TERMS AND CONDITIONS
Terms and Conditions of Emerald Floral House
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This document governs
• the use of our website, and,
• any other related agreement or legal relationship with us in a legally binding way.
You must read this document carefully.
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Our website is provided by:
Emerald Floral House
Contact email: support@emeraldfloralhouse.com
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This document was generated with the use of the terms and conditions generator.
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What you should know at a glance
Please note that some provisions may only apply to certain categories of users. In particular,
certain provisions may only apply to consumers or to those users that do not qualify as
consumers. Such limitations are always explicitly mentioned within each affected clause. In the
absence of any such mention, clauses apply to all users.
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TERMS OF USE
Unless stated otherwise, the terms in this section apply generally when using our website.
Specific or additional conditions may apply in certain situations and are noted in this document.
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By using our website, you confirm the following:
• you are older than 18 years of age;
• you are not in a country under a U.S. government embargo or designated as a "terrorist-
supporting" country;
• you are not on any U.S. government list of prohibited or restricted parties.
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Account registration
To use the service, you can register or create an account by providing complete and truthful information. You can also use the service without an account, but this might limit some
features.
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You are responsible for keeping your login details confidential and must choose passwords that
meet the highest standards of strength as allowed by our website.
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By registering, you agree to take full responsibility for all activities under your username and
password.
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You must immediately inform us using the contact details in this document if you believe your
personal information, account, or login details have been violated, disclosed, or stolen.
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Conditions for account registration
Registration of accounts on our website is subject to the conditions outlined below. By
registering, you agree to meet such conditions.
• It is not permitted to register accounts by bots or any other automated methods;
• You must register only one account, unless otherwise specified;
• Your account must not be shared with other persons unless otherwise specified.
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Account termination
You can close your account and stop using our service anytime by contacting us at the contact
details provided in this document.
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Account suspension and deletion
We reserve the right to suspend or delete your account at any time and without notice if we
find it inappropriate, offensive, or in violation of these terms.
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Suspending or deleting accounts does not entitle you to claim for any compensation, damages,
or reimbursement.
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The suspension or deletion of accounts due to causes attributable to you does not exempt you
from paying any applicable fees or prices.
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Content on the website
Unless otherwise noted, all content on our website is owned or provided by us or our licensors.
We do our best to ensure the content on our website complies with all laws and respects third-
party rights. However, this may not always be achievable.
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If you believe your rights are being infringed, without prejudice to any legal prerogatives to
enforce your rights, please report any issues using the contact details provided in this
document.
Rights regarding content on our website - All rights reserved
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We hold and reserve all intellectual property rights for all content.
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You may not use such content in any way that is not necessary or implied for the proper use of
the service.
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Specifically, but without limitation, you may not copy, download, share (beyond the limits
mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer,
assign to third parties, or create derivative works from the content on our website. You also
cannot allow any third party to do so through your account or device, even unknowingly.
Where explicitly stated, you may download, copy, and share some content from our website for
personal and non-commercial use, provided you correctly implement copyright and other
required attributions.
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Any statutory limitations or exceptions to copyright remain unaffected.
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Access to external resources
Through our website, you may access external resources provided by third parties. You
acknowledge and accept that we have no control over these resources and are not responsible
for their content or availability.
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Conditions for third-party resources, including any rights granted in their content, are governed
by those third parties' terms and conditions or by applicable law.
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Acceptable use
Our website and service may only be used within the scope of what is provided for, under these
terms and applicable law.
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You are solely responsible for ensuring your use of our website and service does not violate any
laws, regulations, or third-party rights.
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We reserve the right to protect our interests by denying you access to our website or service,
terminating contracts, and reporting any misconduct to the appropriate authorities if you are
involved in or suspected of the following:
• violating laws, regulations, or these terms;
• infringing on third-party rights;
• significantly impairing our legitimate interests;
• offending us or any third party.TERMS AND CONDITIONS OF SALE
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Paid products
Some of our products require payment. Details about fees, duration, and conditions are
described below and in the dedicated sections of our website.
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Product description
Prices, descriptions, and availability of products are detailed in the relevant sections of our
website and may change without notice.
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Although we strive for accuracy in presenting products on our website, representations
(including graphics, images, colors, and sounds) are for reference only and do not guarantee the
characteristics of the purchased product.
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The specific characteristics of the chosen product are outlined during the purchasing process.
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Purchasing process
Every action taken from selecting a product to submitting the order is part of the purchasing
process.
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Be sure to fill in the request form to start the purchasing
process; the process may vary depending on the floral needs of
the customer.
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Order submission
When you place an order, the following apply:
• submitting an order determines the contract conclusion and obligates you to pay the
specified price, taxes, and any additional fees and expenses outlined on the order page;
• if the purchased product requires action from you, such as providing personal
information or specific requests, submitting the order means you agree to cooperate
accordingly;
• after submitting the order, you will receive a receipt confirming that the order has been
received.
