GENERAL CONDITIONS OF SALE AND USE
— OVERVIEW
This website is operated by Floral Outfit. Throughout the site, the terms “we”, “us” and “our” refer to Floral Outfit. Floral Outfit 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 this website and/or purchasing any of our products, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms”, “Terms and Conditions”), including any additional terms and policies referenced and/or hyperlinked herein. These Terms apply to all users of this website, including, but not limited to, users who browse the website, are sellers, customers, merchants and/or content contributors.
Please read these terms of sale and use carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these terms and conditions. If you do not agree to all the terms of this agreement, you should not access the website or use the services offered on it. If these Terms of Sale and Use are considered an offer, acceptance is expressly limited to these Terms of Sale and Use.
Any new features and tools added to this shop in the future will also be subject to these terms and conditions. You can view the latest version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale and 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 website following the posting of any changes constitutes your acceptance of those changes.
Our shop uses WordPress CMS with WooCommerce.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these Terms of Sale and Use, you represent that you are of legal age in your country, state or province of residence and that you have given us your consent to allow minors in your care to use this website.
You are prohibited from using our products for any illegal or unauthorized purpose, nor may you, by using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these conditions will result in the immediate termination of your services.
SECTION 2 – TERMS AND CONDITIONS
We reserve the right to deny access to the Services to any person at any time.
and for whatever reason.
You understand that your content (excluding your credit card information) may be transmitted in an unencrypted manner, and this involves (a) transmissions across different networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card data is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service or use of the service, or any access to the service or contact on the website through which the service is provided, without our prior express written permission.
The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information available on this website. The content of this website is provided for information purposes only and should not be used as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content of this website, you do so at your own risk.
This website may contain some prior information. Such prior information is by its nature not current and is provided for information purposes only. We reserve the right to change the content of this website at any time, but we have no obligation to update the information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 – CHANGES IN SERVICES AND PRICES
The prices of our products are subject to change without prior notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice and at any time.
We will not be liable to you or any third party for any modification, suspension or termination of the service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online through our website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our returns policy.
We have done our best to show as clearly as possible the colors and images of our products displayed in our shop. We cannot guarantee that your computer screen will display the colors correctly.
We reserve the right, but are not obliged, to restrict the sale of our products or services to any person, and in any geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to
stop offering a product. Any offer of services or products made on this website is void where prohibited by law.
We do not guarantee that the quality of the products, services, information or other goods you receive or purchase 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, at our discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change an order or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number you provided when the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, may appear to come from merchants, retailers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed in our store. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you if necessary.
For more information, see our Return Policy. SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
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 have no legal liability arising from or related to the use of these optional third-party tools.
If you use any of the optional tools offered on the website, you do so at your own risk and discretion, and you should read the terms and conditions under which such tools are offered by the relevant third party provider(s).
We may also in the future offer new services and/or features on our website (including new tools and resources). These new features and services will also be subject to these Terms.
SECTION 8 – LINKS TO THIRD PARTIES
Some content, products and services available through our Service may contain material from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are under no obligation to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, site, product, service or other item available on or from such third party sites.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or other transactions carried out in connection with such third party websites. Please read carefully the policies and practices of third parties and make sure you understand them before entering into any transaction. Complaints, claims, problems or questions regarding products from these third parties should be submitted to the same third parties.
SECTION 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, at our request, you submit specific content (e.g., to enter contests), or if, without our request, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, “Feedback”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and use in any media any Feedback that you submit to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but are not obligated to, monitor, edit or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that violates any intellectual property right or these Terms and Conditions.
You agree to post comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, libelous, offensive or obscene material, nor will they contain computer viruses or other malicious software that may in any way affect the operation of the Service or any associated website. You must not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for comments posted by you or by any other third party.
SECTION 10 – PERSONAL DATA
The submission of your personal data in our shop is governed by our privacy policy. Click here to view our privacy policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our website or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We have no obligation to update, change or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.
