CUSTOMER TERMS & CONDITIONS – She Wore Flowers

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CUSTOMER TERMS & CONDITIONS

Customer Terms and Conditions

  1. Introduction

She Wore Flowers Ltd. (“SWF”, “we”, “us”) owns and operates the website www.sheworeflowers.com (the “Website”). These terms and conditions (the “Terms”) comprise an electronic contract between you and us in connection with your use of the Website and the services provided to you by us (collectively, the “Services”). It is imperative that you read and fully understand the Terms as by accessing the Website you acknowledge that you have read, understood and agree with the Terms. If you do not wish to be bound by these Terms, please stop using the Website immediately. If you breach any provisions of these Terms, your right to access the and use this Website will cease immediately.

In addition to reading these Terms, you should also refer to the terms and conditions of each individual Designer Partner ("Seller”), which you can find via the link on the bottom of their product pages, before making any order.

  1. Acceptance of terms

By accessing or using the Website you accept and agree to the terms, conditions and notices contained or referenced herein and consent to have the terms and all notices provided to you in electronic form. We may update or change these Terms from time to time. Such modifications will become effective upon posting on the Website. We will notify you of said changes by uploading details of them on the Website. You should review the Terms periodically for changes so that you are aware. To withdraw your consent, you must cease using the Website.

If you breach any provision of these Terms, your right to access and use this Website shall cease immediately.

  1. Description of our Services

Our Services provide a marketplace through which you can connect with Sellers and view or purchase their products. Transactions between you and Sellers are strictly between you and the Sellers. While we provide the marketplace, we are not a party to or otherwise part of any transactions and we are not liable for anything that may occur during a transaction. Any decision to enter into a transaction with a Seller is a decision made at your sole discretion and own risk. You should review the Seller’s terms and conditions prior to making a purchase and make note of and accept these SWF Terms and Conditions which contain additional policies and terms.

Unless pertaining to marketing or similar purposes, at no time do we possess inventory for sale by Sellers through the Website. We do not provide any guarantee that products and/or services you purchase from Sellers through the Website are available or will be of satisfactory make or quality.

We reserve the right to amend, terminate, or restrict your access to the Services, in whole or in part, without notice. If the Services are unavailable at any time or for any duration of period, we will not be liable.

  1. Placing an Order

The shopping cart on the Website shows the items you have chosen to purchase as well as details of the Seller who is providing them and the details of the postage. By placing an order though the Services (an “Order”), you agree to these Terms and the relevant details on the product page of the goods and/or services you purchased. You also agree to the seller’s terms. After you have placed an Order, we will disclose your customer information to the Seller related to that product listing in order for them to fulfill your Order. An Order will not be considered to be accepted by the Seller until the Seller acknowledges the Order to you via email.

Orders can only be paid for using the methods of payment made available on the Website or by redeeming gift vouchers/gift cards that have been created by us. Payment is collected in US dollars. You accept that some financial institutions may charge fees pertaining to transactions that need to be currency converted. We will not accept cheque or cash payments at any time.

We reserve the right to refuse service or refuse to process any transaction at any time to anyone at our own discretion and will not be held liable to you or any third party for choosing to refuse a transaction or choosing to not complete a transaction already in the process of completion.

  1. Delivery

Delivery costs vary for each Seller and it is up to the Seller to set their own delivery costs. Any delivery times are quoted in working days and may vary from the actual time that it takes for an Order to arrive to you.

Neither us nor the Seller are responsible for delays in delivery due to postage or delivery arrangements, or for incorrect delivery information provided by you. If you have purchased goods that are outside of your country of residence, you may be subject to fees pertaining to customs or duties and taxes that are levied when the delivery reaches the specified destination. You are solely responsible for payment of such fees and charges, and neither we nor the Sellers have any control of such fees and cannot predict their amount. If you have any questions pertaining to these fees, please contract your local customs office for further information prior to making a purchase on the Website.

