OVERVIEW
This website is run by Floralshe. Across the site, the words “we”, “us” and “our” refer to Floralshe. Floralshe makes this website available to you — the user — together with every piece of information, tool and service offered here, on the condition that you accept all of the terms, conditions, policies and notices set out below.
When you browse our site and/or buy something from us, you take part in our “Service” and accept the terms and conditions that follow (the “Terms of Service”, the “Terms”), along with any additional terms, conditions and policies mentioned in this text and/or reachable through a hyperlink. These Terms of Service are valid for every user of the site, including and without limitation those who browse, sell, buy, act as merchants and/or contribute content.
Please go through these Terms of Service carefully before you access or use our website. The moment you access or use any part of the site, you accept these Terms of Service. If you do not agree with every term and condition of this agreement, then you may not access the website or make use of any service. Should these Terms of Service be treated as an offer, acceptance is expressly restricted to these Terms of Service.
Any feature or tool that is later added to the present store will likewise be covered by the Terms of Service. The most current version of the Terms of Service can be consulted by you at any moment on this page. We keep the right to update, alter or replace any portion of these Terms of Service by publishing updates and/or modifications on our website. Checking this page from time to time for changes is your responsibility. If you keep using or accessing the website after changes have been posted, that counts as acceptance of those changes.
Our store runs on Shopify Inc. They supply us with the online e-commerce platform through which we can sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you declare that you have at least reached the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have granted us your consent for any of your minor dependents to use this site.
Our products may not be used by you for any illegal or unauthorized purpose, nor may you break any law of your jurisdiction while using the Service (copyright laws included, but not only those).
You must not send any worm, virus or code of a destructive kind.
Breaking or violating any of the Terms will bring about the immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We keep the right to refuse service to anybody, for any reason, at any moment.
You understand that your content (credit card information excluded) may travel unencrypted and may involve (a) transmissions across several networks; and (b) alterations needed to conform and adapt to the technical requirements of the networks or devices being connected. Credit card information is always encrypted while it is transferred over networks.
You accept not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service, any access to the Service, or any contact obtained on the website through which the service is delivered, unless we give express written permission.
The headings used in this agreement are there only for convenience and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We take no responsibility if the information made available on this site turns out not to be accurate, complete or current. The material published here is provided for general information only and should not be treated as the only basis for making decisions, without first consulting primary sources that are more accurate, more complete or more timely. Any reliance you place on the material of this site is at your own risk.
This site may hold certain historical information. By its very nature, historical information is not current and is offered for your reference only. We keep the right to modify the contents of this site whenever we wish, though we are under no obligation to update any information on it. You accept that keeping track of the changes made to our site is your own responsibility.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may change without prior notice.
We keep the right, at any moment, to modify or discontinue the Service (or any part or content of it) without notice.
We will not be held liable to you or to any third-party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be offered exclusively online through the website. Such products or services may exist in limited quantities and may be returned or exchanged only in accordance with our Return Policy.
Every effort has been made by us to display the colors and images of the products shown in the store as faithfully as possible. We cannot guarantee that the color your computer monitor displays will be accurate.
We keep the right, though we are not obliged, to restrict the sale of our products or Services to any person, geographic region or jurisdiction. This right may be exercised by us case by case. We keep the right to limit the quantities of any product or service that we offer. Every description of a product and every product price may change at any moment without notice, at our sole discretion. We keep the right to discontinue any product whenever we wish. Any offer of any product or service made on this site is void wherever it is prohibited.
We do not warrant that the quality of any product, service, information or other material bought or obtained by you will live up to your expectations, nor that every error in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We keep the right to refuse any order that you place with us. At our sole discretion we may limit or cancel the quantities bought per person, per household or per order. These restrictions may cover orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Whenever we change or cancel an order, we may try to notify you through the e‑mail and/or the billing address/phone number given at the time the order was placed. We keep the right to limit or forbid orders that, in our sole judgment, look like they were placed by dealers, resellers or distributors.
You accept to supply current, complete and accurate purchase and account information for every purchase made at our store. You accept to update your account and other data promptly — including your email address, your credit card numbers and their expiration dates — so that we can complete your transactions and reach you when needed.
For further detail, please consult our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may give you access to third-party tools that we neither monitor nor have any control or input over.
You acknowledge and accept that access to such tools is granted ”as is” and “as available”, with no warranty, representation or condition of any kind and with no endorsement whatsoever. We will bear no liability at all arising from or connected to your use of optional third-party tools.
