TERMS & CONDITIONS
This Agreement is a contract between you and Lady Elegance Florist Sdn Bhd. By using Lady Elegance Florist Online, you are bound by this Agreement.
- In these Terms and Conditions the following expressions shall have the following meanings:
- “Customer” shall mean you and all other persons who purchase the products under your Login.
- “Intellectual Property” shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.
- “Login” shall mean a Customer’s online access to Lady Elegance Florist Online under that Customer’s registration.
- “Product/Products” shall mean any and all the products for sale by Lady Elegance Florist Online.
- “Lady Elegance Florist Online” shall mean Lady Elegance Florist Sdn Bhd who is the seller of the products by Lady Elegance Florist Online.
- “Lady Elegance Florist Online ” shall mean this Internet site and the medium by which Products are offered for sale by Lady Elegance to the Customer.
- All the Products sold by Lady Elegance Florist through this site are sold subject to these Terms and Conditions. By submitting your order for processing by Lady Elegance Florist Online, you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your order is submitted for processing.
- These terms and conditions shall prevail over any other document purporting to have a contractual effect including any store policy at Lady Elegance Florist retail store.
- The Customer shall agree to complete the registration process according to requirements by Lady Elegance Florist as stated on this site. The Customer shall provide Lady Elegance Florist with complete and updated information which shall include (but shall not be limited to) the Customer’s legal name, address, telephone and fax numbers (optional) and e-mail address.
- Registration to open to anyone.
- The Customer will be liable for every order made under his Login and agrees to indemnify Lady Elegance Florist for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer’s Login. The Customer shall be responsible for updating his registration information.
- The Customer may place his order via our website at : http://www.ladyelganceflorist.com
- The Customer will receive a confirmation of receipt of order via e-mail.
- Free delivery to one location with purchase of $200 and above in one receipt. Additional delivery charge may apply for any other special arrangements such as special timing, location, etc.
- Access to Lady Elegance Florist Online is gained through the use of a personal login ID. The Customer shall ensure that his login ID is kept strictly confidential to prevent unauthorized use. Lady Elegance Florist shall use its best endeavors to prevent any unauthorized entry to the Lady Elegance Florist Online internet site. However, Lady Elegance Florist shall not be liable for any damages or losses whatsoever if any third party gains unauthorized access to the Lady Elegance Florist Online internet site.
- A customer registration form must be completed before an order may be placed with Lady Elegance Florist Online. The Customer warrants that all information and data provided at the point of registration is accurate, complete and up to date. The Customer shall promptly inform Lady Elegance Florist Online if there is a change to this information or data.
- The Customer is responsible for any costs associated with accessing the Lady Elegance Florist Online website and placing an order for goods with Lady Elegance Florist Online, including any Internet provider fees.
- In order to purchase goods from Lady Elegance Florist Online, the customer shall have a Delivery Address within Malaysia. Lady Elegance Florist Online shall not be obliged to deliver goods to an area outside Malaysia.
- Lady Elegance Florist shall make every effort to ensure that the prices and details of Products detailed by Lady Elegance Florist Online are correct but Lady Elegance Florist reserves the right to vary the price and other details of the Products without notice.
- The prices advertised by Lady Elegance Florist Online are applicable at the time you view it. Prices for some Products may not necessarily correspond to the prices at Lady Elegance Florist retail stores. The price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only.
- Goods in your order are charged at the purchase price applicable at the time you submit your order and as shown on the order confirmation, except:
- If a good is out of stock, in which case the customer shall not be charged for that good; and
- If the Customer has given instruction to accept a substitute good, in which case the substitute good will be charged at the price at the time the substitute good is scanned for the Customer’s order.
- Upon delivery of the goods, Lady Elegance Florist Online shall provide the customer with an invoice specifying the total price for the goods.
- This payment for Products ordered through Lady Elegance Florist Online can be made with all major credit cards.
- If the Customer’s credit card is declined by its financial institution, Lady Elegance Florist Online reserves the right to refuse delivery of Products to its Customers.
- Lady Elegance Florist may change at any time the method by which payments for Lady Elegance Florist Online orders may be affected and such changes may be notified to the Customer by e-mail, phone call, or by placing a notice to this effect on the Lady Elegance Florist Online internet site.
- Flower deliveries can be done on Mondays to Saturdays.
- Same day delivery for orders before 2pm. All orders after 2pm will receive their goods the next day, except on Sundays.
- Lady Elegance Florist will not be held responsible if a delivery arrives late due to any circumstances impacting the availability of the courier service that we use or anything else outside of Lady Elegance Florist’s control.
- In the event of a non-delivery, please contact us at email@example.com or via phone +6011 2668 1331 (Mon-Sat, 9:00 AM – 6:00 PM). It is the customer’s responsibility to contact us within one (1) day (24 hours) of the scheduled delivery date in order to claim a refund. Failure to do so will result in the lapse of any rights to a refund.
- Lady Elegance Florist is able to deliver to all states in Malaysia.
- Please email or call us if you wish to change your address. Please ensure this is done 24 hours or one (1) day before the intended delivery date. We are unable to provide refunds for any deliveries sent to the wrong location where we have not received advance notice.
