Conditions of Use & Sale
The
Conditions of Use & Sale, 16 June 2005
Welcome to
TheFlowerCage.com. TheFlowerCage.com provide access to the TheFlowerCage.com
website (the "website") and sell our products to you subject to the conditions
set out on this page.
Please read these
conditions carefully before using the TheFlowerCage.com website. By using the
TheFlowerCage.com website, you signify your agreement to be bound by these
conditions. In addition, when you use any current or future TheFlowerCage.com
service, you will also be subject to the guidelines and conditions applicable to
that service.
Conditions
Relating to Your Use of TheFlowerCage.com
Conditions
Relating to the Sale of Products to You
Conditions
Relating to Both Your Use of TheFlowerCage.com and Sales to You
Conditions Relating to Your Use of TheFlowerCage.com
1. Your Account
If you use the
website, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer to prevent unauthorised
access to your account. You agree to accept responsibility for all activities
that occur under your account or password. You should take all necessary steps
to ensure that the password is kept confidential and secure and should inform us
immediately if you have any reason to believe that your password has become
known to anyone else, or if the password is being, or is likely to be, used in
an unauthorised manner.
Please ensure
that the details you provide us with are correct and complete and inform us
immediately of any changes to the information that you provided when
registering. You can access and update much of the information you provided us
with in the
Your
Account area of the website.
TheFlowerCage.com
reserves the right to refuse access to the website, terminate accounts, remove
or edit content, or cancel orders at our discretion. If we cancel an order, it
will be without charge to you.
2. Privacy
Please review our
Privacy Notice, which also governs your visit to
TheFlowerCage.com, to understand our practices.
3. Access to
TheFLowerCage.com
We will do
our utmost to ensure that availability of the website will be uninterrupted and
that transmissions will be error-free. However, due to the nature of the
Internet,
this cannot be guaranteed. Also, your access to the website may also be
occasionally suspended or restricted to allow for repairs, maintenance, or the
introduction of new facilities or services. We will attempt to limit the
frequency and duration of any such suspension or restriction.
4. Licence for
website access
TheFlowerCage.com
grants you a limited licence to access and make personal use of this website,
but not to download (other than page caching) or modify it, or any portion of
it, except with express written consent of TheFlowerCage.com
This website or
any portion of this website may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without our
express written consent.
You may not frame
or use framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of TheFlowerCage.com
and its affiliates without express written consent. You may not use any meta
tags or any other "hidden text" utilising TheFlowerCage.com 's or its
affiliates' names or trademarks without the express written consent of
TheFlowerCage.com. Any unauthorised use terminates the permission or license
granted by TheFlowerCage.com.
You are granted a
limited, revocable, and non-exclusive right to create a hyperlink to the Welcome
page of TheFlowerCage.com as long as the link does not portray TheFlowerCage.com,
its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any TheFlowerCage.com
logo or other proprietary graphic or trademark as part of the link without our
express written consent.
5. Your conduct
You must not use
the website in any way that causes, or is likely to cause, the website or access
to it to be interrupted, damaged or impaired in any way.
You understand
that you, and not TheFlowerCage.com, are responsible for all electronic
communications and content sent from your computer to us and you must use the
website for lawful purposes only.
You must not use
the website for any of the following:
-
for fraudulent purposes,
or in connection with a criminal offence or other unlawful activity
-
to send, use or reuse any
material that is illegal, offensive, abusive, indecent, defamatory, obscene
or menacing; or in breach of copyright, trademark, confidence, privacy or
any other right; or is otherwise injurious to third parties; or
objectionable; or which consists of or contains software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings or any
"spam"
-
to cause annoyance,
inconvenience or needless anxiety
6. Reviews,
comments, communications and other content
Users of this
website may post reviews, comments and other content; send communications; and
submit suggestions, ideas, comments, questions, or other information, as long as
the content is not illegal, obscene, abusive, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties, or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of any
content. TheFlowerCage.com reserves the right (but not the obligation) to remove
or edit any content.
If you do post
content or submit material, and unless we indicate otherwise, you grant
TheFlowerCage.com and its affiliates a non-exclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant TheFlowerCage.com and its
affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You agree to waive your right to
be identified as the author of such content and your right to object to
derogatory treatment of such content. You agree to perform all further acts
necessary to perfect any of the above rights granted by you to TheFlowerCage.com,
including the execution of deeds and documents, at the request of
TheFlowerCage.com.
You represent and
warrant that you own or otherwise control all of the rights to the content that
you post; that, as at the date that the content or material is submitted to
TheFlowerCage.com: (i) the content and material is accurate; (ii) use of the
content and material you supply does not breach any applicable TheFlowerCage.com
policies or guidelines and will not cause injury to any person or entity
(including that the content or material is not defamatory). You agree to
indemnify TheFlowerCage.com and its affiliates for all claims brought by a third
party against TheFlowerCage.com or its affiliates arising out of or in
connection with a breach of any of these warranties.
7. Copyright and database rights
All content included on the website, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of TheFlowerCage.com, its affiliates or its
content suppliers and is protected by United Kingdom and international copyright
and database right laws. The compilation of all content on this website is the
exclusive property of TheFlowerCage.com and its affiliates and is protected by
United Kingdom and international copyright and database right laws. All software
used on this website is the property of TheFlowerCage.com, our affiliates or our
software suppliers and is protected by United Kingdom and international
copyright laws.
You may
not systematically extract and/or re-utilise parts of the contents of the
website without TheFlowerCage's express written consent. In particular, you may
not utilise any data mining, robots, or similar data gathering and extraction
tools to extract (whether once or many times) for re-utilisation of any
substantial parts of this website, without TheFlowerCage.com's express written
consent. You also may not create and/or publish your own database that features
substantial (eg our prices and product listings) parts of this website without
TheFlowerCage.com 's express written consent.
8. Trademarks
TheFlowerCage.com, TheFlowerCage, TheFlowerCage logo,
TheFlowerCageTM, and other marks indicated on our website are trademarks or
registered trademarks of Firthshore Limited or its subsidiaries , in United
Kingdom. TheFlowerCage.com 's trademarks and trade dress may not be used in
connection with any product or service that is not TheFlowerCage 's, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits TheFlowerCage. All other trademarks not owned by
TheFlowerCage that appear on this website are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
TheFlowerCage.com.
9. Patents
One or more patents apply to the website and to the features and
services accessible via the website, including without limitation: UK Patent
Nos. 3011921; 3011922;
Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of
products by TheFlowerCage.com to you.
10. Our contract
When you place an order to purchase a product from
TheFlowerCage.com, we will send you an e-mail confirming receipt of your order
and containing the details of your order.
11. Returns
Please review our
Returns Policy,
which applies to products purchased from us. In addition to your 15-day returns
guarantee. Details of this statutory right and an explanation of how to exercise
it are provided in the
Returns Policy.
12. Pricing and availability
We list availability information for products sold by us on the
website, including on each product information page. Beyond what we say on that
page or otherwise on the website, we cannot be more specific about availability.
Please note that dispatch estimates are just that. They are not guaranteed
dispatch times and should not be relied upon as such. As we process your order,
we will inform you by e-mail if any products you order turn out to be
unavailable.
13. Customs
When ordering
goods from TheFlowerCage.com for delivery overseas you may be subject to import
duties and taxes, which are levied once the package reaches the specified
destination. Any additional charges for customs clearance must be borne by you;
we have no control over these charges and cannot predict what they may be.
Customs policies vary widely from country to country, so you should contact your
local customs office for further information. Additionally, please note that
when ordering from TheFlowerCage.com, you are considered the importer of record
and must comply with all laws and regulations of the country in which you are
receiving the goods. Your privacy is important to us and we know that you care
about how information about your order is used and shared. We would like our
international customers and customers dispatching products internationally to be
aware that cross-border deliveries are subject to opening and inspection by
customs authorities.
Conditions Relating to Both Your Use of TheFlowerCage.com and
Sales to You
14. Electronic communications
When you visit TheFlowerCage.com or send e-mails to us, you are
communicating with us electronically. We communicate with you by e-mail or by
posting notices on the website. For contractual purposes, you consent to receive
communications from us electronically and you agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. This condition does not affect your statutory rights.
15. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies,
and these Conditions of Use & Sale at any time. You will be subject to the
policies and Conditions of Conditions of Use & Sale in force at the time that
you use the website or that you order goods from us, unless any change to those
policies or these conditions is required to be made by law or government
authority (in which case it will apply to orders previously placed by you). If
any of these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the
validity and enforceability of any remaining condition.
16. Events beyond our resonable control
We will not be held responsible for any delay or failure to
comply with our obligations under these conditions if the delay or failure
arises from any cause which is beyond our reasonable control. This condition
does not affect your statutory rights.
17. Governing law and jurisdiction
These conditions are governed by and construed in accordance with
the laws of England, Scotland and Wales. You agree, as we do, to submit to the
non-exclusive jurisdiction of the English courts.
18. Our details
TheFlowerCage.com is the trading name for Firthshore Limited Ltd.
VAT
Registration Number: 842504739
You can contact us by visiting
HERE .
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