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These Terms and Conditions govern your use
of the Flosho Site and the Flosho Service.
Flosho, and its subsidiaries (collectively, the
"Company") welcome you to Flosho. The
goal of this web site is to provide access to
our wide selection of floral and gift products
to as wide an audience as possible. To ensure
a safe, pleasant environment for all of our users,
we have established these Terms of Use. In this
way, you will know what you can expect from us
and what we expect from you. By accessing any
areas of Flosho, you agree to be legally bound
and to abide by the terms set forth below.
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF Flosho IS AT
YOUR SOLE RISK. YOU MUST BE 18 YEARS OR OLDER
TO REGISTER AS A MEMBER. NEITHER THE COMPANY,
NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS,
OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT
PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"),
SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"),
OR THE LIKE (COLLECTIVELY, "ASSOCIATES"),
WARRANT THAT Flosho WILL BE UNINTERRUPTED OR ERROR-FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF Flosho, OR
AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF
ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE
PROVIDED THROUGH Flosho; EXCEPT THAT THE COMPANY
DOES GUARANTEE (THROUGH ITS "100% SATISFACTION
GUARANTEE") THAT YOUR FLORAL ARRANGEMENT
WILL STAY FRESH FOR SEVEN DAYS AFTER DELIVERY,
AND IF IT DOES NOT, THE COMPANY'S SOLE MAXIMUM
LIABILITY WILL BE NOT MORE THAN TO REFUND THE
PURCHASE PRICE OR TO REPLACE AND DELIVER AN EQUIVALENT
FLORAL ARRANGEMENT AS SOON AS REASONABLY PRACTICABLE.
Flosho IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY
DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE
OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION
GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY
OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR
THE LIKE, SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DISTRIBUTING Flosho BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS
THAT RESULT FROM THE USE OF OR INABILITY TO USE
Flosho, INCLUDING BUT NOT LIMITED TO RELIANCE
BY YOU ON ANY INFORMATION OBTAINED FROM Flosho
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT RESULTING FROM
ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION,
OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS,
PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE, AND SERVICES AVAILABLE THROUGH Flosho.
You acknowledge that Flosho contains information,
data, software, photographs, graphs, videos, typefaces,
graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights,
trademarks, or other proprietary rights, and that
these rights are valid and protected in all forms,
media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective
work under the Indian copyright laws, and the
Company owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content.
All Flosho Products are subject to availability.
In the event of any supply difficulties, we reserve
the right to substitute a Flosho Product of equivalent
value and quality without notice.
In the event that we are unable to supply the
Flosho Product or any substitute product to you
at all, we shall notify you as soon as is reasonably
possible and shall reimburse your payment in full
and in any event no later than 10 days after the
intended delivery date. UNDER NO CIRCUMSTANCES
SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, OR DISTRIBUTING Flosho
BE LIABLE DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST PROFITS THAT RESULT , FOR ANY DELAY IN REFUND
AFTER 10 DAYS WHICH MAY BE DELAYED DUE TO ANY
REASON.
By clicking on the 'Continue' button on the Order
Form, you are consenting to be bound by our terms
and conditions contained in these Terms and Conditions
and appearing anywhere on the Flosho site.
Submitting your Order Form is subject to our
acceptance of this offer when we issue a written
confirmation of acceptance by e-mail to the e-mail
address with which you have addressed us. We will
not consider ourselves bound by a contract with
you even we have issued this confirmation.
We will confirm your order details and advise
you that we are processing your purchase when
we e-mail you.
We cannot accept Order Forms from customers under
the age of eighteen (18) years.
If you request delivery to remote areas which
are not normally delivered to by an Flosho florist
you will be advised of any additional charges
as soon as possible upon receipt of your Order
Form.
We will process Order Forms received on Sundays
or Public Holidays the next working day. We do
not deliver on Sundays or public holidays but
in this case we will deliver the Flosho Product
you request on the next working day.
For same day delivery we must receive your Order
Form by 12.00pm ( IST time ).
Incorrect personal details may lead to problems
or delays in delivery, so before placing your
order, please ensure that you have included the
full address details, including accurate zip-code
of the intended recipient and your daytime contact
telephone number or e-mail address so that we
can notify you in the event that any delivery
problems are encountered.
Whilst we agree to use all reasonable endeavors
to ensure that delivery will be on the requested
delivery date you acknowledge that actual delivery
will be via a local florist and in very occasional
circumstances delivery on the requested terms
will not be possible. In such circumstances you
will be given prior notice wherever possible and
we shall either make alternative arrangements
or shall reimburse your payment in full.
