TERMS OF SERVICE

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OVERVIEW

This website is operated by Silk Flower Depot. Throughout the site, the terms “we”, “us” and “our” refer to Silk Flower Depot. Silk Flower Depot 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 our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by LTTF. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region 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 descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you 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, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Silk Flower Depot, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related 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 advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Silk Flower Depot and 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 they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 23052 H Alicia Pkway, #603 Mission Viejo, CA 92692 .

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – Canceling an Order before Checking Out

Customers can cancel the order process at any time by clicking on the Shopping Cart button and deleting each item form your shopping cart.

SECTION 21 – Return Policy

Return within 60 days of purchase. Customers are responsible for return shipping and a 15% restocking fee. Please contact us at info@e-silkflowerdepot.com to initiate a return.

SECTION 22 – Typographical Errors

Silk Flower Depot credo is truth in advertising, and we aspire to publish accurate selling prices for the products we offer. However on occasion we do make mistakes. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Silk Flower Depot shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Silk Flower Depot shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Silk Flower Depot shall immediately issue a credit to your credit card account in the amount of the charge.

Pricing Disclaimer

All pricing subject to change. For all prices, products and offers, Silk Flower Depot reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

Payment Method

Silk Flower Depot accepts Visa, Master Card, Discover, American Express and PayPal.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@e-silkflowerdepot.com.

 

What personal data we collect and why we collect it

Providing us with personal information.

There are instances where you may elect to provide us with personal information.

If you place an order with us, sign up for our newsletter, fill out a website form, you are transmitting the information that appears to you in the form or the message. This will typically include information like your name, mailing address, email address, or any other information necessary to fulfill your request. You never transmit personally identifying information that you do not enter yourself. And this is always your option; this information cannot be collected unless you specifically elect to send it to us. This information is used internally only for the purpose of fulfilling the request or for contacting you directly and is not given or sold to any other organization.

What do we do with this information?

The information is primarily used to improve our site for the purpose of better serving our valued customers. Occasionally we will use the information to send our customers an e-mail announcement.

SSL and Secure Shopping

When you place an order through our website, all of the information is transmitted via SSL.

We are committed to protecting your privacy, and that includes protecting the privacy of any data you share with us. This policy sets out what data we collect, what we do with your data, when and how we store your data, and what you can do if you have questions or wish to exercise rights you have with respect to your data.

What data do we collect, and why?

Through the use of pages on this website and interaction with our products and services, we may collect data from you. Sometimes the data we collect relates to you or identifies you. In this policy, data that relates to or identifies a natural person is defined as “personal data.” “Data” always includes personal data. Our goal is always to maintain the highest levels of privacy and security with your personal data, in keeping with the principles of the Federal Trade Commission Act and related regulations, the General Data Protection Regulation, and applicable local privacy laws. We will always try to give you appropriate notice of what data we collect and how we will use it, and we will only process your data when we consider it fair and lawful to do so.

We may collect the following data from you:

  • Personal data such as your first name, last name, mailing address, email address, phone number, comments, reviews.
  • Records of your visits to the site, through cookies and otherwise (which records may include traffic data; location information; logs; information about your computer or mobile device such as if applicable your IP address, operating system, mobile carrier, or device identifying
    information)
  • Records of correspondence between us and you (for example, records of your and our communication for purposes of support services)
  • Comments, posts, or other data you upload to our site (for example, in the comments section of our blog posts)
  • Information you provide by completing forms on our website or in our products and services (for example, purchase information and information you provide when subscribing to newsletters or contacting us)

Sometimes the reason for collection will be obvious (such as when you give us your email address to allow us to contact you). When it is not, we will describe to you at the time of collection the purpose for collecting the data and if possible, ask for your consent. To the extent possible, we anonymize or pseudonymize data we collect from you.

In general, we do not intentionally collect sensitive personal data. Sensitive personal data is data of the kind regulated by Article 9 or Article 10 of the GDPR, such as personal identity numbers; financial account information; information concerning racial or ethnic origin; political opinions; religious, philosophical, or other beliefs; membership in trade unions or professional or trade associations; physical or mental health information; biometric data; genetic data; data concerning sexual activity or orientation; or data concerning criminal records or suspected criminal activity. However, if you provide us with sensitive personal data, whether through the website or through any of our products or services, you explicitly consent to our use and processing of that data.

Additionally, we do not intentionally collect personal data from anyone under the age of eighteen (18), and to the extent reasonably possible we take steps to verify that you are a legal adult when we collect data from you. By using our website, products, or services, and by submitting any data to us, you warrant that you are eighteen (18) years of age or older.