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All communications regarding the purchasing process will be sent to the email address you
provided.
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Prices
During checkout and before order submission, you will see all charges, including any fees, taxes,
and costs (including, where applicable, delivery costs).On our website, prices are displayed including all applicable fees, taxes, and costs.
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Methods of payment
Details about accepted payment methods are provided during the purchasing process.
Certain payment methods might have additional conditions or fees. In these cases, more
information can be found in the related section of our website.
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Retention of product ownership
Until payment of the total purchase price is received by us, any products ordered will not
become your property.
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Delivery
Products may be delivered to the address provided by you and in the manner outlined in the
order summary.
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Upon delivery, please check the content and report any issues promptly using the contact
details provided in this document or as outlined in the delivery note. If the parcel appears
visibly damaged, you may refuse to accept it.
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Goods are delivered to the following countries: United States of America
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Delivery times are outlined during the purchasing process.
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Failed delivery
We are not liable for delivery errors due to incorrect or incomplete information provided by you
during the purchasing process nor for any damage or delays after delivery to a carrier organized
by you and not offered or recommended by us.
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If the goods are not received or collected at the time or within the period specified, they will be
returned to us. We will contact you to schedule a second delivery attempt or to agree on a
future course of action.
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Unless otherwise agreed, each delivery attempt after the second one will be at your expense.
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INFORMATION ABOUT THIS DOCUMENT
This document was generated with the use of the terms and conditions generator.
USER RIGHTS
If a deposit or partial deposit refund is approved, we will process your reimbursement promptly and no later than 14 days after we receive your withdrawal notification. Reimbursements will be made using the same payment method you used for the initial transaction unless agreed otherwise. You will not incur any costs or fees for this reimbursement.
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If a physical product was purchased and a refund approved, unless we have offered to collect
the goods, you must return them to us or to a person authorized by us without delay and no
later than 14 days after notifying us of your decision to withdraw from the contract.
We may withhold reimbursement until we receive the goods or until you
provide evidence of returning them, whichever occurs first.
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You are responsible for any diminished value of the goods resulting from handling beyond what
is necessary to establish their nature, characteristics, and functioning.
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You will bear the costs of returning the goods.
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Exercising your right to cancel
To withdraw from a contract, you must inform us clearly of your decision. Make sure to do this
before the cancellation period ends.
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LIABILITY AND INDEMNIFICATION
We limit our liability as much as legally allowed when executing agreements with you. This
means our responsibility for damages is reduced to the maximum extent permitted by law
unless explicitly stated otherwise or agreed upon with you.
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Indemnification
You agree to indemnify us and our affiliates, officers, directors, and employees from any claims
or demands made by third parties due to or in connection with any culpable violation of these
terms or third-party rights related to your use of the service to the extent allowed by law.
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Limitation of liability
Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages
against us (or any individual or entity acting on our behalf).However, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract's purpose), and/or damages resulting from intentional or gross negligence, provided that our website has been used appropriately and correctly by you.
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Unless damages stem from intentional or gross negligence, or they impact life, health, or
physical integrity, our liability is limited to typical and foreseeable damages at the time the
contract was entered into.
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Disclaimer of warranties
Our website is provided on an “as is” and “as available” basis. When you use our service, you
are doing so at your own risk. We explicitly state that we are not making any promises or
guarantees, whether they are express, implied, or even required by law. These include
assurances about the quality of the service, its suitability for your specific needs, or whether it
infringes on anyone else's rights. Please keep in mind that any advice or information you receive
from us or through our service does not create any warranties beyond what we have explicitly
stated here.
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Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that
it is always going to be the case. We do not guarantee that the service will always meet your
requirements or be available when you need it. There might be interruptions, or it might not
function correctly due to factors beyond our control. While we do our best to keep everything
running smoothly, we cannot ensure that the service will be free of harmful elements like
viruses. If you choose to download any content from our service, you are assuming the risk, and
we are not responsible for any damage it might cause to your devices or data.
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We do not endorse or guarantee any products or services advertised through our service or any
links we provide. We are not involved in any transactions between you and third-party
providers, so any interactions or agreements you make with them are solely your responsibility.
Our service might not always be accessible or may not work correctly with your web browser,
mobile device, or operating system. While we strive to provide a seamless experience, we
cannot guarantee it in every situation. As such, we want to clarify that we cannot be held
responsible for any perceived or actual damages that result from issues related to the content,
operation, or use of our service.
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While we may have certain exclusions and limitations in our agreement, these may not apply to
you depending on the laws of your jurisdiction. Federal law, as well as laws in some states and
other jurisdictions, may offer protections that supersede our disclaimers and exclusions. This
means that you may have specific legal rights that are not affected by our agreement. It is
essential to understand your rights, as they may vary from state to state or country to country.We want to emphasize that any disclaimers or exclusions in our agreement will only be enforced
to the extent permitted by applicable law.
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Limitation of liability
To the maximum extent permitted by applicable law, in no event shall we, along with our
subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:
• any indirect, punitive, incidental, special, consequential, or exemplary damages arising
from or related to your use of, or inability to use, the service. This includes damages for
loss of profits, goodwill, use, data, or other intangible losses;
• any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to
your account or the information within it;
• errors, mistakes, or inaccuracies in the content provided;
• personal injury or property damage resulting from your use of the service;
• unauthorized access to our secure servers or personal information stored therein;
• interruption or cessation of transmission to or from the service;
• bugs, viruses, trojan horses, or similar harmful elements transmitted through the
service;
• errors or omissions in any content posted, transmitted, or made available through the
service;
• defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited
to the amount you have paid us in the preceding 12 months, or the duration of your
agreement with us, whichever is shorter.
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This limitation of liability section will apply to the fullest extent permitted by law in the
applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if you have been advised of the possibility of such damage.
Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential
damages may not be allowed. This means that these limitations or exclusions might not apply to
you. You have specific legal rights, which may vary depending on your jurisdiction. The
disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent
prohibited by applicable law.
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Indemnification
By using and accessing the service, you agree to defend, indemnify, and hold us, our
subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and
employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including
legal fees, arising from:
• your use of the service, including any data or content you transmit or receive;
• your violation of these terms, including any breach of representations and warranties;
• your violation of third-party rights, such as privacy or intellectual property rights;
• your violation of statutory laws, rules, or regulations;• any content submitted from your account, including third-party access using username,
password, or other security measures, including misleading, false, or inaccurate
information;
• your intentional misconduct; or
• any statutory provision by you or your affiliates, officers, directors, agents, co-branders,
partners, suppliers, and employees to the extent permitted by law.
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COMMON PROVISIONS
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No waiver
Our failure to assert any right or provision under these terms does not waive that right or
provision. No waiver will constitute a continuing waiver of such term or any other term.
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Service interruption
To maintain the best service level, we reserve the right to interrupt the service for maintenance,
updates, or other changes, with appropriate notification.
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We may suspend or discontinue the service within legal limits. If discontinued, we will assist you
in withdrawing personal data and respect your rights regarding continued product use and
compensation under applicable law.
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The service may be unavailable due to events beyond our reasonable control, such as
infrastructure breakdowns or blackouts.
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Service reselling
You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service
without our express written permission, granted either directly or through a legitimate reselling
program.
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Privacy policy
For information on the use of personal data, you can refer to our website's privacy policy.
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Intellectual property rights
Without prejudice to any more specific provisions in these terms, all intellectual property rights
associated with our website, including copyrights, trademark rights, patent rights, and design
rights, are exclusively owned by us or our licensors. These rights are protected by applicable
laws and international treaties concerning intellectual property.All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.
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Changes to the terms
We reserve the right to modify these terms at any time, informing you of any changes.
Such changes will only affect the relationship with you from the date communicated onwards.
Your continued use of the service will signify your acceptance of the revised terms. If you do not
wish to be bound by the changes, you must stop using the service and terminate the
agreement.
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The applicable previous version will govern the relationship prior to your acceptance. You can
obtain any previous version from us.
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If legally required, we will notify you in advance of when the modified terms will take effect.
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Assignment of contract
We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights
or obligations under these terms, considering your legitimate interests. Provisions about
changes to these terms will apply accordingly.
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You cannot assign or transfer your rights or obligations under these terms without our written
permission.
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Contact
All communications regarding the use of our website must be sent using the contact
information provided in this document.
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Severability
Invalidity or unenforceability of any provision under applicable law will not affect the validity of
other provisions, which will remain in full force and effect.
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Any invalid or unenforceable provision will be interpreted to the extent reasonably required to
render it valid, enforceable, and consistent with its original intent. This document constitutes
the entire agreement between you and us and supersede all other communications, including but not limited to prior agreements concerning such subject matter, to the fullest extent permitted by law.
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Governing law
These terms are governed by the law of the place where we are based, as outlined in the
relevant section of this document, without regard to conflict of laws principles.
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Prevalence of national law
However, regardless of the above, if the law of the country that you are based on provides for
higher applicable consumer protection standards, such higher standards will prevail.
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Venue of jurisdiction
The jurisdiction over any controversy related to these terms lies with the courts of the place
where we are based, as outlined in the relevant section of this document.
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We both agree to waive any right to trial by jury in any court in connection with any action or
litigation.
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Any claims under these terms shall proceed individually and we both agree not to join in a class
action or other proceeding with or on behalf of others.
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Surviving provisions
Our agreement will continue in effect until it is terminated by either our website or you. Upon
termination, the provisions contained in this document that by their context are intended to
survive termination or expiration will survive, including but not limited to the following:
• your grant of licenses under this document will survive indefinitely;
• your indemnification obligations will survive for a period of five years from the date of
termination;
• the disclaimer of warranties and representations, and the stipulations under the section
containing indemnity and limitation of liability provisions, will survive indefinitely.
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