Please read these Terms carefully.
By accessing or using our services, you are bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of our Services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use our Services.
You agree that you do not have any rights in the services of Send Flowers To New Zealand and Send Flowers To New Zealand will have no liability to you if our Services, or any portion thereof, are discontinued or your ability to access or use Send Flowers To New Zealand is terminated.
1. Authorized Users.
You affirm that you are 13 years of age or older. Indeed, to make a purchase through us, you must be 18 or older and must have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use our services if you are unable to form a legal binding agreement with us.
2. Accounts and Passwords.
You may establish an account to use or access certain features of the website. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your account. By logging into the website, you represent and warrant that: (a) you are the customer who registered for our Services; and (b) that you are using our services only for permitted purposes. You will immediately notify us by providing a notice to our customer service of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) 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 (iii) you will not select or utilize a user name that us in its sole discretion deem offensive.
We reserve the right, in our sole discretion to immediately and without notice, to suspend or terminate your account or your ability to access our Services for any reason, including, without limitation, any breach of these Terms by you.
3. Procedures for Purchases.
By accessing or using our Services, you agree to the various policies and procedures that apply to the purchase of the products or services offered through our Services, which are made part of these Terms. Prices will be those in effect at the time of purchase (in U.S. dollars or in your local currency) and unless otherwise specified, exclude shipping fee. Pricing is based upon product ava ilability and delivery address and is subject to correction or change at any time without notice. You are responsible for payment of the entire amount. All products are subject to availability. We reserve the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.
You authorize Send Flowers To New Zealand to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits Send Flowers To New Zealand to (a) debit or credit your credit card, debit card, or other payment methods that we accept ("Cards"); or (b) initiate recurring charges from your Cards if you signed up for a service that requires automatic billing. When you place an order, you authorize and order us to commit your payment to the applicable entity. Your authorizations will remain in full force and effect while you maintain your account with us.
A.) Substitution Policy.
Substitutions may be necessary to ensure your arrangement or specialty gift is delivered in a timely manner. The utmost care and attention is given to your order to ensure that it is as similar as possible to the requested item.
Teddy Bear/Plush Soft Toys
Gift Hampers/Chocolates/Chocolate Hampers
The images used are studio images and are for display purposes only. Actual products may differ from the product images that are displayed. Regardless of variations in products, we guarantee smiles with every order.
C.) Delivery Time
The time slot selected for delivery is treated as a preference and is not a fixed time for delivery. We at Send Flowers To New Zealand only guarantee delivery on a specified date and not within a specified time frame provided the order is placed before our cut-off date and time for guaranteed delivery and accurate delivery details are given.
D.) Element Of Surprise/Prior Contact
We reserve the right to contact the recipient to verify the accuracy of the delivery address and to schedule appointments for delivery.
E.) Delivery Failure
No refund will be processed even for an un-delivered order provided the delivery failure is a result of an incomplete or inaccurate address, recipient not being available at the time of delivery or in case the "Recipient refuses to accept the order
F.) Cancellation And Refunds
Our returns and refund policy is separately displayed on the website and is subject to and made part of these Terms and Conditions
G.) Local Pricing
We use the services of a local florist/local partner to execute orders and so our prices may be higher e as compared to the prices available locally. The price displayed covers both the cost of the products plus the service provided to organize delivery of the product with the customized greeting message. We are not liable to process any refund arising due to the price difference.
H.) Foreign Transaction Fees
A foreign transaction (FX) fee is a surcharge on your credit card bill that appears when you make a purchase that either passes through a foreign bank or is in a currency other than the U.S. dollar (USD). This fee is charged by many credit card issuers, typically ranging from 1% to 3% of the transaction. We bear no responsibility in case you bank applies the same on top of the transaction amount.
4. Our Content.
The content including on our website, including original artwork, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans etc. is the property of Send Flowers To New Zealand or its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.
You are authorized to access and use out Services and related Content; provided that: (a) your use of our Services and our Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of our Services or content on any media without our prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of our Services or content other than as may be reasonably necessary to use that part of our Services or Content for its intended purpose; and (d) you will otherwise comply in full with these Terms. Any access or attempt to access other areas of any computer system or other information contained on the system for any purpose other than as intended by Send Flowers To New Zealand is strictly prohibited.
5. User Content.
6. Third Party Content.
We have no control over and we are not responsible and assumes no liability for: (i) any third party content contained within our Services; or (ii) the applicable third parties.
You shall not violate or attempt to violate the security of our Services. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations
With respect to all communications with Send Flowers To New Zealand including, without limitation, feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and we have no obligation to protect your communications from disclosure; (b) We shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) We shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.
By using any of the our Services, you agree to indemnify and hold Send Flowers To New Zealand, its parent company, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your improper use of such our Services; (b) any User Content provided or used by you; or (c) your violation of these Terms.
11. Warranty Disclaimer
Your use of our services is at your sole risk, We at Send Flowers To New Zealand make no warranty that our service will met you requirements except as otherwise set forth in these terms. All our services including without limitation, any materials, products or services provided in connection therewith, are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express, statutory or implied including without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration. We also disclaim any liability for claims arising out of misuse, improper product selection, improper installation, product modification or misapplication. We do not warrant that our services will be available or operate in uninterrupted, Error-Free or completely secure manner or that errors or defects will be corrected
12. Limitation of Liability
We shall not be liable to you or any other person for any special, exemplary, indirect, incidental, punitive or consequential damages, costs or attorney’s fees arising out of or relating to these terms or the access to, use or operation of our services including, without limitation, any materials, products or services provided in connection with our services is limited to the purchase price paid for the material, product and/or service that gives rise to such liability.
13. Force Majeure
We shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labour disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, grower delays at the farm level, delays due to product held by the Customs for inspection, or any other circumstance or cause beyond our reasonable control in the conduct of its business.