SECTION 12 – PROHIBITED USE
In addition to the prohibitions set out in the Terms of Use, you are prohibited from using the Website or its content (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts;
(c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or any third party’s intellectual property rights; (e) to harass, abuse, insult, harm, defame, libel, disparage, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability (f) provide false or misleading information; (g) upload or transmit viruses or any other type of malware that will or may be used to compromise the functionality or operation of the Service or any associated, unrelated website or the Internet; (h) collect or track the personal data of others; (i) spam, phishing, hijacking, extorting information, browsing, exploring or scanning the web (or any other resource); (j) for obscene or immoral purposes; or (k) interfere with or circumvent security measures on our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of the prohibited uses.
ARTICLE 13 – PROHIBITED USE
In addition to the prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for unlawful purposes; (b) to induce others to perform or engage in unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, harm, defame, disparage, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability (f) provide false or misleading information; (g) upload or transmit viruses or any other type of malware that will or may be used to compromise the functionality or operation of the Service or any associated, unrelated website or the Internet; (h) collect or track the personal data of others; (i) spam, phishing, hijacking, extorting information, browsing, exploring or scanning the web (or any other resource); (j) for obscene or immoral purposes; or (k) interfere with or circumvent security measures on our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We make no warranty or representation that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that can be obtained through the use of the service will be accurate or reliable.
You agree that we may from time to time suspend the service for indefinite periods of time or cancel the service at any time without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services provided to you through the Service are provided (unless otherwise expressly stated by us) on an “as is” and “as available” basis for your use without representation, warranty or condition of any kind, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
purpose, durability, title and non-infringement.
In no event shall Floral Outfit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any damage, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs, or similar damages, whether in contract, tort (including negligence), in contract, tort (including negligence), in contract, tort (including negligence), strict liability or otherwise, as a result of strict liability or otherwise, arising out of your use of any Service or product from the Service, or for any other claims relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted or otherwise made available via the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold Floral Outfit, our parent, 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.
ARTICLE 16 – SEVERABILITY
If any provision of these Terms of Sale and Use is held to be illegal, invalid or unenforceable, such provision shall nevertheless be enforced to the extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Sale and Use, and such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 17 – TERMINATION
The obligations and liabilities incurred by the parties before the date of termination shall continue in all respects after the termination of this Agreement.
These General Terms and Conditions apply unless and until terminated by either you or not. You may terminate these Terms of Sale and Use at any time by notifying us that you no longer wish to use our services, or when you stop using our website.
If we, at our sole discretion, consider that you have failed, or we suspect that you have failed, to comply with the terms of these Terms of Sale and Use, we may also terminate this Agreement at any time without prior notice to you and you will remain liable for all amounts owed up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
SECTION 18 – THE WHOLE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Sale and Use shall not constitute a waiver of such right or provision.
These Terms of Use or any other operating policies or rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Sale and Use shall not be construed against the writing party.
ARTICLE 19 – APPLICABLE LAW
These Terms of Sale and Use, as well as any separate agreement by which we provide Services to you, shall be governed by and construed in accordance with the applicable laws of Mexico.
ARTICLE 20 – DELIVERY CONDITIONS
Delivery times are given as an indication and are generally in the order of 1 to 3 weeks. The company undertakes to fully compensate the customer in the event of an exceptional problem requiring a delivery time of more than 7 weeks.
Risks – Transport – Reception: Our goods are always transported at the buyer’s risk; the transfer of risk takes place when the products are handed over to the carrier or when they leave our warehouses.
The customer’s unreserved receipt of the products ordered covers all obvious faults and/or defects. Any goods that have not been the subject of immediate reservations on the delivery note and confirmed by registered letter with acknowledgement of receipt within 3 days of receipt to the carrier, in accordance with Article L. 133-3 of the Commercial Code, a copy of which is simultaneously sent to our company, will be considered as accepted by the customer. It is the responsibility of the buyer to provide proof of the reality of the faults or defects noted. No return of goods may be made by the customer without prior agreement with our company.
We are not responsible if the parcel is not received by the customer who has all the information to enable him to take care of it.
ARTICLE 21 – CHANGES TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the latest version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes on our website. It is your responsibility to visit our website regularly to check for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Sale and Use constitutes your acceptance of those changes.
ARTICLE 22 – CONTACT INFORMATION
Questions about the General Conditions of Sale and Use should be sent to us at hello@floraloutfit.com.
