Terms & Conditions

Last Updated:  11/22/2024

1. Introduction

This Terms of Use (hereinafter the “Agreement”) is an agreement between you (hereinafter “you” or “user”) and www.artificialflowercompany.com and its affiliates (collectively, “artificialflowercompany”, “we”, “us” and “our”) . The Agreement is applicable to all the users or browsers accessing artificialflowercompany’s websites that reference or link to this Agreement.

Before creating an account on artificialflowercompany’s websites or using artificialflowercompany’s services, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding service fees, applicable laws, dispute resolution, the exemption of artificialflowercompany’s website from liabilities or restrictions to its liabilities, and your rights and obligations.

By clicking “Agree” on the relevant web page/applications and/or creating and using an user account (hereinafter “Account”), you are regarded as having read, understood, and agreed to this Agreement and to be bound by its terms. If you do not agree to this Agreement, you have the right to exit and cease using artificialflowercompany’s services.

2. User account, Accuracy & Security

2.1 Creating an Account

When you access and use certain parts of artificialflowercompany’s websites, you may be asked to create a user account and to provide information that personally identifies you.

After successfully creating your account, you can use it to log in to various artificialflowercompany’s websites without needing to create an account again.

2.2 Information Accuracy

For the information you provided, we will only process that information for the purposes of verification of your identity, we will not process that information for unrelated purposes. You represent and warrant that all user information you provide in connection with your Account and your use of our services is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to artificialflowercompany’s website services. For additional information, see our Privacy Policy.

2.3 Account Security

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to our services. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by us, employees, agents, and representatives due to someone else’s use of your Account.

3. Privacy Notice & Cookies

By using artificialflowercompany’s services, you represent and warrant that you have read and understood and agree to be bound by artificialflowercompany’s Privacy Policy .

As explained more fully in the Privacy Policy, artificialflowercompany’s websites uses Cookies to collect certain information from you. Before using artificialflowercompany’s websites, please carefully read and fully understand artificialflowercompany’s Privacy Policy.

4. Eligibility

By accessing and/or using artificialflowercompany’s services, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using artificialflowercompany’s services on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

5. Purchases & Payments

If you purchase a Product through artificialflowercompany’s websites, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through artificialflowercompany’s websites, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from artificialflowercompany’s website, we will send you an email confirming receipt of your order and containing the details of your order. The Email is acknowledgment that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we’ve dispatched the product to you.

If you are not fully satisfied with the Products purchased by you on artificialflowercompany’s websites, you may return the Product, in its original packaging, to us for a refund within thirty (30) days of the date of your purchase. You can request and arrange for such a refund by contacting us via artificialflowercompany’s websites. After the 30-day refund window has expired, your only recourse regarding the Products is through our warranty.

At our sole discretion, you may be permitted to purchase certain Products by using the payment processing services of PayPal.com (“PayPal”). You understand and agree that Paypal are Third Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.

6. License to Use Service

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access our services for your personal use. If we updates the Website, these Terms will also apply to any such updates unless a separate license agreement accompanies the update. All rights that are not explicitly granted in these Terms are reserved by artificialflowercompany. You may download, print, and access materials from the Website as long as you retain all proprietary notices, trademarks, and other identifying information found on those materials. All other rights remain with artificialflowercompany.

7. User Content

In the Agreement, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to artificialflowercompany’s services, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that we shall not bring an action for infringement of any Product reviews posted by you without your express further permission.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to our services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

We reserve the right to edit or remove any material submitted to artificialflowercompany’s services, or stored on our servers, or hosted or published upon artificialflowercompany’s services.

Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, artificialflowercompany’s services.

8. Limitation of Liability

In no event shall we or our licensors or suppliers be liable to you for any claims arising from your use with artificialflowercompany’s services, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to us or our licensors and suppliers arising out of or in connection with your use of artificialflowercompany’s services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. aritificialflowercompany’s services would not be provided without such limitations.

9. Copyright and Trademark 

While artificialflowercompany uses reasonable endeavours to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and artificialflowercompany will not be responsible for any errors or omissions or for the results arising from the use of such information. While artificialflowercompany takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. 

The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of  artificialflowercompany or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website in any form is prohibited save that you may: 

Copy, print (one copy only) or download extracts of the material on this Website for the sole purpose of using this Website in good faith for domestic purposes or placing an order with artificialflowercompany; and copy, print (one copy only) or download the material on this Website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them. 

10. Reasonableness

By using artificialflowercompany’s services, you agree that the exclusions and limitations of liability set out in the Agreement are reasonable.

If you do not think they are reasonable, you must not use artificialflowercompany’s services.

11. Other Parties

Artificialflowercompany’s services may be linked with services of third parties (“Third Party Services”), some of whom may have established relationships with us and some of whom may not. We do not have control over the content and performance of Third Party Services. We have not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Services. Accordingly, we do not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services. We disclaim, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Services.

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees, in respect of any losses you suffer in connection with artificialflowercompany’s services.

12. Indemnity

Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless us (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to us, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of artificialflowercompany’s services or products; (iv) your provision to us or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 8 regarding prohibited uses of artificialflowercompany’s services and other prohibited conduct; or (vii) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned artificialflowercompany.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Agreement will protect our employees, agents, and sub-contractors as well as us.

13. Termination

13.1 Termination

Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny the use of artificialflowercompany’s services to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by us.

13.2 Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use artificialflowercompany’s services. Upon termination, we may, but has no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of artificialflowercompany’s services. Upon termination, you shall cease any use of artificialflowercompany’s services.

After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized use of artificialflowercompany’s services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

13.3 Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4 and 7–16.

14. Dispute Resolution

14.1 This Agreement is governed by the laws of the People’s Republic of China.

14.2 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Shenzhen International Arbitration Court. The arbitral tribunal shall consist of three arbitrators appointed in accordance with the said rules. The language of the arbitration shall be Chinese. The place of arbitration shall be Shenzhen, China.

15. Notices

All notices required or permitted to be given under this Agreement must be in writing.  We shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice is in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by submitting said notice to us at service@artificialflowercompany.com.

16. Miscellaneous

16.1 Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement.

16.2 Severability

If a provision of the Agreement. is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16.3 No Waiver

A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

16.4. Independent Contractors

You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

16.5 No Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement, with the following exceptions: Indemnitees, and our licensors and suppliers (to the extent expressly stated in this Agreement).

16.6 Entire Agreement

This Terms of Use, together with our privacy policies, constitute the entire agreement between you and us in relation to your use of artificialflowercompany’s services, and supersede all previous agreements in respect of your use of artificialflowercompany’s services.

16.7 Changes to the Agreement

If we decide to change the Agreement, we will update the modification date at the beginning of the Agreement. If the change is material, we will provide you with notice pursuant to Section 15.

16.8 Contact Us

If you have any questions about our Terms of Use, please contact us at service@artificialflowercompany.com.

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