Terms & Conditions

Terms and Conditions

We are committed to make your shopping experience as fuss-free and enjoyable as much as possible. These terms and conditions (the "T&Cs") apply to www.thewildflowershop.com (the "Site") and form the terms and conditions on which we supply products and services to you. Please read through the T&Cs prior to using the Site. Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to the T&Cs.

Accessing And Using The Site

As a condition of your access to and/or use of the Site, you warrant that:-

  • all information supplied by you on the Site is accurate, current and complete;
  • you are 18 years of age or older in order to access and/or use the Site; and
  • you will not copy or distribute any part of the Site in any medium without Thewildflowershop's prior written authorization.

You shall be solely responsible for your access to and/or use of the Site and its materials herein.

Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.

 Prohibited Activities

You agree and undertake not to:

  1. Use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
  2. Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  3. Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site's data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
  4. Post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

Links To Third Party Sites

The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by Thewildflowershop, including third party payment system providers. You acknowledge and agree that Thewildflowershop is not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them.

By using the Site, you expressly relieve Thewildflowershop from any and all liability arising from your access and use of any third party website.

We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.

User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Warranties And Liability

The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.

Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-

  • life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Thewildflowershop;
  • improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
  • third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and
  • any warranties provided under these T&Cs if the total price for the product has not been paid in cleared funds by the due date for payment.

You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and Thewildflowershop does not retain or process any such payment information.

Thewildflowershop cannot guarantee the security of such third party payment system(s) or any payment data on the Site, Thewildflowershop is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, Thewildflowershop is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve Thewildflowershop from any and all liability in connection with the acts, omissions or defaults of such third parties.

  1. To the extent permissible at law: We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Order;
  2. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such Order.  

Indemnities

You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of: 

  1. Your access of, use of and/or participation in this Site; 
  2. Breaches of your obligations under these T&Cs; 
  3. Your violation of any rights of another person or entity; and/or
  4. Your breach of any statutory requirement, duty or law. 

Termination

We will determine in our sole discretion whether there has been a breach of these T&Cs through your use and/or access of the Site. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including:-

  • Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
  • Issuing a warning to you;
  • Commencing legal proceedings against you for loss resulting from your breach; and
  • Disclosure to law enforcement authorities of such information as we reasonably deem necessary.

We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes to Terms of Services

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

Contact Information

Questions about the Terms & Conditions should be sent to us at customersvc@thewildflowershop.com.