Terms of Use & Privacy Policy

TERMS OF USE

1. General

This website (the “Website”) is owned and operated by Melanie Robson and Ewan Robson, operating as Fleurs à la Carte, a partnership duly registered under the laws of the Province of British Columbia (“Bouquet in a Card”).  Your access to and use of the Website and any services provided therein is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use.

Bouquet in a Card reserves the right to suspend or cancel your registration immediately at their sole discretion, to be exercised reasonably, should you be in breach of any of these Terms and Conditions and Privacy Policy.  The suspension or cancellation of your registration and your right to use the Website shall not affect either party's rights or liabilities.

You must register to use the Website.  By registering and using the Website, you acknowledge and agree that you have read and understand these terms and conditions of use of the Website, and you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.  If you do not think they are reasonable, you must immediately stop using the Website.

Bouquet in a Card reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.  It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2. Acceptable Use

In using the Website you agree not to:

a) Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

b) Collect or store personal information about others, including email addresses;

c) Impersonate any person or entity for the purpose of misleading others;

d) Violate any applicable laws or regulations;

e) Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

f) Attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the Website through hacking, password mining or any other means.

3. Links to Third Party Websites

The Website may include links to third party websites that are controlled and maintained by others.  Any link to other websites is not an endorsement, recommendation or sponsorship of such websites and does not imply any relationship or association with Bouquet in a Card.  You further acknowledge and agree that Bouquet in a Card is not responsible for the changeable content or availability of any such sites.

4. Disclaimer & Limitation of Liability

You agree to bear all risks associated with the use of any content, including any reliance on the accuracy or completeness of such content.  Further, and to the maximum extent permitted by law, Bouquet in a Card disclaims all representations and warranties, express or implied, with respect to such information, services, products and materials, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer viruses, and implied warranties arising from the course of dealing or course of performance.

All information, services and products provided by Bouquet in a Card through the Website, including without limitation all text, graphics and links are provided on an “as is” basis with the explicit understanding that Bouquet in a Card, including any of its directors, officers, shareholders, employees, consultants, agents, heirs, executors, administrators and assigns, shall not be liable to any person or entity for loss or damage caused, or alleged to have been caused, any manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, claims, demands and obligations whatsoever, at law or in equity, in relation to any products ordered and/or delivered, the contents of, or the use of, or otherwise in connection with, the Website, either directly or indirectly, including any information or ideas contained, suggested or referenced by Bouquet in a Card, including any of its directors, officers, shareholders, employees, consultants, agents, heirs, executors, administrators and assigns, or contained within external sites to which links are provided, even if Bouquet in a Card has been previously advised of the possibility of such damages.

Bouquet in a Card makes no promise that materials or products sold and purchased through the Website are appropriate or available for use in locations outside Canada, and accessing the Website from jurisdictions where its contents are illegal or unlawful is prohibited.  If you choose to access this site from locations outside Canada, you do so of your own risk and you acknowledge and agree that you are therefore personally responsible for compliance with any local legislation governing same.

5. Jurisdiction

These Terms of Use and Privacy Policy shall be governed by and are to be construed in accordance with British Columbia law.  The parties irrevocably agree that the courts of British Columbia shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use and Privacy Policy.

6. Copyright

All rights reserved. No part of this website, text, graphics, pictures or other material can be used without express written consent of Bouquet in a Card.  You may use its content for your personal non-commercial use only, such as making a purchase, for which you may download and print a copy of its content. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from Bouquet in a Card.

No licence is granted to you in these terms to use any trademark of Bouquet in a Card or its affiliated companies.

7. Accessibility

Bouquet in a Card’s primary objective is to provide all customers and website users with exquisite service, including ensuring that product descriptions and prices are correct at the time relevant information was entered onto the website.  Bouquet in a Card makes no promise that the services through the Website will meet your requirements or be compatible with your equipment, software or telecommunications. Bouquet in a Card cannot guarantee that the service will be fault-free. If you have any concerns relating to the service of Bouquet in a Card, please contact us at your earliest convenience.

Access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new features or services.  In such occasions, Bouquet in a Card will work to ensure that the Website will be restored in the shortest time possible.

8. Severability

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9. Contact Information

If users have any questions or suggestions regarding our Terms of Use or Privacy Policy, they can contact us at:

Phone: 1-855-477-5661

Email: info@bouquetinacard.com

Fleurs à la Carte/Bouquet in a Card
104-5309 Main Street
Kelowna, BC  V1W 4V3

PRIVACY POLICY

1. General

Bouquet in a Card values your privacy and is committed to maintaining the accuracy, confidentiality and security of your personal information.  In this Privacy Policy, we refer to “personal information” as any information about you as an identifiable individual.  Personal information does not include non-identifiable or non-personal information (i.e. information that cannot be associated with or tracked back to a specific individual).

Bouquet in a Card is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in our Privacy Policy.  Bouquet in a Card collects information from our users at several different points on our website.

From time to time, we may make changes to this Privacy Policy to reflect changes in our legal obligations or in the manner in which we deal with your personal information.  You are further advised that, unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while Bouquet in a Card strives to protect your personal information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk.

The following describes how we collect, use and disclose the personal information of those individuals who visit our website.

a) Registration

You must register to use the Website.  By registering and by using the Website, you acknowledge and agree that you have read and understand these Terms and Conditions and Privacy Policy governing the use of the Website, and you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.  If you do not think they are reasonable, you must immediately stop using the Website.

b) Profile

We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to a user's personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our Web site, and to direct pertinent marketing promotions to them. We do not share your profile with other third parties.  Please ensure that the personal details you provide on registration are correct and complete and let us know immediately of any changes.

c) Password

When registering you will be asked to create a password. Please keep this confidential and do not disclose or share it with anyone.  You are responsible for all orders submitted under your password. If you suspect someone has used your password please contact us.

d) eCommerce

We request information from the user on order forms. A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill a customer's order. If we have trouble processing an order, the information is used to contact the user. All online purchase transactions are done on a secure server hosted off-site.