VARIATION / CANCELLATION OF ORDER
- The Customer may vary or cancel the order up to the point in time that Lady Elegance Florist has commenced processing the order and the Customer will not incur any cost in doing so.
- Subject to the Customer’s consent, Lady Elegance Florist may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
- If there is no prior consent from the customer for a substitution, no substitution shall be made.
- All risk in the Products shall pass to the Customer upon delivery to the Customer’s delivery address but Lady Elegance Florist shall retain title in the Products until such time as payment for the Products has been effected.
- Product pictures provided on this site are provided to help recognise products. Due to packaging redesign and improvements these may not reflect exactly on the pack you receive.
- Lady Elegance Florist shall use its best efforts to ensure that orders are correctly fulfilled. Should there be any discrepancy, please email us at firstname.lastname@example.org by the next working day.
- There will be no refund acceptable. Returns will only be made if the flowers are delivered in a very poor shape or forms.
- The liability of Lady Elegance Florist whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Lady Elegance Florist obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.
- Lady Elegance Florist shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Lady Elegance Florist be liable for any damage or loss caused by the Customer’s servants, agents, buyers or other persons whatsoever.
- The Products shall be accepted by the Customer entirely at the Customer’s risk.
- Lady Elegance Florist own the trademark, logos and service marks displayed on this site and/or in connection with the Products and Customers. On-line visitors are prohibited from using the same without the written permission of Lady Elegance Florist or such other parties.
- Visitors shall not do anything to prejudice the rights of Lady Elegance Florist.
VARIATION OF TERMS AND CONDITIONS
- Lady Elegance Florist reserves the right to amend these Terms and Conditions in its sole discretion. Lady Elegance Florist may, but does not undertake to, notify the Customer of such changes. It is the Customer’s responsibility to review the Terms and Conditions prior to submitting any order and Lady Elegance Florist shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.
- These Terms and Conditions shall be governed by the laws of Malaysia and the Customer and Lady Elegance Florist agree to submit to the jurisdiction.
- The Customer authorises Lady Elegance Florist to collect, retain and use personal information about the Customer for the following purposes:-
- Undertaking any dealings or transactions with the Customer and providing continuous services to the Customer;
- Assessing the Customer’s credit-worthiness;
- Sending the Customer any advertising and/or promotional material;
- Designing services for Customers;
- Notifying Customers of special offers or new Products;
- Notifying Customer of up-dates to this site;
- Performing statistical and analysis of Customers’ behaviour and characteristics in order to measure interest in and use of the various areas of this site and providing this information to advertisers together with information as to the number of users that have been exposed to or clicked on their banners
- The Customer further authorises Lady Elegance Florist to collect personal information about the Customer from the Customer or any other source available to Lady Elegance Florist including but not limited to credit referral agencies, the Customer’s bank (present and past) and other suppliers or products and services to the Customer and other persons or companies with whom the Customer will have been associated.
- The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to Lady Elegance Florist then his/her application for registration to Lady Elegance Florist Online may not be accepted.
- The Customer is aware that any personal information supplied by the Customer will be retained by Lady Elegance Florist and will be accessible to employees of Lady Elegance Florist and other persons or corporate bodies engaged by Lady Elegance Florist for or in relation to any of the purposes listed above, or to third parties and the Customer authorises Lady Elegance Florist to disclose all or any part of any personal information provided by the Customer to such third parties.
- The Customer acknowledges that Lady Elegance Florist shall retain all personal information supplied by the Customer and unless otherwise notified to Lady Elegance Florist may continue to contact the Customer with marketing information even after the Customer’s registration is cancelled.
- Lady Elegance Florist does not sell, rent or lease its Customer lists to third party.
- Personal data held by Lady Elegance Florist relating to its Customers or to visitors to this site will be kept confidential.
- Any questions, comments, suggestions or information other than personal data sent or posted to this site, or any part of this site by online Customers and visitors will be deemed voluntarily provided to Lady Elegance Florist on a non-confidential and non-proprietary basis. Lady Elegance Florist reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company.
- Lady Elegance Florist will disclose Customer’s personal data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:-
- Comply with legal process served on Lady Elegance Florist or the site;
- Protect and defend the rights or property of Lady Elegance Florist; and
USERNAME & PASSWORD
- The Customer shall take responsibility for the safe-keeping of his login email ID and his password.
- The Customer is liable if his login email ID and password are used by an unauthorised person. The Customer shall release and indemnify Lady Elegance Florist from any liability arising from the unauthorised use of his login email ID or password.
SAFETY OF PERSONAL DATA
- All reasonable efforts are made by Lady Elegance Florist to ensure that any personal data held by Lady Elegance Florist is stored in a secure and safe place and no unauthorised access will be made by Lady Elegance Florist to Customer’s browser.
LIMITATION OF LIABILITY
- By accessing and using this Lady Elegance Florist Online internet site, the Customer acknowledges and accepts that the use of the site is at the Customer’s own risk. Lady Elegance Florist shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing: THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT. LADY ELEGANCE FLORIST HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. LADY ELEGANCE FLORIST ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE/CATALOGUE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.