Terms of service

 

Last updated on 11 June 2021.

 

Welcome to Hoop Flo! At Hoop Flo, we have a shop that sells hula hoops and pre-recorded online courses that teach hooping. This website is owned by Eshna Kutty and is operated under the brand name, Hoop Flo, a sole proprietorship concern of Eshna Kutty (“we”, “us” or “Hoop Flo”).

By accessing and using the website, you (“you” or “user” or “customer”) are agreeing to these terms and conditions (“Terms of Service” or “Terms”). We strongly urge you to read the Terms of Service in detail before registering, accessing or using the Services (defined below). Supplemental terms may apply to certain Services, such as policies for a particular service, activity or promotion or new feature and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services.

We may amend the Terms at any time by posting an updated version on this website. The updated version of these Terms shall supersede the previous version of the Terms and take effect immediately upon posting and may be notified. You have the right to opt-out of agreeing to these Terms or any future updated version of the Terms, and therefore also using the website, or any of the products or services you avail from this website.

For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.

At this website, we offer for sale flow arts merchandise (including hoops) and training materials for people to learn and improve their hooping skills (“Services”).

 

Account

 

In order to use the Service, you may be required to create an account or provide certain information relevant to your purchase (for instance, your billing and shipping address). When registering for an account or providing such information, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and/ or your use of the  Services.

You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to support@hoopflo.com .

 

Eligibility

 

By accessing the website and/ or using the Services, you are representing the following:

1. You are 18 years of age or older; and
2. You are capable of entering into a legally binding agreement.

 

If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with the terms. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that Hoop Flo does not have the responsibility of ensuring that you meet the aforesaid requirements. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

Hoop Flo reserves the right to terminate your subscription and / or refuse to provide you with access to the products or services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the products or services is not made by your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that Hoop Flo does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the website.

Please be aware that Hoop Flo reserves the right to revoke your access to the website, subject to our reasonable discretion. In this regard, we may also choose to suspend your Hoop Flo Account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation.

 

Domestic Orders (Orders to be delivered in India)

 

1. Once an order is placed, no change in the shipping address can be undertaken. If you have any questions pertaining to shipping, please reach out to us at support@hoopflo.com, prior to placing your order.
   
   
2. Hoop Flo will reasonably attempt to deliver the product within 5-7 business days from the date on which the order is placed. However, delivery is undertaken through third party service providers and may be delayed. If you do not receive the product after 7 days of having placed an order or face issues in tracking the delivery, you are required to reach out to support@hoopflo.com
   
   
3. If the product you ordered is not delivered, or an incorrect product is delivered, due to a shipping error, you are required to report to Hoop Flo by providing the requisite details by an email addressed to support@hoopflo.com (including the order number and an image of the product received) within 3 days of product delivery. Upon inspection, Hoop Flo will replace the product at no additional cost to you.
   
   
4. All products delivered incorrectly must be returned without any damage or wear and tear in their original packaging with all the additional add-ons they were delivered with.

1. If the third-party delivery executive has attempted to deliver your package, but is unable to deliver on account of the absence of any individual to collect the package, the delivery executive will make one more attempt to undertake the delivery. However, if the second attempt to fulfil delivery is not completed on account of absence in collection, the products be returned to Hoop Flo. If you want the product to be delivered again, please write to us at support@hoopflo.com. For re-shipping of the product, additional delivery costs are required to be borne by the Customer. If you do not communicate your requirement to have the product re-shipped within 5-7 business days, the order will be cancelled and you will be refunded after deduction of the shipping and return costs.

 

International Orders (Orders to be delivered outside India)

 

1. Once an order is placed, no change in the shipping address can be undertaken. If you have any questions pertaining to shipping, please reach out to us at support@hoopflo.com, prior to placing your order.

 

1. Hoop Flo will reasonably attempt to deliver the product within 10-15 business days from the date on which the order is placed. However, delivery is undertaken through third party service providers and is further subject to cross-border restrictions, on account of which delivery may be delayed. If you do not receive the product after 7 days of having placed an order or face issues in tracking the delivery, you are required to reach out to support@hoopflo.com.

 

1. Hoop Flo is not responsible for any customs charges in your country, which are required to be paid and borne by you. These charges are not covered in the shipping costs.   

