The following is the terms of the agreement between [Flowers Flowers] (Company and the user (buyer of goods or services through the Company’s Web site (the site). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
1. Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes.
3. Re-Delivery. Free delivery is provided for first delivery attempt (unless stated otherwise at the top portion of specific categories). Please make sure that the recipient’s contact and address details are correct, and that there will be someone else to receive the flowers on behalf of the recipient should the recipient is unable to do so. An additional charge of $15 will be imposed (except Jurong island and Changi airport, different rates apply, please check with us before purchasing) shall there be a redelivery. In case of eventual non delivery, no request for refund will be entertained due to the perishable nature of the product and the cost involved. In any case, we will try to deliver according to the requested time. However, in rare cases of late delivery due to circumstances beyond our control, we will not be liable for any claims arising out of such situations.
4. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
5. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
6. Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
7. Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.
8. Non-Transferable. Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
9. Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
10. Refund Policy. If the purchase of flowers are of poor quality or non-perishable gifts purchased is defective upon receiving, buyer can enjoy complimentary replacement of the products should they inform us immediately upon delivery, at the following address: 150 Orchard Road #04-16 Singapore 238841.This Section 9 sets forth Buyer sole and exclusive right to refund. There will be a 50% surcharge for cancellation of orders which are confirmed but yet been prepared. Order that are already in the midst of arranging or already prepared are not available for a refund.
11. Paypal Refund. There will be a fee of USD$0.30 or SGD$0.50 charged by Paypal for the reversal fee. The buyer will be liable for the fee when a Paypal refund is requested.
12. Use of Information. Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer use of the Site and all information provided by Buyer, subject to applicable law.