Terms and Conditions

Access to this Site and/or the Services (both defined below) is subject to these terms and conditions and our Privacy, Cookies and Data Protection Policy (collectively known as “Web Terms”). By accessing this Site, ordering Products and/or using the Services, you agree to be legally bound by these Web Terms. If you do not accept these Web Terms, please leave the Site and discontinue use of the Services immediately.

1. REPRESENTATIONS & WARRANTIES

You hereby declare that:

you have read and accepted the Web Terms in its entirety;
you have the necessary legal capacity, right, power, and authority to accept these Web Terms;
all information provided by you to FLOWERTOTEBAG is accurate and complete.

2. DEFINITIONS

In this Agreement:

Account is defined in Clause 5(i).
Agreement means the agreement formed by the Web Terms.
Content means product listings, descriptions, reviews, materials, information, data, text, images, software, comments, suggestions, and other content.
Marks means the logos, trademarks, and service marks used on the Site.
Privacy Policy means FLOWERTOTEBAG’s Privacy, Cookies and Data Protection Policy as reflected on the Site.
Products means FLOWERTOTEBAG products ordered and/or services provided on this Site.
Services is defined in Clause 3(ii).
Site means the website at flowertotebag.com or the mobile application.
Web Terms means the Site terms and conditions as well as the Privacy Policy.

3. SITE AND SERVICES

The Site is owned and maintained by FLOWERTOTEBAG.
FLOWERTOTEBAG may now or in the future offer services on or through the Site including online ordering of Products, access to Content, search tools, a platform to create and upload User Content, product reviews, forums, blogs, and other features.
By placing an order for Products or using certain Services, you agree to the Web Terms.

4. CONTENT USE CONDITIONS

You may not reproduce, modify, adapt, translate, publish, display, transmit, distribute, sell, trade, or exploit for any commercial purpose any portion of the Site, any Service, any FLOWERTOTEBAG Content, or any User Content without prior written consent from FLOWERTOTEBAG or the owner.
You agree not to reproduce, display, or provide access to the Services, FLOWERTOTEBAG Content, or User Content on another website or server without prior written permission.
All FLOWERTOTEBAG Content is the copyrighted work of FLOWERTOTEBAG or its providers. FLOWERTOTEBAG reserves all rights to its Content.
You may not decompile, reverse engineer, or attempt to discover the source code of any FLOWERTOTEBAG Content except where permitted by law.

5. PASSWORD & ACCOUNT

FLOWERTOTEBAG may require you to register an online account (“Account”) to access certain parts of the Site or Services.
Your Account is for your sole, personal use. You agree not to share it with others, transfer it, or use it for commercial purposes.
You shall provide accurate, complete, and up-to-date Account information.
You will select a password and user ID. You may not impersonate another person or use an offensive ID.
You shall promptly notify FLOWERTOTEBAG of any unauthorised use of your Account. You are responsible for safeguarding your login credentials.
FLOWERTOTEBAG shall have no liability for any loss arising from the wrongful use of your User ID and Password.
FLOWERTOTEBAG reserves the right to change or re-assign User IDs and/or Passwords at its sole discretion.

6. USE OF ACCOUNT INFORMATION

By providing information for your Account, you consent to FLOWERTOTEBAG’s use and disclosure of such information as set out in our Privacy Policy.

7. SUSPENSION AND TERMINATION OF ACCOUNT

FLOWERTOTEBAG has the right, in its sole discretion and without notice, to restrict, suspend, or terminate your access to all or any part of the Site or Services, or to terminate or deactivate your Account.
You agree not to hold FLOWERTOTEBAG liable for any loss incurred arising from the suspension or termination of your Account.

8. INTELLECTUAL PROPERTY

All intellectual property rights in the Services, the Site, and all FLOWERTOTEBAG Content shall remain with FLOWERTOTEBAG. Any unauthorised copying, distribution, or use of such intellectual property is prohibited.
The Marks displayed on this Site are the property of FLOWERTOTEBAG or other third parties. You are not permitted to use any Marks without prior written consent.
The domain name on which the Site is hosted is the sole property of FLOWERTOTEBAG.

9. ONLINE CONDUCT

You hereby agree:

to comply with these Web Terms and any other notices posted on the Site;
not to use any Service or FLOWERTOTEBAG Content for any unlawful purpose;
not to hack into, interfere with, or impair the operation of the Site, Services, or Servers;
not to use the Account of another user.

