Terms of Use

OVERVIEW

This website is operated by My Flower Days. Throughout the site, the terms "we", "us" and "our" refer to My Flower Days. My Flower Days offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing anything from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms and Conditions"), including any additional terms and conditions and policies referenced herein and/or available through hyperlink. These Terms of Use apply to all users of the Site, including but not limited to users who are browsers, providers, customers, merchants and/or contributors of Content.

Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this Agreement, do not visit the Site or use any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current store will also be subject to the Terms of Use. You may review the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the Site following the posting of changes will constitute your acceptance of those changes.

Our store is hosted by Shopify Inc. they provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS AND CONDITIONS.

By agreeing to these Terms of Use, you represent that you are at least of age in the state or province where you reside, or that you have given us permission to allow all of your minor dependents to use this website.

You may not use our products for illegal or unauthorized purposes, nor may you violate any law in your jurisdiction (including, but not limited to, copyright laws) while using the Service.

You may not transmit any worms or viruses or other code of a destructive nature.

Violation or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You acknowledge that your Content (except credit card information) may be transmitted unencrypted and may (a) involve transmission over various networks and (b) involve modifications to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of or access to the Service, or any contact on the website through which the Service is provided, without our express written consent.

The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information on this website is not accurate, complete or current. The material on this website is intended for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or more current sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information is necessarily not current and is provided solely for your information. We reserve the right to change the content of this website at any time, but we make no commitment to update the information on our website. You agree that it is your responsibility to check for any changes on our website.

SECTION 4 - CHANGES IN SERVICES AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may only be available online through the Site. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of colors on your computer screen will be accurate.

We reserve the right, but have no obligation, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time in our sole discretion without notice. We reserve the right to discontinue any product at any time. Any offer for a product or service on this website is void where prohibited.

We do not guarantee that the quality of any product, service, information or other material you purchase or receive will meet your expectations or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION.

We reserve the right to refuse any order 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 apply to orders from or under the same customer account, same credit card, and/or orders with the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number you provided with the order. 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 you make from 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 if necessary.

For more details, please read our return policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or import.

You acknowledge and agree that we are providing access to these resources "as is" and "as available" without warranties, representations or conditions of any kind and without approval of any kind. We shall not be liable for any damages arising out of or in connection with your use of Third Party Optional Tools.

Any use of Optional Tools offered through the Website is done entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions under which the tools are offered by the relevant third party or parties offering the tools.

We may also, in the future, offer new services and/or features through the Website (including releasing new tools and resources). Such new features and/or services will also be subject to these Terms of Use.

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available through our Service may contain material provided by third parties.

Third party links on this Website may direct you to third party websites that are not affiliated with us. We are not responsible for verifying or evaluating the content or accuracy, and we make no warranties and assume no liability or responsibility for any third party material or websites, or for any other third party material, products or services.

We shall not be liable for any damages or harm in connection with the purchase or use of any goods, services, resources, content or other transactions conducted in connection with third party websites. Please read and understand the third party policies and practices carefully before making any transaction. Any complaints, claims, concerns or questions regarding Third Party Products should be directed to the Third Party Provider.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.

If you make certain specific submissions (e.g., contest submissions) in response to our request or submit creative ideas, suggestions, plans or other materials online, by email, by mail or otherwise (collectively, "Comments") without our request, you agree that we may edit, copy, publish, distribute, translate and otherwise use the Comments you submit to us in any medium at any time and without restriction. We are not and will not be obligated to (1) keep Comments confidential, (2) pay a fee for Comments, or (3) respond to Comments.

We have the right, but not the obligation, to monitor, edit or remove any content that, in our sole judgment, is unlawful, abusive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Use.

You agree that your comments do not violate the rights of any third party, including copyrights, trademarks, privacy, personal rights, or any other personal or proprietary rights. You further agree that your Comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or contain computer viruses or other malware that could in any way interfere with the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or in any way mislead us or third parties about the origin of your Comments. You are solely responsible for your comments and their accuracy. We take no responsibility and accept no liability for comments posted by you or any third party.

Comments about products on this website may be exported by the original supplier.

SECTION 10 - PERSONAL INFORMATION

Your provision of personal information through the Shop is subject to our Privacy Policy. Please see our Privacy Policy for more information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our Site or Service that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel an order if information on the Service or any related website is inaccurate at any time without notice (including after you submit your order).

We have no obligation to update, modify or clarify any information on the Service or related websites, including but not limited to pricing information, unless we are required to do so by law. No update date stated in the Service or on any related website should be construed as indicating that all information in the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USE

In addition to any other prohibitions contained in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, hurt, defame, disparage, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that is used or may be used in a manner that disrupts the functionality or operation of the Service or any related website, other websites, or the Internet (h) to collect or track personal information of others; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or related websites if you violate any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that we may from time to time remove the Service indefinitely without notice or terminate the Service at any time.

You expressly agree that the use or inability to use the Service is at your own risk. The Service and all products and services made available to you through the Service are provided (unless expressly stated by us) "as is" and "as available" for your use without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall My Flower Days, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence) strict liability or otherwise, arising out of your use of the Service or products obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, errors or omissions in any Content or loss or damage of any kind incurred as a result of using the Service or any Content (or product) posted, transmitted or otherwise made available through the Service, even if you were advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNITY

You agree to indemnify, defend and hold harmless My Flower Days and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents referenced herein, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Use is declared unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use; such provision shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the Termination Date shall survive the termination of this Agreement for all purposes.

These Terms of Use are effective unless and until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or if you no longer use our website.

If, in our sole discretion, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Services (or any part thereof).

ARTICLE 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use will not be construed against the drafter.

SECTION 18 - APPLICABLE LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Belgium.

SECTION 19 - AMENDMENTS TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our Website or the Service following the posting of changes to these Terms of Service will be deemed acceptance of those changes.

PART 20 - CONTACT INFORMATION

Questions about the Terms of Service should be directed to us at contact@myflowerdays.com.