 

1. If the third-party delivery executive has attempted to deliver your package, but is unable to deliver on account of the absence of any individual to collect the package, the delivery executive will make one more attempt to undertake the delivery. However, if the second attempt to fulfil delivery is not completed on account of absence in collection, the products be returned to Hoop Flo. If you want the product to be delivered again, please write to us at support@hoopflo.com. For re-shipping of the product, additional delivery costs are required to be borne by the Customer. If you do not communicate your requirement to have the product re-shipped within 5-7 business days, the order will be cancelled and you will be refunded after deduction of the shipping and return costs.

 

Checking the status of your order

 

Once your order has been shipped, you will receive an sms and a confirmation email from our third party delivery partner containing your tracking number, using which you will be able to track your order status. Please make sure you leave the correct contact number and email for us to reach out to you. 

 

All orders placed on Hoop Flo are dispatched through our courier service provider- Delhivery.

 

Exchange Policy

 

Hoops can be exchanged only in the following circumstances: (i) if the size of the Hoop delivered is different from the size ordered, (ii) if the customer is not comfortable with the size of the Hoop ordered, or (iii) for a change in colour (“Exchange Reason”). Any such exchange is subject to the terms and conditions set out below.

Hoop Flo makes returns easy and hassle free. Once your package arrives, we ask that you inspect your hoop immediately to make sure it is exactly what you ordered.

If you wish to return your Hoop for an Exchange Reason, you are required to:

1. Send an email within 7 (seven) days of the Hoop having been delivered to you at support@hoopflo.comand include your order number and reason why you want to exchange your product.
2. In order for the hoop to be eligible for a refund or exchange, it must be in perfect condition and show no signs of wear and tear, scratches or modifications (unless it is being returned on account of certain defects present at the time of delivery to you in which case, please see our policy on defective merchandise set out below).
3. A return shipping label will be provided for you.
4. Once the item is received in our warehouse and inspected for damage, wear or tear, scratches or modifications, you will receive an email with your return information and information on the new Hoop that will be delivered to you. If any damage, wear or tear, scratches or modifications are discovered, the Hoop will not be eligible for an exchange.

 

No extra shipping/ restocking fee will be charged on the returned product

 *Free return shipping label for India based customers only at this time.
*Item must be returned in good working order and show no signs of damage.

*Items must be returned in the same packaging in which they were delivered along with all ancillary items, along with the hoop bag. Please wrap the hoop up inside the hoop bag.

*No refunds/ returns will be processed in case of hoops sought to be returned 7 days after a customer has received the hoop.

 

Return Policy - Defective Merchandise

 

Subject to appropriate use, storage and handling, functionality of Hoops is guaranteed for a period of 6 months. If the customer experiences a defect (crack in hoop) due to wear and tear within a 6 months of using, Hoop Flo upon inspection will provide a 50% discount on their next purchase.

We define defective merchandise as goods that are: damaged, incomplete, or otherwise unusable for their intended purposes upon receipt by the customer. Defective merchandise is handled on a case-by-case basis. Once your package arrives, we ask that you inspect your hoop immediately to make sure it is exactly what you ordered. If the hoop was damaged by the customer or the relevant defect is attributable to use, storage or handing by the Customer, the Customer will not be eligible for a refund or replacement. Please note that the determination of Hoop Flo, as to the causation of the damage/ defect to the hoop shall be final and binding. Defects that can occur due to incorrect or non-recommended use, storage or handling by a Customer include (but are not limited to) bending the hoop while collapsing, breaking of metal clip, possible scratches.

1. Suspected defective merchandise should not be used and should be reported to us immediately by way of an email to support@hoopflo.com along with a picture reflecting the relevant defect.
2. A return shipping label will be provided for you.
3. You are required to return the product in its original packaging along with additional add-ons provided to you.
4. Hoop Flo must inspect the hoop to make a determination of the failure or defectiveness and also the causation thereof. If it is determined by Hoop Flo that the hoop was damaged by the user or the relevant defect is attributable to use, handling or storage by the user, the user will not be eligible for a refund or replacement. Subject to the foregoing, Hoop Flo will repair or replace the product, as appropriate, subsequent to such inspection.
5. Customers cannot ask for a colour change for the replacement hoop and the same product (including colour and specifications) will be delivered unless the item is out of stock.
6. If the metal clip attached to the hoop is not functional due to wear and tear, additional clips can be provided at no additional costs (except for the requisite shipping costs).

 

*Free return shipping label for India based customers only at this time.
*Item must be returned in good working order and show no signs of damage (other than the relevant reported damage).

* Items must be returned in the same packaging in which they were delivered along with all ancillary items, along with the hoop bag. Please wrap the hoop up inside the hoop bag.

*Please allow up to 10 business days for your bank to process your refund.