  1. Returns

Many items listed on the Website are handmade and made to order, and are therefore non-refundable in many cases. Sellers dictate their own return policies and you should read each Seller’s terms and conditions listed on the bottom of the product page prior to making a purchase. You must also ensure you are in agreement with these SWF Customer Terms which are located at the bottom of the home page, as by using the service you agree to them. If you wish to discuss a return, you must contact the Seller directly using the email address provided to you at the time of Order confirmation. In cases where a return or refund is deemed acceptable, you will receive moneys back once the item is back in the possession of the seller and it is verified that there is no loss in value and that there was no use of the item. Any loss in value is the responsibility of the customer and this will be deducted from the refund amount. Dependent on a Designer’s location and other mitigating factors, the refund amount will be subject to a restocking fee, thereby equating to less than what was originally paid. SWF’s return fee will in some cases vary between $10-$15 USD and this is due to the designer’s location/currency transfer fees associated with payments. Your refund amount may also be subject to losses due to exchange rates. If you have any questions pertaining to a refund, you should contact the seller, as SWF does not hold inventory or have any part in the contract between Customer and Seller. Buyers are always responsible for paying for the return shipping. Items must be returned to the seller who created the item(s) in your order.

  1. Your Account

As part of your use of the Services, you may create an account (an “Account”). Each user may have only one Account. You must be at least 19 years of age to use the Services and create an Account. It is your responsibility to ensure that all information, content, material, or data you provide in your Account is at all times correct, complete, accurate, and not misleading. We accept no responsibility for any loss or damage to you arising from Account information that is not correct, complete, and accurate, or is misleading. We may reject or require that you change, any user name, password or other information that you provide to us in registering your Account.

It is your responsibility to keep all of your Account information confidential, including but not limited to your username, password and other identifying information. You are solely responsible for all activities undertaken through the Services using your username, password, or other Account information. You must notify us immediately of any unauthorized or suspected unauthorized use of your Account. We accept no responsibility for loss or damage resulting from failure to keep your information confidential or from failing to notify us of unauthorized use of your Account.

You may delete your Account at any time by following the guidelines on the Website.

We may, in our sole discretion, terminate your Account and your access to the Services at any time if you are in breach of these Terms or due to prolonged inactivity.

  1. User Content

You shall retain ownership of any views, opinions, reviews, ratings, comments, content or material you submit, display, distribute, upload, post, share, publish or otherwise make publicly available on or through the Services (the “User Content”). You grant (and you represent and warrant that you have the right to grant) to SWF an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works including for marketing purposes, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Content. Any User Content that you upload to the Website will be considered non-confidential and we have the right to use, copy, or distribute it to third parties for any purpose.

You are not to collect, upload, transmit, display, or distribute any User Content that:

  • violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
  • is harmful to minors in any way; or
  • is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

You are responsible for your User Content. We do not sponsor or endorse your User Content. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms or otherwise create liability for us or any third party. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

We make no guarantees regarding the accuracy, currency, suitability, or quality of any content from Sellers or other Website users. Your interactions with Sellers and other Website users are solely between you and such other persons. You agree that SWF will not be responsible for any loss or damage incurred as the result of any such interactions.

We are not obligated to keep a backup of the User Content. We accept no liability for lost User Content.

  1. Gifts and Gift Cards

It is your responsibility to ensure that the delivery email address entered when sending a gift or gift card is correct. We and the Sellers are not responsible for the incorrect email delivery of gift cards or incorrect delivery of gifts due to an error by a customer.

Gift cards are only available for purchase in US dollars using the Website’s displayed accepted payment methods. We reserve the right to refuse to accept payment by means of a gift card that has been deemed to have been copied/duplicated or is suspect to be fraud. Gift cards are not an arrangement between you and the Seller, but rather an arrangement between you and SWF. They cannot be returned or refunded or exchanged for cash value. A gift card cannot be used to purchase another gift card. There is more information on how to purchase and redeem gift cards on the FAQ section of the Website.

We are not responsible for gift cards that have been received into one’s spam or junk folder, or have been failed to deliver due to mailbox size or limitations.

  1. Promotional Codes

Promotional codes are an arrangement between you and us, not you and the Seller. There may be times that only certain Sellers are taking part in promotional events, and we reserve the right to set the rules as to what products any promotional codes can be used towards.

Promotional codes cannot be used alongside any other offer on the Website. For instance, only one promotional code can be used per transaction. Promotional codes cannot be used to purchase gift cards. Promotional codes have no cash value.

Promotional codes do not apply to delivery charges. They should be entered on the payment page prior to checkout completion. We reserve the right to set the dates in which promotional codes are valid and we are within our rights to change, suspend, or cancel a promotional code at any time.

