Terms & Conditions
SALES TERMS AND CONDITIONS
SALES
Sales Terms
Floriana Floral Inc. operates the www.florianafloral.com website. The website’s use is managed by the following terms of usage. The conditions found herein are representative of a contract between ‘You’, the purchaser, and Floriana Floral Inc. These conditions can be modified at anytime by Floriana Floral in relation to the www.florianafloral.com website.
Errors/Misprints
We always do our best to provide you with the most up-to-date and accurate information. In the event that an error does occur, we reserve the right to cancel or correct any order at any time to reflect the appropriate changes. Changes may be applied to both orders and our website(s). In the event that you are shipped an incorrect product, we will gladly accept the merchandise back and offer you a full refund on the item(s) as long as the merchandise returned is in accordance with our return policy.
Pictures/Images
As our products are natural, they may appear differently in the pictures on our website(s). Due to the ever-evolving flower industry, there are always new products and varieties coming out; therefore not all colors, varieties or flowers are displayed in our gallery. This being the case, we had to limit our gallery; however, we do offer and can obtain more than what you see in it. Please note that all flowers are not always available. You may contact us at any time in order to inquire about the availability of a product that you are looking for.
PURCHASE TERMS AND CONDITIONS
PURCHASING
Authorization to Charge Credit Card:
By agreeing to the terms and conditions of Floriana, I (we) hereby agree and authorize Floriana Floral to charge my (our) order(s) to my (our) credit card as I (we) have and/or will be submitting it as per the terms of conducting business with Floriana Floral via the website www.florianafloral.com.
Purchasing by Minors
For the protection and best interest of all parties, we do not sell to minors. In the event that you are under the legal age of majority in your region and you are a minor who wishes to purchase from our online store, please have a parent or legal guardian conduct the purchase for you.
“In Stock” Ordering
When purchasing from our “In Stock” live availability, please be aware that although we do our best to maintain an up to date website, it is virtually impossible to keep accurate track of our live inventory. There may be delays due to orders placed over the phone and orders picked by our walk-in clientele. Please wait for a confirmation that your order has been processed or call in to verify whether the order has been confirmed.
Pre-Orders
When “Pre-Ordering” or purchasing products from our website(s), which will be required at a future point in time, you are just placing an order for a future point in time. There is no guaranty that you will be receiving the product if you pre-order or pre-book it. However, we shall do our best to get the quantity and price of your order. Please wait for confirmation to be sure that you will be receiving your merchandise and make sure to specify the correct date you will require your merchandise. We shall not be held accountable for errors on our customer’s end when it comes to their wrongful input of the day the merchandise is requested. We shall not charge you if we do not ship the merchandise. All costs will be charged to the customer when the merchandise is picked up or delivered.
For unforeseen circumstances the merchandise may not always be delivered on time to the customer. We may also sometimes recommend a later pickup/delivery day in order to make sure that our customers get the freshest merchandise possible.
By accepting and confirming your order you create a legally binding contract and you will be held accountable and responsible for all costs and damages if you breach the contract without the consent of both parties. You will be liable for the final payment if you do or do not accept the merchandise, since the merchandise which was ordered is perishable and cannot be easily resold.
ORDERING FROM HOLLAND
We reserve the right to set a cap on the monetary amount you can buy from Holland. We reserve all rights to remove one or more product from your order unless other arrangements are made to process your orders.
If you order product and do not pick it up when ready, you will be charged the full cost of the product, held responsible for paying the product value and any additional fees and/penalties
DETAILS OF IMPLEMENTATION
The Website as a Place of Exploitation
Www.florianafloral.com is being operated from its offices in Canada. Floriana Floral does not use its website’s content outside of Canada. Using the website(s) is forbidden where legislation prohibits its content. Users of the website do so by their own accord and free will and should conform to the laws and/or legislation in force. Any and each claim pertaining to the website and/or its content are controlled by Quebec law.
Restrictions of Use
Unless otherwise instructed, it is strictly forbidden to copy, reproduce, publish, translate, download and/or forward any elements of our website(s) without written permission from Floriana Floral or www.florianafloral.com or the copyright holder.
Business Trademark
All logos and trademarks used or posted on the website are registered by Floriana Floral or a third party which has permitted us to use such content. It is strictly forbidden to use or reproduce a trademark without the owner’s written consent.
