REGAL FLOWER DESIGN” TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Regal Flower Design’s use of cookies in accordance with the terms of our Privacy Policy.

License to use website
Unless otherwise stated, Regal Flower Design and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website, except for content specifically and expressly made available for redistribution.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Regal Flower Design’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Regal Flower Design’s express written consent.

Restricted access
Access to certain areas of this website is restricted. Regal Flower Design reserves the right to restrict access to certain areas of this website, or indeed this entire website, at our discretion.

If Regal Flower Design provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Regal Flower Design may disable your user ID and password at our sole discretion without notice or explanation.

No warranties
This website is provided “as is” without any representations or warranties, express or implied. Regal Flower Design makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Regal Flower Design does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Flower arrangements shown on the website are indicative only. We will do our best to provide you with a product that resembles that shown in the picture. It may be possible that the actual arrangement varies due to unavailability of flowers and other reasons beyond our control.

Delivery Conditions
Delivery of certain items may not be possible under certain uncontrollable circumstances. If delivery cannot be affected due to no fault of the customer, we will provide a 100% refund of your money.

We will deliver all orders with the maximum possible care to make sure that the order not only leaves our workshop in good condition but reaches the recipient in same condition.

We will attempt to deliver the order directly to the hands of the intended recipient but in cases where our delivery staff cannot reach the recipient due to some constraint like in offices, hospitals and public areas, the flowers will be handed over to a designated person by the receiving party. It is your responsibility to ensure that delivery to the intended recipient is possible, or else to nominate another individual to receive the flowers on their behalf.

In the case of residential delivery and the recipient is not at home we will contact the purchaser for further instructions. If the purchaser is unavailable, we will return the arrangement to our workshop. The purchaser must make new delivery arrangements within 24 hours. If we do not receive delivery arrangement within 24 hours we will consider the order delivered and no refund will be provided.

We will not call the recipient at their phone number before the delivery to maintain the element of surprise. But in cases where we are unable to locate the address or some other problem where contacting the recipient becomes necessary and the purchaser consents to such contact, we will call the recipient to make final arrangements for delivery.

You must provide us with the correct information required on the order form on the website and any extra information that you feel will help us reaching the right place of delivery. In case of incorrect information, we will not be responsible for the wrong delivery or for the delivery not being made at all.

Substitution Policy
We will try to deliver flower arrangements as shown on the website or as specified on the specific product page, but at times it is practically not possible to exactly replicate what is shown in a picture due to the nature of the flowers and seasonal constraints.

Since flowers are not available in all seasons and to make sure that your order is not delayed due to non-availability of a particular flower, we will, with the purchaser’s consent, substitute an unavailable flower with a flower of the same or higher value.

If substitution is not acceptable in your order, please do not check the box related to substitution and we will confirm availability of all flowers selected. If a particular flower is unavailable, we will contact the purchaser.

Limitations of liability
Regal Flower Design will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Regal Flower Design has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Regal Flower Design’s liability in respect of any:

  • death or personal injury caused by Regal Flower Design’s negligence;
  • fraud or fraudulent misrepresentation on the part of Regal Flower Design; or
  • matter which it would be illegal or unlawful for Regal Flower Design to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify Regal Flower Design and undertake to keep Regal Flower Design indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Regal Flower Design to a third party in settlement of a claim or dispute on the advice of Regal Flower Design’s legal advisers) incurred or suffered by Regal Flower Design arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to Regal Flower Design’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Regal Flower Design may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
Regal Flower Design may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
Regal Flower Design may transfer, sub-contract or otherwise deal with Regal Flower Design’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms and conditions, together with The Privacy Policy constitute the entire agreement between you and Regal Flower Design in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Vermont State law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Vermont.

Registrations and authorisations

Regal Flower Design is registered with Divisions of Corporation, State of Vermont. You can find the online version of the register at http://cgi3.sec.state.vt.us/cgi-shl/nhayer.exe. Regal Flower Design’s registration number is 0178785.

Regal Flower Design’s TAX ID number is 46-2587363

Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.