Any refund that occurs will not include promotional code redemption and you will not receive more funds than the amount you paid towards your final cart value.

  1. Permitted Use of Website

Our Website is licensed, not sold. We grant you non-exclusive, non-transferable, revocable, limited license to access our Website.

You are not permitted to use the Website:

  • in any unlawful or fraudulent manner, or any other manner prohibited by the Terms;
  • to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  • to send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  • to use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
  • to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
  • to attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
  • to harass or interfere with any other user’s use and enjoyment of the Website;
  • to use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website;
  • to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or
  • to licence, sell, rent or lease any part of the Website.
  1. Intellectual Property

SWF owns and retains all proprietary rights in the Website and Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of SWF. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website or Services. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Subject to the limited licenses granted in these Terms, no licence is granted to you or any other party for the use of SWF’s intellectual property.

Any third party trademarks, service marks or other intellectual property displayed on through the Website or Services are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third party intellectual property used in the Website, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third party intellectual property for your own purpose.

  1. Disclaimer of Warranties

You agree that:

  • If you use the Website, you do so at your own and sole risk. The Website is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
  • If you access or transmit any content through the use of the Website, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Website, whether caused by users or by any of the programming associated with or utilized in the Website. We are not responsible for the conduct, whether online or offline, of any user of the Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

We do not warrant that:

  • the Website will meet your requirements;
  • access to the Website will be uninterrupted, timely, secure, or error-free;
  • the quality or reliability of the Website will meet your expectations;
  • any information you provide or we collect will not be disclosed to third parties;
  • any account on the Website is accurate, up to date or authentic; or
  • third parties will not use your confidential information in an unauthorized manner.

Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or any conduct or interactions between users of our Website, whether online or offline.

  1. Limitation of Liability

You agree that neither we nor our affiliates, officers, directors, employees, agents and licensors will be liable for any damages whatsoever, including direct, indirect, incidental, punative, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Website, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability, or losses arising from, relating to, or connected with:

  • the use or inability to use the Website;
  • disclosure of, unauthorized access to or alteration of your Account;
  • actions or inactions of other users or any other third parties for any reason; or
  • any other matter arising from, relating to or connected with the Website or these Terms.

We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.

SWF expressly disclaims any liability that may arise between users related to or arising from use of the Website. You hereby release and forever discharge SWF and its affiliates, officers, directors, employees, agents and licensors from any and all claims, demands, damages (actual or consequential) of every kind and nature, whether known or unknown, contingent or liquidated, arising from or related to any dispute or interactions with any other user, whether online or in person, whether related to the use of the Website or otherwise.

You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Website. You acknowledge and agree that such provisions are reasonable and fair.

  1. Indemnity

You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Website or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.

  1. Privacy

We are committed to protecting your privacy. We process your information in line with our Privacy Policy. By using the Website, you agree to the way in which we process and deal with your personal information.

  1. Third Party Links

We may provide links through the Website to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. SWF has not reviewed all of the sites linked through the Website and accepts no responsibility for the contents or use of third party websites. The inclusion of any link does not imply endorsement by us Bay of the website. Use of any such linked websites is at the user's own risk. Any links to third party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.

  1. Feedback or Complaints

Any feedback or complaints pertaining to the Website are welcome and can be submitted by emailing us at info@sheworeflowers.com.

Any issues or complaints pertaining to a specific Seller must be directed to that Seller specifically by means of the contact details provided in our Designer Partners section of the website, which will have an email link specific to that Seller. You must provide your Order details that would have been emailed to you after your item purchase.

In the event a dispute arises between us and you out of or in connection with these Terms, the parties shall attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.

  1. General

These Terms shall be governed by, and construed under, the laws of the Province of British Columbia.

If any portion of these Terms are deemed to be invalid or unenforceable by any competent authority, such a term or condition will be severed from the remaining terms, conditions and provisions which continue to be valid to the fullest extent of the law.

These Terms and any other documents referred to in them establish the entire agreement between us and supersedes and terminates all previous written or oral agreements, drafts, and arrangements between us relating to its subject matter.

No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.

  1. Contact

If you have any questions or concerns about these Terms, you may contact us at info@sheworeflowers.com.

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