GENERAL SALES CONDITIONS
Order Acceptance
The order confirmation received by e-mail does not automatically mean that Floriana Floral or www.florianafloral.com has accepted the order(s), nor does it obligate them to sell anything. Floriana Floral or www.florianafloral.com can and may refuse to do business with any client, sell the quantity requested and/or prices on every article in the order and this without notice.
Payment Form
We accept the following credit cards as forms of payment via our website: Visa and MasterCard.
Personal Guaranty
In consideration of credit being granted by Floriana Floral Inc. to you and/or your company, you hereby jointly, severally and unconditionally guarantee payment of any and all amounts that you may at any time be owing to Floriana Floral on account of merchandise delivered or picked-up, where said indebtedness be in the form of such debt renewals or extensions granted, without obtaining any consent thereto, and until expressly revoked by written form undersigned additionally, jointly, severally and unconditionally guarantees payment of any interest due and all costs of collection, including but not limited to, court costs and reasonable attorney’s fee. Notices of indebtedness and of default in payment are hereby waived. It is agreed that all invoices rendered to the undersigned will be payable to Floriana Floral, Montreal, Quebec, and that in the event of default in payment, suitable for collection shall be brought. By agreeing to these terms and conditions you hereby agree and are bound by this virtual statement of personal guaranty for any and all amounts outstanding. Therefore, you also agree to our procedures for recovering any and all remuneration that is due to us.
Prices
- All prices listed on the website are subject to change without notice.
- Taxes, delivery and all other means of transportation will be additional expenses.
- At any given time, Florianafloral.com can change prices without notice before an invoice is created. Automated order confirmations DO NOT qualify as invoices. Official invoices are only created in person at one of our locations upon the delivery or pick up of merchandise.
- All prices are in Canadians Dollars.
- Prices may vary between the website, e-mail promotions, sales person and the Floriana Floral store.
Return Policy
Requests for returning and/or exchanging any items can be made via e-mail or phone call within 24 business hours. We reserve the right to refuse any unjustified request for a return and/or refund. In order to properly return items, the following information must be included:
- Your name, the store’s name, address, phone number, invoice(s) number(s), order number(s) and a signature for audit and fraud prevention purposes. We may also in addition request to see a valid photo ID to confirm the information you provide.
- Original merchandise in its shipped state (not cut or tempered with). The return(s) may be refused or we may deduct the value of any of the missing and/or damaged items. PLEASE NOTE that we shall not accept anybody else’s merchandise as returns.
Please return items to the following address:
www.florianafloral.com - Returns
145 Barr Street # 7
Saint-Laurent, QC H4T 1W6
- Should you choose to send back an item for reasons other than defective or an error on Floriana Floral's part, you’ll be responsible for all delivery expenses and handling charges.
- All charges, except delivery expenses, that were charged on your credit card will be reimbursed upon receiving the returned items if they’re returned in the same condition we delivered them. Delivery expenses will be reimbursed only if the item is deemed defective or in case of an error on our part.
- Credit card purchases will be refunded to the original credit card.
- These terms and conditions are subject to change without notice.
- Your request for a refund must be true, accurate, up-to-date and complete. You will be held solely responsible and liable for any and all losses, damages and additional expenses that you, we or any other person may incur as a result of your false and/or incomplete submission. It is your responsibility to make sure that your account’s registration and payment information are always up to date.
Cancellations
- The total amount of your order will be charged to your credit card as the merchandise is shipped out. If you wish to cancel an order, you may request a cancellation by calling 514-345-0998. However, we may not receive and process your cancellation request before your order has been processed (ordered or shipped), in such cases your cancellation request may not be granted.
- Order cancellations with less than 1 week notice are subject to charges of up to 50% of merchandise’s value; said amount is up to Floriana Floral’s discretion.
Terms of Ordering
- Submitting your order constitutes your offer to purchase the ordered items. Once your order is deemed accepted and you are informed of such statues, that confirmation constitutes your acceptance of you entering into a legally binding contract with our company under the rules established by our policies and in our terms and conditions which can be found on our website.
- Floriana Floral does not guarantee any item’s availability. If www.florianafloral.com can not deliver any item because they’re out of stock or backordered, you will be informed by telephone. Please do not wait to place your order in the last minute as it becomes increasingly hard to attain if it is not in stock.