Bouquet in a Card uses state of the art security technology to protect our customers when shopping online with the Website. Credit card information is encrypted so that transactions are private and protected as information is exchanged over the Internet. All orders must be placed through browsers that accept Secure Socket Layer (SSL) technology.

The Website operates the highest standard of encryption available for online trading certified by DigiCert®. All Bouquet in a Card orders are processed with a secure connection with PayPal® so it is virtually impossible for unauthorised parties to read any information that you send us.  We do not store your payment details.

e) Cookies

A cookie is a piece of data stored on the user's computer tied to information about the user. This data is stored on your hard drive and is returned to our server every time you access certain pages on the Website.  Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use three types of cookies on the Website:

1. Session ID cookie – once a user closes the browser, the cookie simply terminates;
2. Persistent cookie – a small text file stored on the user's hard drive for an extended period of time. These are used to remember login details, address details and basket details. Persistent cookies can be removed by following Internet browser help file directions; and
3. Third party cookies – these are used by our partners to measure site visitors, such as Google Analytics.  Google Analytics is a tool that allows us to track visitors and how our site is used. All personal information collected is anonymous so neither Google nor Bouquet in a Card can use your details for any marketing purposes. We use this for seeing which products and pages are most popular.  In addition, from time to time we send out marketing emails to users who have opted in to our mailing list. These emails have cookies that allow us to track how many visitors clicked on a link in the email and how much revenue each email generates.

This privacy statement covers the use of cookies by Bouquet in a Card only.

f) Log Files

Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

2. Children's Privacy

The Website is directed toward and designed for use by persons aged 16 or older.  Bouquet in a Card will not approve applications of, or establish or maintain accounts or memberships for, any child whom Bouquet in a Card knows to be under the age of 16.  Bouquet in a Card does not solicit or knowingly collect personally identifiable information from children under the age of 16. If Bouquet in a Card nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom Bouquet in a Card otherwise has reason to believe is, under the age of 16, Bouquet in a Card will delete such information from its systems. Additionally, a child's parent or legal guardian may request that the child's information be corrected or deleted from Bouquet in a Card’s files by contacting us.

3. Communications from the Site

a) Special Offers and Updates

We send all new members a welcoming email to verify password and username, and those who place an order will be sent order notifications. Established members will occasionally receive information on products, services, and special deals. Out of respect for the privacy of our users, an 'opt out' or 'remove from list' feature is provided with all these communications. Users may also contact us to opt out.

b) Newsletter

If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users’ privacy we provide a way to opt-out of these communications.

c) Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

d) Customer Service

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the users' wishes.

e) Information Sharing

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

We may from time to time make our mailing list available to carefully selected companies which may be of interest to you. If you would prefer not to receive such mailings please contact us, confirming that you wish to be removed from this service. For orders placed by telephone, if you do not wish your details to be passed on to other reputable companies for marketing purposes please state this to your customer service representative.

f) Links

This Web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.

g) Surveys

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as postal code).

h) Security

This Web site takes every precaution to protect our users' information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card numbers), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just 'surfing'. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Furthermore, all employees are kept up-to-date on our security and privacy practices.

ORDERING, SHIPPING & DELIVERY POLICY

1. Product Availability

All products are subject to availability while stocks last.  Bouquet in a Card reserves the right to withdraw any products for sale without incurring liability in relation to same.

Please note that all our products are fresh and subject to seasonal variations, so if any flowers are not available, we reserve the right to substitute your order with flowers of equal or greater value. All items will be dispatched individually unless specifically requested otherwise

2. Pricing & Payment

All prices are in Canadian dollars.  Prices include Express Post delivery services and are subject to change without notice. The price payable by you is the price of the product displayed on the website at the time of placing your order.  If you believe there has been any error in relation to this price, please contact us.

Payment will be taken from your debit or credit card on submitting your order on the Website, via Website Payments PayPal Pro.

When you place your order with Bouquet in a Card this represents an offer to purchase a product. Title to the products will pass to you once your order has been accepted and payment has been received in full (including any delivery charges). The product(s) will be at your risk from the time of delivery to you.

3. Refunds

To request a refund, please return your product to 104-5309 Main Street, Kelowna, BC  V1W 4V3.  You can also contact us.  Refunds may take 7-10 days to be shown on your bank statement.

4. Refunds on Promotional Offers

Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected. All refunds require the relevant product(s) to be returned in the original packaging.

5. Delivery in Canada

Our detailed Shipping & Delivery Policy

Bouquet in a Card uses Canada Post  - Xpresspost Delivery Services.

Deliveries are guaranteed within 1 or 2 days depending on the recipient address and location. Canada Post does not deliver on Saturday or Sunday, so in order to avoid having fresh flowers spend the weekend in Post Canada depots, Bouquet in a Card products can only be shipped from Monday to Thursday.

To make sure that the product is delivered at the door and not left on the porch in hot or cold weather, a signature is required at delivery. If the recipient is not home, a delivery notice will be left at their door and they will need to collect their parcel at the nearest post office.

Please make sure that the recipient will be at home when you send them their gift.  Bouquet in a Card will ensure that all Bouquet in a Card products arrive in excellent condition on the date of delivery specified by the customer; however, Bouquet in a Card will not be held responsible for the whereabouts of recipients at time of delivery. We cannot guarantee flower quality in the event that the recipient does not receive/collect their delivery two (2) or more days following attempted delivery.  Bouquet in a Card will replace or refund any products that are lost due to delivery issues caused by Bouquet in a Card and/or Canada Post.