Any use you make of the optional tools offered through the site happens entirely at your own risk and discretion, and you should make sure that you know and approve of the terms under which those tools are supplied by the relevant third-party provider(s).
In the future we may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will likewise be covered by these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Some of the content, products and services reachable through our Service may include material coming from third-parties.
Third-party links present on this site may send you to third-party websites that have no affiliation with us. We take no responsibility for examining or evaluating their content or accuracy, and we do not warrant and will bear no liability or responsibility for any third-party material or website, nor for any other material, product or service belonging to third-parties.
We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction carried out in connection with any third-party website. Please review the policies and practices of the third-party carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be addressed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (contest entries, for example) or, without any request from us, you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, by postal mail or otherwise (all of them called 'comments'), you accept that we may, at any moment and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comment you forward to us. We are and will remain under no obligation (1) to keep any comment confidential; (2) to pay any compensation for any comment; or (3) to answer any comment.
We may, though we have no obligation to do so, monitor, edit or remove any content that we determine at our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Service.
You accept that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or any other personal or proprietary right. You further accept that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, nor any computer virus or other malware that could in any way affect the operation of the Service or of any related website. You may not use a false e‑mail address, pretend to be somebody other than yourself, or otherwise mislead us or third-parties about the origin of any comment. You alone are responsible for any comment you make and for its accuracy. We take no responsibility and assume no liability for any comment posted by you or by any third-party.
SECTION 10 - PERSONAL INFORMATION
The personal information you submit through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our site or in the Service containing typographical errors, inaccuracies or omissions that may concern product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We keep the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders whenever any information in the Service or on any related website is inaccurate, at any moment and without prior notice (including after you have submitted your order).
We take on no obligation to update, amend or clarify information in the Service or on any related website, including and without limitation pricing information, except where the law requires it. No specified update or refresh date shown in the Service or on any related website should be read as an indication that all of the information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
Beyond the other prohibitions set out in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to persuade others to perform or take part in any unlawful act; (c) to break any international, federal, provincial or state regulation, rule or law, or any local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other kind of malicious code that will or may be used in any way that affects the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or get around the security features of the Service or of any related website, other websites or the Internet. We keep the right to terminate your use of the Service or of any related website should you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or free of errors.
We do not warrant that the results which may be obtained from the use of the service will be accurate or reliable.
You accept that from time to time we may withdraw the service for indefinite periods of time or cancel it at any moment, without giving you notice.
You expressly accept that your use of, or inability to use, the service happens at your sole risk. The service and every product and service delivered to you through it are (except where we expressly state otherwise) provided 'as is' and 'as available' for your use, with no representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstance will Floralshe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damage of any kind, including and without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damage, whether based on contract, tort (negligence included), strict liability or otherwise, arising from your use of any part of the service or of any product procured through the service, or from any other claim connected in any way to your use of the service or of any product, including but not limited to any error or omission in any content, or any loss or damage of any kind suffered as a result of the use of the service or of any content (or product) posted, transmitted or otherwise made available through the service, even where their possibility had been advised. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent that the law permits.
SECTION 14 - INDEMNIFICATION
You accept to indemnify, defend and hold harmless Floralshe and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any claim or demand, reasonable attorneys’ fees included, made by any third-party because of or arising out of your breach of these Terms of Service or of the documents they incorporate by reference, or your violation of any law or of the rights of a third-party.
SECTION 15 - SEVERABILITY
Should any provision of these Terms of Service be determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent that applicable law permits, and the unenforceable portion will be considered severed from these Terms of Service; such a determination will not affect the validity and enforceability of any of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities that the parties incurred before the termination date will survive the termination of this agreement for all purposes.
These Terms of Service remain effective unless and until they are terminated either by you or by us. You may terminate these Terms of Service at any moment by letting us know that you no longer wish to use our Services, or simply by ceasing to use our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may likewise terminate this agreement at any moment without notice; you will remain liable for every amount due up to and including the date of termination, and/or we may accordingly deny you access to our Services (or to any part of them).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not amount to a waiver of that right or provision.
These Terms of Service and any policy or operating rule posted by us on this site or in respect of The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreement, communication and proposal, whether oral or written, between you and us (including but not limited to any earlier version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18 - CHANGES TO TERMS OF SERVICE
The most current version of the Terms of Service can be consulted by you at any moment on this page.
We keep the right, at our sole discretion, to update, change or replace any part of these Terms of Service by publishing updates and changes on our website. Checking our website from time to time for changes is your responsibility. If you keep using or accessing our website or the Service after changes to these Terms of Service have been posted, that counts as acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at contact@floralshewear.com.