- The purchaser becomes the merchandise owner from the moment the product has exchanged hands by one of our employees to either the purchaser directly or to a third party deliverer which will bring the merchandise to the purchaser. Www.florianafloral.com will not be held responsible for any lost or damaged items.
- We reserve the right to limit quantities available for sale or sold, to change the products and services advertised, to change prices, fees, charges, promotions without any notice or liability.
- We reserve the right to reject, correct, cancel or terminate any order for any reason (including accepted orders) at any time and without prior notice or liability. If the price of any product you order was incorrectly displayed on our website, we will advise you and permit you to place an order at the correct price if you still wish to do so.
- All prices are in Canadian Dollars.
Delivery
- www.florianafloral.com will ship your order as soon as it has been accepted by our administration.
- www.florianafloral.com will deliver your items to the address given with your order.
- Delivery expenses are generally a flat rate for the regions of Montreal and Laval; they may be different depending on your order’s delivery date, location, volume and weight. You will be informed of any additional expenses by telephone.
- In-stock orders normally ship within the same day unless the orders are placed after our daily cut off time or if they are scheduled to be shipped out at a later date. Out-of-stock orders will ship once the item is back in stock.
- For all products shipped outside of Canada you, the purchaser, will be responsible for any exportation and/or customs clearance expenses on top of the delivery charges.
- We will not deliver to a P.O. Box.
- Www.florianafloral.com will deliver your order upon receiving full payment for said ordered items.
TERMS AND CONDITIONS
Website Use Agreement
Welcome to Floriana Floral and the www.florianafloral.com website. Please take the time to read this agreement carefully as it governs your use of the www.florianafloral.com website. It exempts Floriana Floral and other parties from liabilities and also advises you of important provisions that you should be aware of.
1. ACCEPTING THIS AGREEMENT
This is an agreement between you, all persons you represent, all persons who may represent you (for the purposes of this Agreement, "person(s)" includes physical person(s) and any type of legal person(s)) and Floriana Floral regarding your access to and use of Floriana Floral’s www.florianafloral.com website (“the website”). This agreement pertains to all of the website’s content, products, services and information.
Every time you use the website regardless of your purpose in doing so, you signify your acceptance of our policies, terms and conditions. By accepting our policies terms and conditions as it reads, regardless if you are a natural person or you legally represent a legal person, you agree to use our website as it is intended. If you do not agree or are not permitted to agree with each provision of our privacy policies or terms and conditions, you may not access or use our website. The website is for convenience, informational and sales purposes only; it is not intended to transmit advice or recommendations.
This agreement is in addition to any other agreement you may have with Floriana Floral and/or www.florianafloral.com, including any and all transaction agreements.
2. THOSE PERMITED TO USE THE WEBSITE
Only residents of Canada and the United States may use our website. Users of our website must have reached the age of majority where they live and they must be capable of forming legally binding contracts under applicable law. You are not permitted to use our website where it is not permitted by law or use the website for any illegal or prohibited activities. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.
3. MODIFICATION OF THIS AGREEMENT
Floriana Floral may, under its sole discretion, modify its policies, terms and conditions whenever it deems the changes necessary. Any changes made will be posted on the website. By using the website after changes have been made to its policies, terms and conditions, you signify your acceptance and agreement to these changes and you bind yourself to their revisions. The agreement can only be modified by the employees authorized to by Floriana Floral; anyone found to have modified the agreement without consent will be held accountable for any damages and costs resulting from their unlawful actions.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
Our website (including all of its content, custom graphics, custom design, presentation, enhancement, text, images, forms, applications, custom modules/applications/extensions or any other elements on/from/through our website) is the property of Floriana Floral and is protected by Canadian and international copyright, trademark and other jurisdictional laws. Using our website does not provide/transfer/instil any ownership or other rights on/from/through the website or its content to any user. The website is available to you for legal and personal use only. You may only use the website in accordance with the ways described in this agreement, our terms and conditions, within our policies and in accordance with all applicable laws. You may not use our website for any other purpose or in any other way.
You may print our website pages as long as you do not make any changes to the pages and do not modify any of the visible or non-visible identifications of our page(s). You may not copy, imitate, republish or distribute our website in any way.