10. USER CONTENT & LICENCE

You agree to act reasonably when uploading User Content. You may not submit content that is illegal, misleading, defamatory, obscene, offensive, infringing on any rights, or that contains viruses or spam.
If you upload or post User Content to the Site, you automatically grant FLOWERTOTEBAG a non-exclusive, royalty-free, irrevocable, perpetual, worldwide licence to use, store, reproduce, modify, distribute, publish, and display that Content in connection with the Services and the Site.
You represent and warrant that your User Content is your own original work and does not infringe any third-party rights.
FLOWERTOTEBAG retains sole discretion to remove any User Content from the Site without assigning a reason.
You agree to indemnify FLOWERTOTEBAG against all claims arising from any User Content you submit.
Copyright in your User Content remains with you, subject to the licences granted under these Web Terms.

11. DISCLAIMERS & LIMITATIONS

FLOWERTOTEBAG provides the Site and Content on an ‘as is’, ‘as available’ basis without warranties of any kind. To the fullest extent permitted by law, FLOWERTOTEBAG disclaims all warranties, including implied warranties of merchantability or fitness for a particular purpose.
FLOWERTOTEBAG does not warrant that access to the Site will be uninterrupted or error-free, or that the Site is free of viruses.
You assume the entire cost of any necessary servicing or correction of your computer.
FLOWERTOTEBAG does not endorse any third-party products or services linked from the Site.
You agree that your use of User Content from other users is at your own risk.
FLOWERTOTEBAG may at any time, without notice, vary, terminate, or suspend the operation of the Site or Services.
In no event shall FLOWERTOTEBAG be liable for any indirect, special, or consequential damages resulting from the use or inability to use the Site or Services.
FLOWERTOTEBAG’s aggregate liability to you shall not exceed the total amount of fees and charges paid by you for the Services during the applicable period.

12. LINKED SITES

FLOWERTOTEBAG may provide links to other websites. FLOWERTOTEBAG has no control over and is not responsible for the content on those linked sites or any damage you may incur from them. You waive any claim against us with respect to linked sites.

13. DATA USE & PRIVACY

Please do not submit any personal information without first reading our Privacy, Cookies and Data Protection Policy, which explains our data use and privacy practices.

14. TERMINATION

FLOWERTOTEBAG has the right, in its sole discretion and without notice, to restrict, suspend, or terminate your access to all or any part of the Site or Services.

15. NOTIFICATION OF INFRINGEMENT

FLOWERTOTEBAG reserves the right to investigate notices of copyright, trademark, or other intellectual property infringement on the Site. If you believe your work has been infringed, please notify FLOWERTOTEBAG in writing immediately.
FLOWERTOTEBAG will undertake necessary investigations and may remove infringing material from the Site within a reasonable time.

16. JURISDICTIONAL ISSUES

This Site is operated by FLOWERTOTEBAG. FLOWERTOTEBAG makes no representation that the Services or Content are appropriate or available for use in your location. Those who access this Site from any location do so on their own initiative and are responsible for compliance with local laws.

17. INDEMNITY

You agree to indemnify and hold FLOWERTOTEBAG and its officers, agents, and employees harmless from all claims, liabilities, and costs arising out of your use of the Site, your breach of these Web Terms, or your violation of any law or third-party rights.

18. VARIATION

FLOWERTOTEBAG reserves the right to change, modify, or discontinue any portion of the Services or Site at any time. FLOWERTOTEBAG may vary these Web Terms by posting the amended terms on this Site. Your continued use of the Site after any amendment constitutes acceptance of the amended terms.

19. SEVERABILITY

If any provision of these Web Terms is found to be illegal or unenforceable, the remaining provisions shall continue in full force and effect.

20. RELATIONSHIP OF PARTIES

Nothing in these Web Terms shall constitute an agency, partnership, or joint venture between FLOWERTOTEBAG and you.

21. WAIVER

No waiver of any rights by FLOWERTOTEBAG shall be effective unless made in writing. A failure to exercise a right shall not be considered a waiver.

22. FORCE MAJEURE

No party shall be liable for any failure to perform its obligations if the failure results from a Force Majeure Event, which includes events beyond reasonable control such as natural disasters, war, terrorism, government action, epidemics, network disruptions, and industrial action.

23. RIGHTS OF THIRD PARTIES

A person who is not a party to this Agreement shall have no right to enforce any term of this Agreement.

24. GOVERNING LAW & JURISDICTION

These Web Terms and all matters relating to your access to or use of this Site shall be governed by the laws of the applicable jurisdiction, without regard to conflict of laws principles.

