolution through binding arbitration in accordance with the rules of the American Arbitration Association.
15. Arbitration
15.1 Mandatory Binding Arbitration of Disputes
By agreeing to these Terms, you agree to resolve any issues or disputes that come up through individual arbitration instead of in court. This covers any disagreement related to these Terms or the Services, whether it happened before or after you accepted these Terms. If we can’t settle the dispute informally (see below), it will go to arbitration, not to court or a class action.
Both you and Flaming Flooring agree that the Federal Arbitration Act (FAA) governs this Arbitration Agreement. The FAA, along with the rules established by the laws and regulations of the State of Utah, will apply to the fullest extent allowed by law.
You and Flaming Flooring also agree that only an arbitrator—not a court—will have the authority to settle any questions about this Arbitration Agreement, including its interpretation and whether it’s valid or enforceable. The arbitrator will also decide whether these Terms are fair or if there are any defenses against arbitration.
15.2 Class Action Waiver
You and Flaming Flooring agree that each of us waives the right to a jury trial and to be part of any class action. This means you and Flaming Flooring can only bring claims against each other individually, not as part of a group. An arbitrator cannot combine your claim with anyone else’s without agreement from both you and Flaming Flooring. If this is found to be unenforceable, this whole arbitration section will be void, and it will be as though neither party agreed to arbitration for class claims. This agreement to arbitrate will survive even if these Terms end.
15.3 Informal Dispute Resolution
If there’s a disagreement, you and Flaming Flooring agree to first try to resolve it informally. Start by sending a written notice to the other party with your name, contact information, a description of the issue, and the desired outcome. Send it via email or to Flaming Flooring’s address at 6852 S 300 W, Midvale, UT 84047. Flaming Flooring will send any notice to the contact information it has for you. We agree to try to settle any dispute through informal discussion within 90 days. If we can’t reach an agreement after that, then either party can start the arbitration process as explained here.
If the issue isn’t resolved informally, both you and Flaming Flooring agree to resolve it only through final and binding arbitration, not court—unless your case qualifies for small claims court.
15.4 Exceptions and Opt-Out
There are a few exceptions to this arbitration requirement: (i) you may go to small claims court if eligible, and (ii) both parties can seek court action to stop the misuse of intellectual property.
If you prefer not to participate in this arbitration agreement, you can opt-out within 30 days of accepting these Terms. To do this, send a written opt-out notice with your name, address, and signature by mail to Flaming Flooring, 6852 S 300 W, Midvale, UT 84047, or via email. Opting out only applies to this arbitration agreement; it doesn’t affect any other terms or prior agreements with Flaming Flooring.
15.5 Arbitration Process
Arbitration services within the State of Utah at the choosing of Flamingo Flooring will handle the arbitration under the rules outlined in the laws and regulations of the State of Utah, except as modified by these Terms. To start an arbitration, submit a Demand for Arbitration to us at Flamingo Flooring. If your claim is for $10,000 or less, you can choose to have it decided based on documents alone, via phone or video, or in person. For claims over $10,000, the chosen Arbitrator will determine whether there’s a hearing. The hearing location will be in the county where you live unless both parties agree to another location.
15.6 Costs
The costs of arbitration is determined via the rules and regulations for arbitration in the State of Utah concerning the payment of arbitration fees. If Flaming Flooring wins the arbitration, it will cover its own legal fees and won’t seek reimbursement from you.
15.7 Changes to the Arbitration Agreement
If Flaming Flooring changes this arbitration section after you first agreed to these Terms, you can reject the change by sending a written rejection notice within 30 days of the update. Send this by mail to Flaming Flooring,6852 S 300 W, Midvale, UT 84047, or by email. This keeps your arbitration terms as they were when you first agreed.
16. Privacy Policy
Your use of our website and services is also governed by our Privacy Policy, which can be found [insert link to Privacy Policy]. By using our website, you consent to the practices outlined in our Privacy Policy.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Flamingo Flooring
6852 S 300 W, Midvale, UT 84047