Since all of our pricing is confidential and since no person who doesn’t have access to our website can see them, you are obliged to keep them confidential. You do not have the right to sell or resell any part of the website or access to the Website. You may not use any of the software that is used in the operation of our website except when using the website in accordance with this agreement, our terms, conditions and our policies.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES AND CONTENT
Floriana Floral strives to provide current and accurate information on the www.florianafloral.com website. Unfortunately, due to the ever evolving floral industry, prices fluctuate constantly; besides, there are several premiums to deal with during holiday periods. Thus, several inaccuracies such as misprints, errors, omissions (including incorrect specifications for products) may occur from time to time. Floriana Floral cannot guarantee that products, prices and services will be available when ordered or thereafter. There are walk-in orders, phone call orders and web orders that come in at the same time which makes it increasingly hard to be accurate with quantities available. Floriana Floral does not guaranty that the content of the website (pictures, descriptions, general information) is 100% accurate or complete.
6. TRADEMARKING
Floriana Floral, www.florianafloral.com, logos and other names and logos appearing or associated with our website are registered or unregistered trademarks, trade names, service marks owned or licensed by Floriana Floral. Any use of the aforementioned marks, with exceptions as described in our agreement, terms and conditions and/or policies, is strictly prohibited.
7. PROMOTIONS AND CONTESTS
There may be times when Floriana Floral offers its customers and website users special promotions or contests. All of the promotions and/or contests are regulated by Floriana’s terms and conditions, this agreement, privacy policies and the applicable promotion and/or contest rules. By taking advantage of our promotions and/or participating in our contest(s) through the website or any other means they are made available to you, you signify your agreement and acceptance of Floriana’s terms and conditions, this agreement, privacy policies and the applicable promotion and/or contest rules.
8. LOGIN NAMES AND PASSWORDS
There are certain features and parts of the website(s) which are only accessible to users who have been issued a login name (LN) and password (PW) by Floriana Floral. For the purposes related to access to our website(s), the LN and PW remain the property of Floriana Floral. Floriana Floral reserves all rights to cancel, suspend and/or edit any LNs and PWs at any time as it sees fit and without any notice or liability to anyone.
Floriana Floral is not obligated to verify the identities or the authority of any person using LNs and PWs to access and use its website(s) and may act upon information provided by those using the LNs and PWs. Floriana Floral may, at any time, require to view any person’s identification prior to granting access and use of its website(s); besides, Floriana Floral reserves all rights to deny any access and/or use of its website(s) as well as the rights to refuse the acceptance of any offers where it deems there is insufficient proof as to the validity of the transaction.
If you have been granted access by attaining a LN and PW to any Floriana Floral website, then: (1) you are fully responsible for the security and any and all misuse of your LN and PW; (2) you are obligated to keep your LN and PW information confidential at all times, you may not share them with any other person and you are not permitted to allow anyone else to use your LN and PW; (3) you are obligated to use and maintain your LN and PW within the confines of the Floriana Floral’s terms and conditions and privacy policies; (4) you are obligated to make sure you have logged-off the website(s) when you are through using it or are leaving the device you have used to access the website(s); (5) if you suspect that your LN and PW information have been compromised, lost, stolen and/or used by another person, you must immediately notify Floriana Floral by telephone 1-514-345-0998 or e-mail info@florianafloral.com.
9. UNSOLICITED SUGGESTIONS
Floriana Floral does not accept or consider unsolicited suggestions. If you send us a suggestion related to the company or the website, you and/or the submitter automatically and perpetually grant all rights and permissions royalty-free, irrevocably and unrestrictedly to Floriana Floral. These suggestions may be exploited by Floriana Floral in any way it deems them applicable. Suggestions may be, but are not limited to, ideas, concepts, knowledge and/or techniques for any purpose. There will be no obligation and/or liability for any remuneration or compensation by Floriana Floral to you or any other person. You warrant that all moral rights in the suggestions are waived in favour of Floriana Floral, its licensees and successors.
10. YOUR INFORMATION
All information you provide to Floriana Floral in person or through our website(s) must be true, up-to-date, complete and accurate. Information is not limited by but pertains to all required registration information and all transaction related information (e.g. payment information, delivery information). Floriana Floral heavily relies on the information provided by its customers in order to ensure smooth transactions. In the case of changes to information, a request to modify or complete information, the customer will have 20 days to bring their account up to date. Any person found breaching this clause will be held solely responsible and liable for all damages, losses and costs that you, Floriana Floral or any other person my incur as a result of someone’s false, incorrect and/or incomplete submission of information to the company.
11. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
Your access to and use of the website(s) is at your own risk. No warranties and/or guarantees to conditions, whether explicit or implicit, accuracies, durability, merchantability or performance of the products may be held against Floriana Floral. Floriana Floral is acting as a middleperson for its suppliers. Floriana Floral and its suppliers will never be held liable to anyone for any indirect, consequential or special damages related to the website but not limited to loss of data, business, revenue, profits or goodwill, regardless of any negligence or wrongdoing by Floriana Floral or any person for whom Floriana Floral is liable, and even if Floriana Floral has been advised of the possibility of losses or damages being incurred. The exclusion of some warranties and the limitations of some liabilities are prohibited in some areas. These prohibitions may apply to you.
12. PERSONAL INFORMATION PRIVACY
Floriana Floral uses, collects and discloses personal information as it is stipulated in its Privacy Policy which is available on its website. Floriana Floral may, at its own discretion and without any prior notice or any liability to anyone, make changes to its Privacy Policy. By accepting the terms and conditions of our website and by using our website at your own free will, you consent to the collection and disclosure of your information by Floriana Floral as it is stipulated in its Privacy Policy.
13. OTHER SITES/RESOURCES
In order to provide you with the most options and newest available technologies in our industry, our website may include links and/or references to other internet websites, resources and business operated by third parties. When transactions are processed through our website relating to any of these third party websites, they are subject to the same terms and conditions and privacy policies of our website. In some cases, these other sources offer their goods, services and content independently from Floriana Floral. Therefore, Floriana Floral is not responsible or liable for said sources, nor does Floriana Floral have any control over said sources. Floriana Floral does not sponsor or endorse other sources, their goods, services and contents unless it is so expressed in writing. Using these other sources and your dealings with their owners and/or operators is at your own risk and you will not make any claim against Floriana Floral for your dealings with these other sources. Our terms and conditions with all their necessary modifications apply only to situations in which you are dealing with Floriana Floral.
14. TERMINATION
Floriana Floral may, at its own discretion, change, terminate, discontinue, modify, restrict and/or suspend its terms and conditions, its privacy policy in part or in whole without any liability or notice to you or any other person. Floriana Floral may, at its own convenience and discretion, execute such actions at any time and for any duration of time.
If these terms and conditions, privacy policies, website(s) and/or permissions to access the website(s) are terminated for any reason, then these terms and conditions and all other agreements between you and Floriana Floral shall continue to apply and remain binding upon your prior access and use of the website(s) and any other dealings between you and Floriana Floral in the past or arising there from.
15. GOVERNING LAW AND DISPUTE RESOLUTION
The terms and conditions of your accessibility and use of our website(s) and all related matters are governed by the laws of Quebec, Canada and the applicable federal laws of Canada. Any disputes between Floriana Floral and you arising from, connected to or related to dealings between you and the company will be resolved before the Courts of Quebec located in the City of Montreal. You hereby irrevocably agree to this jurisdiction of courts in respect to all disputes that await resolution unless both parties come to terms before meeting in a court of law.
16. OTHER MATTERS
If there are any parts of our terms and conditions that, for any reason, are deemed invalid or unenforceable, then they shall be deemed severed from our terms and conditions. However, the remaining parts will persist to be held in full effect and full force.
In the case of a section(s) and/or part(s) of the terms and conditions which is (are) not clear or coherent in a language other than English, the section(s) and/or part(s) shall temporarily revert to its original English language and shall take precedence in the mater.
These terms and conditions are binding and ensure all contracts between related persons, you, your heirs, representatives and successors to the benefit of Floriana Floral. Furthermore, Floriana Floral is the only one who can assign, waive, modify and enforce its rights and obligations under its terms and conditions; this may be done with or without your consent. Any rights not expressed in our terms and conditions are reserved to Floriana Floral.
Floriana Floral may be contacted by:
Mail:
Floriana Floral
Customer Support Department
1491 rue Bégin
Saint-Laurent, QC H4R 1V8
Telephone:
514-345-0998
E-mail:
