By using this Site you acknowledge that you have read, understood, and agreed to the Agreement, or that you had the opportunity to do so, but have agreed to this Agreement ENTIRELY AT YOUR OWN RISK without doing so. Due to the foregoing, please print and read the Agreement carefully before further accessing this Site. The Site is owned by The Flying Monkee, LLC (or "Rainbow Depot", "we", "us", “our”, etc.).
WE MAKE NO REPRESENTATION THAT THE MATERIALS, PRODUCTS OR SERVICES (“CONTENT”) OFFERED ON THIS SITE ARE APPROPRIATE FOR ACCESS OUTSIDE OF THE UNITED STATES. IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES, YOU ARE DOING SO ON YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. IF YOU ARE IN DOUBT ABOUT ANY PROVISION OF, OR TRANSACTION CONTEMPLATED BY, THIS AGREEMENT, PLEASE CONSULT LEGAL COUNSEL IN YOUR LOCALITY FOR ADVICE REGARDING WHAT CONTENT OR TRANSACTIONS MAY BE LEGALLY AVAILABLE TO YOU PRIOR TO YOUR USE OF THE SITE.
We reserve the right to refuse service anyone. In the event that an order is refused, the transaction will be canceled or voided. If you have been charged for the order we will refund the transaction. It can take up to 5 days for your bank/credit card company to credit your account. If a prepaid card is used, it can take the card company 30 days to issue the credit. Please check with your card company for their policy regarding credits.
Legal Notices; Child Protection, Privacy, Copyrights & Trademarks, Etc. You have read, understand, and agree to the Legal Notices, which are incorporated into this Agreement.
Product, Taxes, Shipping & Return Policies Prior to ordering any product from this Site, you have read, understand, and agree to the Policies, Terms and Conditions.
PRICING The pricing displayed is based on the US Dollar $, and will be charged as the US dollar. If you live in an area/country other than the US, your bank will charge you their conversion rate at the time of the order.
SHIPPING Most orders will ship within 48 hours after the order is received, excluding weekends. Delivery usually takes 3-10 business days. Check our Delivery Estimates section for more information. We use USPS, FedEx and UPS for our shipments. Items from our Adult Section will be shipped either USPS or UPS only. We reserve the right to change the method of shipping which was selected at check-out.
SHIPPING COSTS Shipping charges are determined by weight. The charge will be itemized when you proceed to our secure check out.
We will notify you of any order package that is returned back to us due to customer error, including "Forwarding Expired, No Such Address, Unknown, No longer here, Attempted Not Known." Such order shall be reshipped out and will be charged an additional freight charge. If credit is requested for such return, product only is credited. Shipping charge is not credited.
All orders are discreetly packaged and labeled to enhance your gay and lesbian shopping experience and further protect your privacy. You will receive your order in a plain box (brown packaging as provided by the Post Office). There won't be any rainbows, LGBTQ symbols or any other markings displayed on your package. Our return address (without our company name) and your address are the only markings. We are sensitive to the earth's environment and reuse boxes and shipping material that are shipped to us.
BACKORDERS If an item is out of stock on a multi-item order, we reserve the right to hold the complete shipment of the order until the item that is out of stock arrives into our warehouse. We will notify you by email if your order is put on backorder. Backorders are shipped within 7 - 10 business days.
CHANGES TO EXISTING ORDERS If you need to make changes/cancel an order you have placed, please call us toll free at 1.951.226.0347 to ensure that the change happens. Email is not always reliable.
TAXES Sales tax is only required for orders shipped within the State of California. If you have a California resellers permit, please print out the tax exempt form and fax it back to us along with your resellers permit to have sales tax removed from your order. If the package is being shipped to anywhere outside of California, there is no need to fill out a tax exempt form.
RETURNS At Rainbow Depot, we want you to be 100% satisfied with the products you order. We have a 30-day return guarantee, except for products ordered from the Adult Toy section.
If you are not fully satisfied with your merchandise (except for those few items listed in the Note, below or if the item is coded as THIS ITEM IS NOT RETURNABLE), simply go to our Contact Us page and fill out our return request form. We'll process it RIGHT AWAY. We want your gay and lesbian shopping experience to be one you will enjoy. In fact, many of our customers are repeat customers. Here's what you need to do: 1. Fill out the form on our Return Policy page. 2. You will receive a Return Merchandise Authorization number via email. 3. Repackage the item(s) in its original box with the packing slip. 4. Ship your item prepaid to us (the information needed will be in the email). For your protection, please use Insured Parcel Post for return shipment. 5. After we receive an authorized return, we will reimburse you for the product cost only. Original shipping charges will NOT be reimbursed nor will shipping charges incurred to return the item(s) to us. If an item needs to be returned due to a mistake by us or due to a product defect, your replacement item(s) will be sent to you without a shipping charge and the postage you paid for the return will be credited to your credit card.
The following are not refundable or exchangeable: Worn/Washed Clothing Body Jewelry Some garments have their own return policies, which are posted on the garment. All items in our Adult Toy section
Once your item is delivered, you have 30 days to return it for a full refund (less shipping). Rainbow Depot will not accept any returns after 30 days.
Your Submissions Any information, such as questions, comments, feedback, letters to the editor, reviews, commentaries, submissions or the like to the Site, that you provide to us in connection with this Site ("Submissions") by mail, email, telephone or otherwise shall be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. We have the right to use any ideas, concepts, know-how or techniques that you send us for all commercial and non-commercial purposes. You hereby waive all moral rights you may have in any Submissions.
Access & Availability of Services and Links
The Site contains links to other Internet sites. Selection of a banner or link will redirect you off of the Site to a third party website. Interactions that occur between you and the third party are strictly between you and such third party and are not our responsibility. We have no control over such and are not responsible for examining or evaluating and do not warrant the offerings of any of these businesses or individuals or the content of their websites. We do not endorse, nor assume any liability or responsibility for, the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the webmaster of the third party website.
Site Content & Products We may make changes, improvements and/or modifications to Site content and its products at any time without notice. Site content may be out of date, and we make no commitment to update it. We neither represent nor endorse the accuracy or reliability of any information provider or any other person or entity. You hereby acknowledge that the use of the Site is at your sole risk.
THE SITE AND ANY PRODUCTS PROVIDED BY RAINBOW DEPOT OR THIRD PARTIES THROUGH THE SITE ARE PROVIDED "AS IS." RAINBOW FLAGS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY PRODUCTS PROVIDED THROUGH THE SITE. RAINBOW DEPOT DOES NOT GUARANTEE THAT YOUR ACCESS TO, OR USE OF, THE SITE OR ITS PRODUCTS, WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
Limitations of Liability
RAINBOW FLAGS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SITE OR ANY OF THE PRODUCTS PROVIDED BY RAINBOW DEPOT OR THIRD PARTIES THROUGH THE SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF RAINBOW DEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.To the fullest extent permissible under applicable law, Rainbow Flags' aggregate liability to you or any third parties in any event is limited to the amount paid, if any, by you to Rainbow Depot for its products.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
Product Descriptions & Risk of Loss
We attempt to describe all of the Content on our Site as accurately as possible. However, we do not warrant that such descriptions are accurate, complete, reliable, current or error-free. If a product offered on our Site itself is not as described, your sole remedy is to return it in unused condition, according to the “RETURNS” policy stated above. All items purchased from the Site are made pursuant to a shipment contract. Thus, the risk of loss and title for such items passes to you upon our delivery to the carrier.
We and our authorized agents and employees may terminate your use of the Site in our sole discretion and without notice in the event that you breach this Agreement. For example and without limitation your access may be subject to termination if you attempt to alter or improperly access any feature or function of the Site, post or transmit any illegal content, harass, threaten, or take unfair or unlawful advantage of Rainbow Flags or its employees.
This Agreement has been made in and shall be construed and enforced in accordance with California law without regard to any conflict of law provisions. Any action to enforce this Agreement shall be brought in the federal or state courts located in Orange County, California, and you agree to personal jurisdiction by, extra-territorial service of process from, and venue in the state and federal courts of the State of California, located in Orange County. THIS AGREEMENT AND ANY OTHER TERMS, CONDITIONS, AND NOTICES REFERENCED ELSEWHERE IN THIS SITE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US WITH RESPECT TO YOUR ACCESS AND USE OF THE SITE. If any part or provision of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable part or provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts and provisions shall remain in full force and effect. We may assign this Agreement. Nothing contained in this Agreement shall be construed as conferring any license or right to any copyright or other intellectual property rights in relation to any Site Content. YOU MAY NOT EXPORT, COPY, MODIFY, OR RE-TRANSMIT ANY SITE CONTENT IN VIOLATION OF ANY APPLICABLE DOMESTIC AND/OR INTERNATIONAL LAW AND REGULATION (CIVIL, CRIMINAL, EXTERNAL TRADE AND MILITARY) WITHOUT EXCEPTION OR LIMITATION.
Our policies may change without notice of posting, although we will attempt to give notice on the Site.