Terms of Use

Welcome to Element Flies. By accessing or using our website and ordering platform at elementflies.com, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please do not use our services.

1. Account Types

Element Flies serves three types of customers, each with different access and pricing:

• Retail customers — anyone may shop our public catalog and check out at retail prices without an account. Creating a retail account is optional and provides order history and saved details.
• Wholesale accounts — fly shops, outfitters, and guide services may apply for wholesale pricing and pack-based ordering. Approval is required.
• Dropship API partners — approved wholesale customers may generate API credentials to place dropship orders that ship directly to their end consumers. Use is governed by these Terms and the additional terms in Section 8.

2. Wholesale Account Eligibility

By submitting a wholesale application, you represent that:

• You are an authorized representative of a legitimate retail business, outfitter, or guide service
• All information provided in your application is accurate and current
• You hold a valid EIN, and a sales tax license where applicable
• You maintain adequate business insurance coverage

Element Flies reserves the right to approve or deny any wholesale application at our sole discretion, and to suspend or terminate accounts that violate these terms.

3. Orders & Pricing

Wholesale orders are sold in packs (default twelve flies per pack; certain categories such as accessories and fly packages are exempt and sold per unit). Wholesale orders are subject to manual review and approval after submission. Retail orders are processed directly upon successful payment.

Prices are subject to change without notice. We reserve the right to correct pricing errors and to cancel orders that contain incorrect pricing. Wholesale spend-based pricing tiers are applied automatically when an order meets the minimum spend threshold for a tier; the highest matching tier wins and the discount is applied to that order's subtotal before tax.

Wholesale customers may place orders as Buy Now (ships from available warehouse stock) or Preseason (reserved supply fulfilled directly by our supplier on a future ship date). Preseason orders carry a minimum spend requirement displayed at checkout, and the ship date is communicated in advance. Preseason inventory is not held in our warehouse and does not affect Buy Now availability.

4. Payments

Payments are processed through Stripe, our PCI-compliant payment partner. Element Flies does not store full credit card numbers on its own systems. By submitting payment details, you agree to Stripe's terms of service.

Depending on order type and account status, payment may be collected at order placement or authorized at placement and captured when the order ships. Wholesale customers approved for Net 30 or Preseason terms may save a payment method that is charged on the agreed schedule. We reserve the right to reattempt a failed payment, to send retry links by email, and to cancel orders for which payment cannot be collected.

Sales tax is calculated at checkout based on the destination state. Wholesale customers who provide a valid resale or sales tax exemption certificate may be marked tax-exempt at our discretion.

5. Shipping & Delivery

Shipping rates are quoted at checkout through ShipStation using live carrier rates. Delivery dates are estimates provided by the carrier and are not guaranteed. Risk of loss passes to the buyer upon the carrier's pickup of the shipment. If a shipment is lost or damaged in transit, contact us promptly so we can work with the carrier on a claim or replacement.

6. Satisfaction Guarantee & Returns

We offer a 100% satisfaction guarantee on all retail and wholesale orders. If you are not satisfied with your purchase, you may return the flies within 30 days for a full refund. Returned items must be shipped back at the buyer's expense and received in resalable condition. Refunds are processed within 10 business days of receiving the return and are issued to the original payment method.

7. Consignment Terms

Participation in our consignment program is governed by a separate consignment agreement. Consignment inventory remains the property of Element Flies until sold. Partners are invoiced monthly for sold items. Element Flies may remove or replace inventory at any time.

8. Dropship API Program

Active wholesale customers may self-enroll in the dropship API program from their account dashboard. By generating an API key you agree that:

• Each dropship order is charged at the time of placement to the payment method on file. Orders cannot be ingested without a valid card on file.
• You are solely responsible for the accuracy of order data submitted via the API, including end-customer shipping addresses, contact details, and any required tax information.
• You will keep API credentials confidential, rotate them if compromised, and accept that all activity under your key is your responsibility.
• API usage is rate-limited to protect the platform. We may throttle, suspend, or revoke credentials for abuse, repeated failed payments, chargebacks, or violation of these Terms.
• Dropship orders may be cancelled by you prior to shipment via the dashboard or API; cancellation releases reserved inventory and refunds the charge.

You will not use the API to scrape catalog data for resale, to circumvent rate limits, or to provide access to third parties without our written consent.

9. Intellectual Property

All content on this website, including but not limited to text, images, logos, product photography, and fly pattern names, is the property of Element Flies and is protected by applicable intellectual property laws. You may not reproduce, distribute, or use our content without prior written permission. Wholesale customers may use product imagery and copy on their own storefronts solely for the purpose of reselling Element Flies products purchased through this platform.

10. Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. Element Flies is not liable for any loss resulting from unauthorized access to your account.

11. Limitation of Liability

Element Flies provides this platform and all products on an "as is" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied. Element Flies shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our website, API, or products.

12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any disputes arising under these terms shall be resolved in the courts of Eagle County, Colorado.

13. Changes to These Terms

We reserve the right to update these Terms of Use at any time. Changes will be posted on this page with an updated revision date. Your continued use of the platform after changes constitutes acceptance of the revised terms.