TERMS AND CONDITIONS OF SALE
Last Updated Date: September 1, 2022
1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
By placing an order for flowers, floral accessories, and gifts ("Products") from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not order or obtain Products from this website if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province, territory, or state of residence; or (iii) are prohibited from accessing or using this website or any of this website's contents or Products by applicable law.
These terms and conditions (these "Terms") apply to the purchase and sale of Products through www.tricity.dbandco.com (this "Site"). These Terms are subject to change by Designer Blooms Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referred to on the Site. You should review these Terms before purchasing any Product that is available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b) Payment must be received by us before our acceptance of an order. We accept major credit cards and PayPal for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or by PayPal, as the case may be, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
a) We will arrange for delivery of our Products to you by courier. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
b) Title and risk of loss pass to you upon delivery. Delivery times may vary and do not include weekend. We are not liable for any delays in shipments or for deliveries to the wrong address or wrong person based on inaccurate or incomplete information you provided to us.
5. Returns and Refunds.
We will accept a return of our Product for a refund of your purchase price, less the original shipping and handling costs, for the following reasons:
- The Product is broken.
- The Product does not match its description on our website.
- The Product is the wrong size.
- The Product does not meet your expectations.
All returns must be accompanied by a Return Merchandise Authorization ("RMA") number. The RMA number can be obtained by mailing i) a proof of purchase of the Product and/or photo documentation to email@example.com within 24 hours along with the reason for the return.
All returns must be sent to:
Designer Blooms Inc.
8321 Willard Street,
Burnaby, British Columbia
You may also contact customer service at: (866) 4186248.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment.
Refunds are processed within approximately [fourteen days] () [business] days of our receipt of your product. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
6. Limited Warranty.
We warrant to you that for a period of ) [day] from the date of shipment ("Warranty Period"), the Products purchased through the Site will materially conform to our published specifications in effect as of the date of shipment.
EXCEPT FOR THE WARRANTY SET FORTH ABOVE, WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING (i) ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Products manufactured by a third party ("Third-Party Product") may constitute, contain, be contained in, incorporated into, attached to, or packaged together with the Products. Third-Party Products are not covered by the warranty above. For the avoidance of doubt, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
a) We shall not be liable for a breach of the warranties set forth above unless: (i) you give written notice of the defective Products reasonably described to us within 24 hours of the time when you discover or ought to have discovered the defect; and (ii) we reasonably verify your claim that the Products are defective.
b) We shall not be liable for a breach of the warranty set forth above if: (i) you make any further use of such Products after you give such notice; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, use, or maintenance of the Products; or (iii) you alter or repair such Products without our prior written consent.
c) Subject to Sections 6.a) and 6.b) with respect to any such Products during the Warranty Period, we shall, in our sole discretion, either: (i) repair or replace such Products (or the defective part) or (ii) credit or refund the amounts paid by you for such Products provided that, if we so request, you shall, at your expense, return such Products to us.
d) THE REMEDIES SET FORTH IN SECTION 6.c) SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH ABOVE.
7. Limitation of Liability.
a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS SOLD THROUGH THE SITE.
c) The limitation of liability set forth in Section 7.b) shall not apply to (i) liability resulting from Seller's gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller's acts or omissions.
8. Goods Not for Resale or Export.
You represent and warrant that you are buying Products from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within British Columbia or California.
10. Governing Law and Choice of Forum.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. No Waivers.
The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Designer Blooms Inc..
13. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide and consent to us using; or (ii) posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by electronic mail at: firstname.lastname@example.org or (ii) by personal delivery, overnight courier, or registered or certified mail to:
Designer Blooms Inc.
8321 Willard Street,
Burnaby, British Columbia
We may update the electronic or physical mail address for notices to us by posting a notice on the Site. Notices provided by personal delivery and email will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
16. Entire Agreement.