How do we use data we collect from you?

We do not sell or share your data with third parties.

We use the data we collect from you to provide information, services, or products you have requested or purchased, and to allow you to interact with us and the website. This may include sending you emails from time to time; these emails always contain either information you have requested or that you have consented to receive, or information we have a legitimate interest in delivering (such as notices of product changes). You can always unsubscribe from any email list by clicking the indicated link in the email.

Additionally, our website uses cookies to improve your experience while you’re with us, for traffic analytics, and advertising. No personal information is shared or stored. Please see our cookie policy for more information.

How long do we keep your data?

In general, we keep your data only as long as necessary to provide the service or product you requested. If you are a customer who has an account with us, we will keep the data connected to your account until you ask us to destroy it. This is in order to help us remember information about previous interactions with you (for example, records of support service) or in order to comply with our legal and contractual obligations. Ordinarily, if your account is inactive, your data will only be stored so that the account can be reactivated in the future, and your data will not be processed for any other purpose. You can ask us to destroy your data at any time by following the procedures outlined in this policy, but if we do not have certain information about you, it may be impossible for us to provide any products or services to you.

Where is your data stored?

We are a business located in the United States. When we store your data, it is stored in the United States. However, data we collect may be routed or transferred internationally by us or by our business partners during the course of providing products and services to you and others.

How do we ensure your data is secure?

We take a number of steps to ensure that data we collect is protected from unauthorized access, alteration, disclosure, or destruction, including the following:

  • Many of our services are encrypted using SSL.
  • We regularly review our data collection, storage, and processing practices, including physical and electronic security measures.
  • We restrict access to your personal data to only those employees, agents, and business partners who need access to it in order to deliver requested products and services.
  • All of our employees, agents, and business partners are subject to strict confidentiality and nondisclosure obligations, the violation of which may result in termination and/or liability.
  • All of our employees and agents receive regular appropriate training, including training in information privacy suitable to their respective fields and disciplines.

Do we share your data?

We may transfer your data to our business partners, some of whom may be located in other countries. We strive to do business only with partners who uphold high standards of data privacy and security, and whenever we transfer data to a third party, we take steps to make sure that the data will remain secure and private as required by applicable law and our internal guidelines.

Sometimes we may be required to share your data for specific purposes. These purposes may include:

  • In order for us to comply with a legal obligation or to detect, prevent, or otherwise address fraud or crime
  • In order to detect or correct technical or security issues
  • In order to apply or enforce our Terms and Conditions, or to protect the rights, property, or safety of us, you, our customers, our business partners, others, or the public
  • In order to maintain continuity of service in the event that we sell or liquidate some or all of our business or assets

Additionally, our website may contain links to our business partners or other third parties. Please understand that those websites have their own policies, and we do not accept any responsibility or liability for your use of those websites or any products or services available there.

What about data we obtain from third parties?

Sometimes we may obtain your personal data from a third party, either through the use of our website or through some of our products or services. Due to the nature of our products, it is possible that we may even obtain your data unsolicited from a third party. We may also obtain your personal data from our business partners through contractual relationships or through software they develop. We apply the same standards of security and privacy to all personal data in our possession, and you have rights with respect to your data regardless of its source. When and to the extent possible, we will notify you of the source if we obtain your data from a third party without your consent within at least thirty (30) days

Are you required to supply us with your personal data?

Sometimes we have to have your personal data in order to interact with you. Supplying some personal information is a prerequisite to purchasing products or services from us, obtaining support services, or using the website. If you do not provide the requested data in those instances, you will not be able to purchase any products or services from us, you will not have access to support services, and you may lose some functionality when interacting with the website, respectively.

What rights do you have with respect to your personal data?

You have a right to know if we have any of your personal data and to have access to that data, and you have the right to have any incorrect personal data corrected. If you have given us consent to have or use your data, you have the right to withdraw that consent at any time. You also have the right to have your personal data erased or to transport your data. Ordinarily we do not use automated decision-making with respect to any personal data, but if we do, you have the right to object.

You have the right to lodge a complaint with a supervisory authority. Which authority is appropriate varies depending on your jurisdiction. If you wish to lodge a complaint, we can assist you in determining where the complaint should be lodged.

You may contact us at any time at here, to exercise any of these rights. Understand that sometimes we have to have your data in order to interact with you, and so exercising some or all of these rights might impact your ability to use our website or our products and services.

If you have any questions or comments about the Privacy Policy or would like to update or delete your personal data, you can also contact us at here.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.