Terms of Service
Welcome to Flowers by Sears™ ( www.flowersbysears.ca ).
Please take a few minutes to read over the following terms and conditions that govern the use of our website.
Please be advised that by using this website in any way, you are hereby agreeing to the following terms and conditions. Please check this page often, as Flowers by Sears reserves the right to change or modify these conditions at any time without prior notice to you.
Personal Use
Flowers by Sears is intended for personal, non-commercial use only. We would like to inform you that any unauthorized use of material obtained from our web site for a non-personal purpose is strictly prohibited and may result in legal action.
Prohibited Use
By using this website, you are entering a legally binding contract stating that you will not use the website for any unlawful or destructive purpose. This includes using the website in a way that may damage, disable, overload or otherwise disrupt the website’s operations.
Misrepresentation
As a user of this website, you agree not to misrepresent your identity and/or location.
Usage
As a user of this website, you are prohibited from attempting to access information not intentionally made available to you.
Account
In order to perform certain functions on this website, you will be required to have a password-protected account. It is completely your responsibility to keep your user name and password secure. You must refrain from disclosing your account information to anyone. In the event that any unauthorized use of your account takes place, you have a responsibility to notify Flowers by Sears immediately. Flowers by Sears is not responsible for any damages you may incur as a result of your failure to keep your account information secure.
Intellectual Property Rights
The Flowers by Sears logo, Sears logo and any other trademark material used on our website are the property of their respective owners. In no way may you: use, reproduce, copy or manipulate any of the logos or trademarked materials present on this website in any manner without the prior written consent of the legal owner of such material.
All text, pictures, video, audio and any other information present on this website are subject to intellectual property rights including copyright, trademark, and other proprietary rights. All such rights are expressly reserved.
Customer feedback
Flowers by Sears welcomes customer feedback. In the event that you provide Flowers by Sears with your input please be advised that by doing so you are granting Flowers by Sears the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate, distribute, and display such material in any form or medium we deem appropriate. This material includes the name and any other personal information submitted with the review.
Availability
Please be advised that all content present on this website is provided on an as is and as available basis. By using this site you are agreeing to waive all warranties and liabilities, expressed or implied, with respect to the operations of this website or any other website that is linked to this website.
Server and Website
Please acknowledge that Flowers by Sears or its owners, employees, affiliates, successors or other representatives will not be responsible, either in contract, warranty, tort (including passive or imputed negligence), product liability, strict liability or other theory, for any and all damages that may arise from the use of this website or the products sold on it. This includes, without limitation, any direct, indirect, incidental, extraordinary, exemplary, punitive or consequential damages that may result from the website’s operation or lack of operation, even if Flowers by Sears was advised about such damages potentially occurring.
User Termination of Terms and Conditions
If at any point in time you decide you don’t or can’t agree with any of the terms and conditions listed on this webpage, your sole and only course of action is to leave the website immediately and refrain from returning to this website in the future.
Responsibility
You are responsible for all fees resulting from any claim, cause of action, demand, including but not limited to, legal, accounting and other fees resulting from your use of this website.
Shopping
To purchase an item from this website you must be the legal age of majority as stated by the law of the province or territory in which you live. You must agree to pay for all charges associated with the product you plan to purchase from the website. All prices listed on this website are in Canadian dollars. Please be advised that all the products listed on this website may only be ordered for lawful and non-commercial purchases. Flowers by Sears has the right to limit quantities of certain products available through the website. Flowers by Sears maintains the right to and may restrict or terminate access to any page located on this website for any reason, at any time.
Inaccurate Information, Errors, Missing Information
Flowers by Sears makes all efforts to ensure that the content of our webpage is accurate, current and up-to-date. However, Flowers by Sears cannot guarantee that our website will be free of errors, will not contain inaccurate information, or will not be missing information. These errors may misrepresent price, content, product description and availability. Flowers by Sears maintains the right to correct any error without notifying you. In addition to this right, we also reserve the right to refuse or cancel any orders that had/would have been affected by such an error, whether or not the order has been submitted, confirmed or paid for. In the event that the product was paid for, Flowers by Sears will provide you with a full refund.
Taxes
Sales taxes are calculated based on the laws that govern the location of the recipient.
Product Colour
Although Flowers by Sears makes all the available efforts to display the products featured on this website accurately, due to intangible variables that exist within the floral industry, as well as variations on the quality of computer monitors, we can’t guarantee that the colour you see will be an exact match of the colour of the product when it is delivered.
Delivery
Flowers by Sears will make every available effort to make sure that when a product is ordered it is delivered within the time period requested by the customer. However, you must understand that Flowers by Sears will not be held accountable for delays or lack of delivery, beyond the price paid for the product ordered. Please be advised that Flowers by Sears is not liable for any damages whether punitive or financial that may result from a product not being delivered or being delivered late/early.
Orders requiring delivery to remote, out-of-the way, or under serviced rural areas may be subject to additional charges to cover the cost of delivering the product. In these situations, we will contact you (via email or telephone) prior to processing your order. You will have the option of either approving or cancelling the order after being informed of the additional costs associated with delivering the product.
Links
This website my contain links to other websites. These links are provided for your interest and convenience. Please be advised that the appearance of a link on our website does not imply an approval of the accuracy or safety of said website. Please note that Flowers by Sears has no control over the content and operations of these websites. If you choose to visit one of these websites, we advise you to read their terms and conditions page, and to proceed at your own risk.
Precedence
These Terms and Conditions in conjunction with our privacy policy and security policy represent a legally binding agreement made between you and Flowers by Sears. This agreement will replace any and all prior oral or written communications between the two parties. In the event of a conflict between a previous, present or future agreement and the above Terms and Conditions, the Terms and Conditions will always take precedence, unless specifically noted in the agreement.
Severability
If for one reason or another one provision of these Terms and Conditions is deemed unenforceable, all remaining provisions will remain and be enforced to the fullest extent of the applicable law.
Applicable Law
These Terms and Conditions and the use of this website shall be governed solely by the laws of the province of Ontario and therefore the laws of Canada.
The United Nations Convention on Contracts for the International Sale of Goods will not apply to the use of this website.
If you have any questions about our Terms and Conditions, please contact us
