CONDITIONS OF USE
Welcome to our online
store ( https://www.floristtea.com
)! FLORIST and its associates provide their services to you
subject to the following conditions. If you visit or shop within this website (
https://www.floristtea.com ), you accept these conditions. Please read them carefully.
PRIVACY
Please review our
Privacy Notice, which also governs your visit to our website, to understand our
practices.
ELECTRONIC COMMUNICATIONS
When you visit FLORIST
or send e-mails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing.
COPYRIGHT
All content included
on this site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of FLORIST
or its content suppliers and protected by international copyright laws. The
compilation of all content on this site is the exclusive property of FLORIST,
with copyright authorship for this collection by FLORIST, and protected by
international copyright laws.
TRADE MARKS
trademarks and trade
dress of FLORIST may not be used in connection with any product or service that
is not FLORIST, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits FLORIST. All other
trademarks not owned by FLORIST or its subsidiaries that appear on this site
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by FLORIST or its subsidiaries.
LICENSE AND SITE ACCESS
FLORIST grants you a
limited license to access and make personal use of this site ( https://www.floristtea.com ) and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of FLORIST. This license
does not include any resale or commercial use of this site or its contents: any
collection and use of any product listings, descriptions, or prices: any
derivative use of this site or its contents: any downloading or copying of
account information for the benefit of another merchant: or any use of data
mining, robots, or similar data gathering and extraction tools. This site or
any portion of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of FLORIST. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of FLORIST and our associates
without express written consent. You may not use any meta tags or any other
"hidden text" utilizing FLORISTs name or trademarks without the
express written consent of FLORIST. Any unauthorized use terminates the
permission or license granted by FLORIST. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of FLORIST so
long as the link does not portray FLORIST, its associates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any FLORIST logo or other proprietary graphic or trademark as part
of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site,
you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use our website only with involvement of a parent or
guardian. FLORIST and its associates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post
reviews, comments, and other content: and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other
content. FLORIST reserves the right (but not the obligation) to remove or edit
such content, but does not regularly review posted content. If you do post
content or submit material, and unless we indicate otherwise, you grant FLORIST
and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant FLORIST and its associates and sublicensees
the right to use the name that you submit in connection with such content, if
they choose. You represent and warrant that you own or otherwise control all of
the rights to the content that you post: that the content is accurate: that use
of the content you supply does not violate this policy and will not cause
injury to any person or entity: and that you will indemnify FLORIST or its
associates for all claims resulting from content you supply. FLORIST has the
right but not the obligation to monitor and edit or remove any activity or
content. FLORIST takes no responsibility and assumes no liability for any
content posted by you or any third party.
RISK OF LOSS
All items purchased
from FLORIST are made pursuant to a shipment contract. This basically means
that the risk of loss and title for such items pass to you upon our delivery to
the carrier.
PRODUCT DESCRIPTIONS
FLORIST and its
associates attempt to be as accurate as possible. However, FLORIST does not
warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by FLORIST
itself is not as described, your sole remedy is to return it in unused
condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY FLORIST
ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLORIST MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLORIST
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLORIST
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FLORIST ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLORIST WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting FLORIST,
you agree that the laws of the state of DEFINE_STATE, DEFINE_COUNTRY, without
regard to principles of conflict of laws, will govern these Conditions of Use
and any dispute of any sort that might arise between you and FLORIST or its
associates.
DISPUTES
Any dispute relating
in any way to your visit to FLORIST or to products you purchase through FLORIST
shall be submitted to confidential arbitration in DEFINE_STATE, DEFINE_COUNTRY,
except that, to the extent you have in any manner violated or threatened to
violate FLORISTs intellectual property rights, FLORIST may seek injunctive or
other appropriate relief in any state or federal court in the state of
DEFINE_STATE, DEFINE_COUNTRY, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The
arbitrators award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our
other policies, such as our Shipping and Returns policy, posted on this site.
These policies also govern your visit to FLORIST. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. If any
of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding
our Conditions of Usage, Privacy Policy, or other policy related material can
be directed to our support staff by clicking on the "Contact Us" link
in the side menu. Or you can email us at: sales@floristtea.com