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Terms & Conditions

Please read these Terms and Conditions (“terms”) carefully before using this website. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content of Fleurish Botanical Medicine website located at www.fleurishbotanical.com. This website is operated by Fleurish Botanical Medicine. The terms “we”, “us”, and “our” refer to Fleurish Botanical Medicine. Your access to and use of our website constitutes your agreement to these Terms and is conditional upon your acceptance and compliance with these Terms. 

 

By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. These Terms set out the understanding between us and you with respect to their subject matter. We may amend these Terms at any time on our website. The amended Terms become effective immediately and you will be bound by the amended Terms at that time. We recommend you visit this page periodically to review the Terms and Conditions.

 

Our store is hosted on Wix Inc. They provide the e-commerce platform that allows us to sell our products and services to you.

Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offense or violate any law (including but not limited to copyright law). You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. 

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms and Conditions regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Data Protection

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

We will not pass on your personal details to other companies for marketing purposes. We will keep a record of your contact details primarily to fulfill any order that you place and to exchange communications with you about your orders if necessary. With your permission we may also send you news of offers and promotions run by Fleurish Botanical Medicine. For further information please see our Privacy Policy.

Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

Products & Services

Price and availability of any product is subject to change without notice, and we will not be responsible for errors in the prices or descriptions. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

Ordering Information

Our website is open 24 hours a day for you to order. To place an order from our website simply place the items into your shopping cart. If you want more than one of the same item simply set the quantity to the desired amount. To remove an item, simply set the quantity to zero. When you have your desired order, click the “Checkout” button to enter your billing and shipping information.

When you place an order to purchase a product, we will send you an email confirming receipt of your order and containing the details of your order. This order acknowledgement email is not an acceptance of the order by us and does not guarantee the fulfillment of the order. If there are any problems or difficulties with your order at this stage then a member of the team will contact you to explain the issue and seek a resolution, all goods are subject to availability. No contract of sale of any product will subsist between you and us until the product(s) ordered have been dispatched. We will send a confirmation email when the goods have left us. This confirmation email constitutes an acceptance by us of your offer to buy goods. We may decline to supply the products to you without giving any reason. We are entitled to withdraw from any contract in cases of errors of errors or inaccuracies regarding the information appearing on the website or in the order.

Accuracy of Information

We seek to ensure that all information, including prices, is accurate. However, errors and discrepancies can occur. If we discover any errors in the price of goods, we will notify you as soon as possible and give you the option to re-submit your order at the correct price or to cancel the order. If we are unsuccessful in contacting you, we will consider the order canceled and you will receive a full refund.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Returns & Exchanges

We do not accept returns. Fleurish Botanical Medicine offers free 15 minute discovery calls, if you are unsure whether a product would be suitable please book a free discovery call with our Medical Herbalist and she will direct you to the most indicated product. 

We can only exchange a product if it is defective or damaged. In the event that a product is defective, you should contact us within one week of purchase with details of the product and the defect. Once the damaged item is returned and inspected we will gladly ship you a replacement. Exchanges will be subject to our exchange policies in effect at the time the transaction is made. You agree to pay all charges that may be incurred by you or on your behalf through our website, at the prices in effect when the charges are incurred, including without limitation all shipping and handling charges. You are also responsible for any taxes that may be applicable to your transactions.

Incorrect Item Received

If you receive an incorrect item due to company error, please contact us and we will promptly send you a replacement. If we request that the incorrect item be returned, we will provide the shipping label and cover the shipping costs of the correct item.

Service for Canada Only

Our website is not intended to subject us to the laws or jurisdiction of any province, territory, state or country other than those of Canada. Unless otherwise specified, the materials made available through the Website are presented solely for the purpose of providing products and services available in Canada. We make no warranty or representation that the website, or any product, service or materials made available through the website are appropriate or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

Third-Party Links

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking.

User Comments, Feedback, & Other Suggestions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

Errors & Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

Disclaimer of Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms

Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

Changes to Terms & Conditions

You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 and Conditions constitutes acceptance of those changes.

Contact Information

Please contact us with any questions, comments or feedback.

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