TERMS AND CONDITIONS OF USE

1. DEFINITIONS

Buyer means the person or entity identified as the purchaser of the Products.
FLOWERTOTEBAG means FLOWERTOTEBAG.COM
Conditions means these Terms and Conditions of Sale.
Contract means a contract for sale formed in accordance with Clause 3(iv).
Force Majeure Event includes explosion, fire, flood, war, earthquake, storm, sabotage, terrorism, government action, epidemic, quarantine, strikes, network disruptions, and similar events beyond reasonable control.
Order means an online order placed via the Online Store.
Product means a product listed at the Online Store.

2. APPLICATION AND EFFECT

These Conditions govern the sale of Products listed at the Online Store to the Buyer. By ordering the Products, the Buyer agrees to be bound by these Conditions.

3. ORDERS, PRICE AND PAYMENT

FLOWERTOTEBAG will process Orders for delivery in various territories.
The Buyer shall indicate the Products and quantity desired at the price and currency specified at the Online Store.
All Orders are offers subject to acceptance by FLOWERTOTEBAG.
FLOWERTOTEBAG may accept an Order by contacting the Buyer or by delivering the Products. A binding Contract is formed upon such acceptance.
FLOWERTOTEBAG may decline to accept any Order without assigning a reason, or delay delivery due to product unavailability.
FLOWERTOTEBAG is not liable for errors in pricing or specification on the Online Store. The price to be paid is the current selling price on the date of order acceptance.
No promotion or voucher will be applied retroactively. Promotions must be stated before checkout.
Payment for Products shall be made in full before physical delivery.
The Buyer warrants that Products are for personal use only and not for resale or distribution.
FLOWERTOTEBAG reserves the right to cancel an Order or refuse future Orders if payment is rejected or reversed.

4. PRODUCT AVAILABILITY AND DESCRIPTIONS

Products displayed are subject to availability. Actual colours, sizes, and other attributes may vary due to electronic display limitations and material characteristics. Minor variations are not considered defects.

5. TITLE AND RISK

Risk in the Products passes to the Buyer upon delivery to the carrier.
Title passes only upon receipt of full final payment and delivery.

6. ORDER DELIVERY AND CANCELLATION

The Buyer shall state a delivery address or collection option in the Order.
FLOWERTOTEBAG shall deliver to the stated address. If no one is available, a notification will be left.
The Buyer bears all delivery, re-delivery, storage, and related costs.
Self-collection may be available at designated addresses.
Delivery dates provided are estimates only. FLOWERTOTEBAG is not liable for any failure to meet a delivery date.
FLOWERTOTEBAG may withdraw Products or deliver a similar substitute product. Acceptance of a substitute product constitutes acceptance.
An Order may be cancelled by the Buyer prior to payment only if the Order has not been processed. Cancellation fees may apply.
FLOWERTOTOBAG may deliver an Order by instalments.

7. ACCEPTANCE OF PRODUCTS

Unless the Buyer notifies FLOWERTOTEBAG to the contrary within the specified period, Products are deemed accepted as in good condition.
A Product is eligible for replacement only if it is damaged or materially different from the Order upon delivery.
The Buyer must report any defective product within the specified return period.
FLOWERTOTEBAG reserves the right to refuse a return or replacement under certain conditions, including inability to produce proof of purchase, or defects resulting from misuse or normal wear and tear.

8. CONTROLS AND RESTRICTIONS

The Buyer is responsible for ensuring compliance with all applicable customs, import, and export regulations. FLOWERTOTEBAG is not liable for non-delivery due to failure to meet such requirements.

9. NO WARRANTIES

FLOWERTOTEBAG makes no express or implied warranties regarding any Product, including merchantability or fitness for a particular purpose, except as specifically set out in these Conditions.

10. EXCLUSION & LIMITATION OF LIABILITY

In no event shall FLOWERTOTEBAG be liable for any indirect, special, consequential, or exemplary loss or damage. The total liability of FLOWERTOTEBAG shall not exceed the price of the Product giving rise to the claim.

11. FORCE MAJEURE

FLOWERTOTEBAG is not liable for any delay or failure caused by a Force Majeure Event. FLOWERTOTEBAG will notify the Buyer and provide a revised delivery date. The Buyer may not terminate the Contract due to such delay.

12. AMENDMENT

FLOWERTOTEBAG reserves the right to amend these Conditions by posting the amended version at the Online Store.

13. ASSIGNMENT

The Buyer shall not assign the Contract without the prior written consent of FLOWERTOTEBAG.

14. NO WAIVER

No failure or delay by FLOWERTOTEBAG in exercising any right shall operate as a waiver thereof.

15. ILLEGALITY

If any provision of these Conditions is held to be invalid, the remaining provisions shall continue in effect.

16. RIGHTS OF THIRD PARTIES

A person who is not a Party to the Contract shall have no right to enforce any term of the Contract.