TERMS AND CONDITIONS
These terms and conditions (the "Terms") govern the use of https://helenkimsflowers.wixsite.com/website (the "Site"). This Site is owned and operated as “Flowers and Balloons”.
Throughout the site, the terms “we”, “us” and “our” refer to Flowers and Balloons.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
All content published and made available on our Site is the property of Flowers and Balloons and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable and Prohibited Uses
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Violate the intellectual property rights of the Site owners or any third party to the Site; or
Act in any way that could be considered fraudulent.
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:
In any way that violates any applicable federal, provincial, municipal, international law or regulation (including, without limitations, any laws regarding the export of data or software to and from Canada or other countries);
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
To transmit, or procure the sending of, spam, phish, pharm, pretext, spider, crawl, or scrape;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Flowers and Balloons or users of the Site or expose them to liability.
Additionally, you agree not to:
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
Otherwise attempt to interfere with the proper working of the Site.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Representations By You
By visiting any of the Sites, you represent, warrant and covenant that:
you are at least 18 years old;
you are a resident of Canada; and
all materials of any kind submitted by you through the Sites or for inclusion on the Sites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
These Terms and Conditions govern the sale of goods and services available on our Site.
Goods and services will be paid for in full when ordered.
These Terms and Conditions apply to all the goods that are displayed on our Site. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible and are intended to give an approximation of what your product may look like. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
While we fulfill your orders to match the images on the site as closely as possible, we cannot guarantee that your computer monitor's display of the colours of the products we sell will be accurate or that the colours, containers or any part of your order will be exactly as shown in the images on the Site.
Occasionally, due to stock unavailability substitutions may be necessary. When substitutions are necessary, equal value replacements are used to maintain the style, theme and color scheme of the original order. You will be notified and asked to give confirmation before substitutions are made.
Orders placed during peak holidays (Valentine's Day, Mother's Day, Christmas, etc ) are final. Orders placed at other times may be cancelled forty-eight (48) hours before the delivery or pick-up date. Also be aware it may not be possible for us to accept cancellations on orders at other times of the year if we have already started to process your order. When we can accept a cancellation request, a $10 administrative fee may apply.
If you have any special instructions regarding your order, we will do our best to fulfill your request but be advised there is no guarantee we can follow them.
Special offers, coupons, or discounts cannot be used in conjunction with other offers, nor can they be redeemed for cash value. Limit one promotion per order.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Due to the custom nature of our products we do not accept returns, all products on the Site are sold on a non-returnable basis. However, we value your satisfaction and encourage you to reach out to us with concerns about your purchase. In some circumstances we may, at our discretion, provide a store credit.
We accept the following payment methods on our Site:
Debit Card; and
Flowers and Balloons does not store credit card information. Billing is done via third-party authorized billing agents, utilizing industry-standard security software.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument for all fees and charges associated with the purchase.
If the credit card information you provide is invalid, Flowers and Balloons reserves the right to cancel your order. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Accuracy of Billing and Account Information
We reserve the right to refuse any order or service you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site or in our Terms that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Terms or on any part of the website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in our Terms or on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Terms or on the Site, should be taken to indicate that all information in the Terms or on the Site has been modified or updated.
During the registration process you will be asked to create a unique username and password for access to certain portions of the Site or Services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account.
By logging into the Site, you represent and warrant that:
you are the customer who registered for the services;
you are using the services only for permitted purposes;
you are not a competitor of Flowers and Balloons, or agent thereof;
you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and
you will ensure that you exit from your account at the end of each session.
Please notify us at firstname.lastname@example.org of any potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that:
you will not select or utilize a user name of another person with intent to impersonate that person;
you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and
you will not select or utilize a user name that Flowers and Balloons in its sole discretion deems offensive.
Flowers and Balloons will provide Customers with support by telephone at 647-402-8756 or email at email@example.com.
Consumer Data, Feedback, and Metadata
Flowers and Balloons does not own and shall not be responsible for any data, information, or material authorized by the Customer to retrieve or submit to Flowers and Balloons in the course of using the Service (“Customer Data”). The Customer shall be solely responsible for the accuracy, integrity, quality, legality, reliability, appropriateness, and intellectual property ownership or right to use all of the Customer Data. Flowers and Balloons shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Customer Data.
The Customer may provide Flowers and Balloons with feedback, suggestions, comments, and ideas (“Feedback”) regarding the Service if the Customer chooses. The Customer agrees that the Feedback submitted to Flowers and Balloons does not contain any confidential or proprietary information and does not bind Flowers and Balloons to any obligation of confidentiality, express or implied. The Customer also agrees that the Feedback submitted to Flowers and Balloons may be used by Flowers and Balloons to reproduce, modify, create works, distribute, or disclose (or choose not to disclose) such Feedback for any purpose, in any way, in any media worldwide without any obligation or provide attribution or compensation to the Customer or any third party.
Consumer Protection Law
Where then Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Third Party Links & Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. In addition, we may provide links, plug-ins, widgets or other connections to other sites (third-parties) that may be of relevance and interest to users. Links on this site may direct you to the websites of third-parties who are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-parties and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Comments, Feedback and Other Submissions
If you send us any kind of information whether at our request or voluntarily, including but not limited to, certain specific submissions (for example contest entries), creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We endeavour but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Limitation of Liability
Flowers and Balloons and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of or inability to use the Site. None of these parties shall be liable under these Terms and Conditions for loss of actual or anticipated profits (including loss of profits on contracts), loss of anticipated savings, loss of business opportunity, loss of reputation or damage to goodwill, and special, indirect, or consequential losses. Under these Terms and Conditions in relation to any liability arising from any given event or series of connected events shall be limited to an amount less than or equal to CAD one hundred dollars ($100.00).
Except where prohibited by law, by using this Site you indemnify and hold harmless Flowers and Balloons and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision .
These Terms and Conditions are governed by the laws of the Province of Ontario.
Subject to any exceptions specified in these Terms and Conditions, if you and Flowers and Balloons are unable to resolve any dispute through informal discussion, then you and Flowers and Balloons agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Flowers and Balloons. The costs of any arbitration will be paid by the unsuccessful party.
If, at any time, any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. While we reserve the right to modify the contents of this site at any time, we have no obligation to update any information on our site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Please contact us if you have any questions or concerns. Our contact details are as follows:
Etobicoke, Ontario, Canada
You can also contact us through the contact form available on our Site.
Effective Date: 1st day of November, 2021