*No refunds/ returns will be processed if the defect is not reported within 24 hours of receipt in the manner mentioned above

 

Shipping Errors

 

While shipping errors are rare, they can happen. If you have received an incorrect product (e.g., a product substitution), please contact us immediately. If merchandise is unused, Hoop Flo will send the correct item as soon as possible at no cost to the customer and may arrange for return shipping of the wrongly-shipped product.

 

Cancellation of Product Orders

 

All orders are automatically processed on our secure merchant processor and sent for shipment as soon as they are placed. During this process we incur irreversible fees. Therefore, while we understand that orders might need to be changed sometimes, we are unable to do it free of charge after a certain point. We strictly adhere to the following cancellation policy:

 

1. If you cancel your order BEFORE it has been shipped, you will be assessed a 2% cancellation fee before credit is issued.

 

1. If you cancel your order AFTER it has been shipped, you will be assessed a 15% cancellation fee before credit is issued.

 

Cancellation of Course Subscription

 

Once you subscribe, the course is available to you for your lifetime. Despite the above, if you have never logged-in to your account to access the course, we would be happy to offer you a refund. The following process is required to be following in order to process the refund:

 

1. Send an email to support@hoopflo.comand include your order number. Please state in the email if you would like to receive store credit for an equivalent amount or a refund.

 

1. As stated previously, on receipt of your request, we will verify if you have logged in to your account previously. If you have not logged into your account previously, we will process the refund/ store credit, as applicable.

 

1. Other than as stated above, all subscriptions are non-refundable.

 

*Please allow up to 10 business days for your bank to process your refund.

 

Privacy

 

We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the Services may be shared with our affiliates or partners, and/ or used by us for enhancing the Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject.

 

License

 

Subject to the terms and conditions of these Terms, Hoop Flo grants each individual that has subscribed to a course using the website (“the Course”), a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the course, including a reasonable number of copies of any content, material or software made available by Hoop Flo, for non-commercial and personal use only.

 

You must comply with all applicable laws when accessing the course. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Course, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the website; (b) compile or collect any content available on the Course as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Course; (d) frame or otherwise incorporate the course or any portion of the Course as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Course (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Course, or any content available on the course; (g) use the Course in a manner that threatens the integrity, performance, or availability of the Course; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Course or any content available from the Course; or (i) include any personal or identifying information about another person in your user content without that person’s explicit consent.

 

Disclaimer

 

To the fullest extent permissible pursuant to applicable law, the materials on this website are provided "as is" and without warranties of any kind either expressed or implied and Hoop Flo disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Hoop Flo does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Hoop Flo does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. This site show you ways to perform activities.  We do not claim it to be the best, safest or easiest way.  Please use common sense and use proper safety procedures when using all tools.  The information and descriptions contained herein are not intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes. Prices and availability are subject to change. This website is linked to other websites which are not maintained by Hoop Flo and we are not responsible for the content of those websites. The inclusion of any link to such websites does not imply approval of or endorsement by Hoop Flo of the websites or the content thereof.

 

Limitation of Liability

While Hoop Flo uses reasonable efforts to include accurate and up to date information on this website, errors or omissions sometimes occur. Hoop Flo makes no warranties or representations as to the accuracy of this website. Under no circumstances, including, but not limited to, negligence, shall Eshna Kutty or Hoop Flo or any party involved in creating, producing, or delivering the website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if Hoop Flo or any authorized representative has been advised of the possibility of such damages. In no event shall Hoop Flo’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website.

Hoop Flo also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.

 

Restrictions on use of Materials

Except as otherwise expressly permitted, no materials from this website or any website owned, operated, licensed or controlled by Hoop Flo may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for your use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without Hoop Flo’s written permission.

Hoop Flo neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with Hoop Flo.

 

Trademarks and Copyrights

All trademarks, trade names, logos, copyrights, registrations, and icons are proprietary to Eshna Kutty. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or other intellectual property displayed on this website without the written permission of Hoop Flo or such third party that may own the trademarks displayed on this website. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.

 

Images displayed on this website are either the property of, or used with permission by, Eshna Kutty or other individuals affiliated with Hoop Flo. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Governing Law; Venue

 

These Terms will be governed by and construed in accordance with the laws of India, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction of courts in New Delhi.

 

Contacting Hoop Flo

 

For questions, comments, complaints, or claims please contact us at:

Hoop Flo
Plot No. 303; Lane 6,
near Emanuel Church,
Mayur Vihar Ph-1 Ext,
Delhi-91
support@hoopflo.com