Terms and Conditions


Introduction
The Flying Dutchman Liquor Store (referred to throughout this Site as "www.flyingdutchman.com") owns and provides www.flyingdutchman.com (Site) as a service to our customers. Please review the following basic rules that govern your use of the www.flyingdutchman.com site. (The "Agreement"). By use of this site you acknowledge that you are of legal drinking age and agree to the following Terms and Conditions appearing on the Site. If you do not agree to the Terms and Conditions do not use this site.

Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. The Flying Dutchman Liquor Store reserves the right to update or modify these Terms of Use at any time without notice or obligation, to any of the information contained on this Site. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We recommend periodically visiting this page of the Site to review these Terms and Conditions.


Governing Law
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE WILL ONLY BE CONSTRUED AND EVALUTATED ACCORDING TO THE LAWS OF THE COMMONWEALTH OF THE BAHAMAS. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. FLYINGDUTCHMANLIQOURSTORE.COM MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE BAHAMAS.

ANY AND ALL INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE BAHAMAS.


Use of this Site
Through your use of the Site you accept the Terms of Use, and certify that you are 18 years of age or older. If you are under the age of 18 you may NOT use this Site under any conditions and any such use is completely unauthorized by Www.flyingdutchman.com. Children under the age of 18 may not use this Site and parents, legal guardians or adults may not agree to these Terms of Use on their behalf. If you are a parent, legal guardian, or adult agreeing to these Terms of Use for the benefit of a minor or a child under 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.

All software used on this Site is the property of www.flyingdutchman.com or its suppliers and protected by the Copyright Act and any other relevant laws of the Commonwealth of The Bahamas and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Third Party Sites: References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply www.flyingdutchman.com's endorsement, sponsorship or recommendation of the third party, its information, products or services. www.flyingdutchman.com is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.


Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. www.flyingdutchman.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from www.flyingdutchman.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).


Pricing and Content Information
While www.flyingdutchman.com strives to provide accurate pricing information, pricing or typographical errors may occur. www.flyingdutchman.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, www.flyingdutchman.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, www.flyingdutchman.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We do our best to provide you with the lowest prices possible on www.flyingdutchman.com as well as in our stores. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices.

www.flyingdutchman.com does not price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great value, every day.

Merchandise Content: www.flyingdutchman.com attempts to be as accurate as possible in its product descriptions. However, www.flyingdutchman.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused and new condition and in its original packaging.

Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that www.flyingdutchman.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.


Quantity Limits & Dealer Sales
www.flyingdutchman.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. www.flyingdutchman.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from www.flyingdutchman.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.


Export Policy
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of The Bahamas Government and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations.


Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by www.flyingdutchman.com, one of its affiliates or by third parties who have licensed their materials to www.flyingdutchman.com and are protected by the copyright laws of the Commonwealth of The Bahamas and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of www.flyingdutchman.com and is also protected by the copyright laws of the Commonwealth of The Bahamas and international copyright laws.

www.flyingdutchman.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of www.flyingdutchman.com's or any third party's intellectual property rights.

The www.flyingdutchman.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of The Flying Dutchman Liquor Store. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.


User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to www.flyingdutchman.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain www.flyingdutchman.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to www.flyingdutchman.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

Thus, www.flyingdutchman.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. www.flyingdutchman.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. www.flyingdutchman.com is and shall be under no obligation:
  1. to maintain any Comments in confidence;
  2. to pay to user any compensation for any Comments; or
  3. to respond to any user Comments.
You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."

www.flyingdutchman.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant www.flyingdutchman.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify www.flyingdutchman.com and its affiliates for all claims resulting from any Comments you submit. www.flyingdutchman.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.


Colors
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.


Indemnification
You agree to indemnify www.flyingdutchman.com and its affiliates, against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked, sites, your submission or transmission of information or material on or through the site or your violation of these Term of Use or any other laws, regulations and rules.

You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.


Disclaimer
THIS SITE IS PROVIDED BY WWW.FLYINGDUTCHMAN.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. WWW.FLYINGDUTCHMAN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WWW.FLYINGDUTCHMAN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WWW.FLYINGDUTCHMAN.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WWW.FLYINGDUTCHMAN.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. WWW.FLYINGDUTCHMAN.COM ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS.


General
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of www.flyingdutchman.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit www.flyingdutchman.com's rights with respect to such breach or any subsequent breaches.

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