In case of delivery to certain locations where
a third party is involved, such as hospitals,
airports, hotels and ships, the signature of any
person authorized to accept delivery on behalf
of the organization shall be accepted as proof
of delivery to your chosen recipient and that
generally delivery at reception will be considered
as completion of order/delivery.
In respect of orders, delivery shall be made
as soon as is reasonably practicable but you acknowledge
that delivery on the intended delivery date, particularly
in respect of orders received for same day delivery
or for Sundays and Public Holidays, cannot be
guaranteed and shall automatically be delivered
on next working day.
Orders may be amended or cancelled 48 hours before
the intended delivery date.
To amend or cancel your order, please contact
the Flosho Customer Service Team from 8am until
6pm Monday to Saturday at modifyorder@flosho.com
You are entitled to cancel any payment at any
time where fraudulent use has been made of your
credit or debit card by another person not acting
on behalf of you or as your agent and to be re-credited
by us to the extent that such sums are not reimbursed
by the card issuer in such circumstances.
In the event that you are not satisfied with
the FLOSHO Service any complaints should be addressed
in the first instance to:
Customer Care Head: customercare@flosho.com
Because of the perishable nature of Flosho Products
and in order to assist us in resolving any complaints
quickly and to our mutual satisfaction, we advise
you to make any complaint within 1 working day
of the date of delivery or intended delivery of
your purchase.
Whilst we agree to use our reasonable endeavors
to ensure that the Flosho Site and/or the Flosho
Service is fully operational and error-free we
cannot guarantee this and, therefore, accept no
responsibility for any defects and/or interruption
of the Flosho Site and/or the Flosho Service and
shall be released from our obligations under these
Terms and Conditions in the event of any cause
beyond our reasonable control which renders the
provision of the Flosho Site and/or the Flosho
Service impossible or impractical.
We shall not be liable for any delay or inability
to perform our obligations to you if such delay
is due to any cause whatsoever beyond our reasonable
control.
You agree that you will not use Flosho to send
unsolicited advertising, promotional material,
or other forms of solicitation to other users,
except in specified areas, if any, that are specifically
designated for such a purpose.
The provisions of these Terms of Use are for the
benefit of Flosho, its affiliates its Providers,
Merchants, Sponsors and Licensors, and each shall
have the right to assert and enforce such provisions
directly or on its own behalf.
The Company does not screen public communications
on the site by its users in advance. The Company
is not responsible for your submissions or responses.
Any product concept or ideas submitted by you
to Flosho will be considered public and nonproprietary.
The Company will not be responsible for any claims
to intellectual property if those concepts or
ideas are used in promotions, marketing or product
concepts. The Company reserves the right to remove
any Content that it deems in its sole discretion
to be a violation of any law or in violation of
these Terms of Use.
The Company may terminate your access, or suspend
your access as a member and, or as a general user,
to all or part of Flosho, without notice, for
any conduct that Flosho, in its sole discretion,
believes is in violation of any applicable law
or is harmful to the interests of another user,
a third-party Provider, Merchant, Sponsor, Licensor,
content or service provider, or the Company. The
company may terminate or suspend any or all members
without notice and without giving any reason for
termination/suspension.
We reserve the right to supplement and amend
the Terms and Conditions on which you are permitted
access to the Flosho Site and/or the Flosho Service
from time to time. We will post any changes on
the Flosho Site and it is your responsibility
as a customer to review the Terms and Conditions
on each occasion you access the Flosho Service
or Flosho Site. Changes will be effective immediately
after the posting of any such change and all subsequent
dealings between you and us shall be on the new
terms and conditions.
Additionally, we reserve the right to suspend,
restrict or terminate access to the Flosho Site
and/or the Flosho Services for any reason at any
time.
These Terms and Conditions shall be deemed to
include all other notices, policies, disclaimers
and other terms contained in the Flosho Site,
provided that in the event of a conflict between
any such other notices, policies, disclaimers
and other terms, these Terms and Conditions shall
prevail. If any of these Terms and Conditions
is held to be invalid or unenforceable, the remaining
provisions shall remain in full force and effect.
A person who is not a party to the agreement
between you and us has no rights under the Contracts
(Rights of Third Parties) to enforce any of the
Terms and Conditions but this does not affect
any right or remedy which exists apart from that
Act.
Save in respect of fraudulent misrepresentation,
this agreement (including any documents and instruments
referred to herein) supersedes all prior representations,
arrangements, understandings, and agreements between
you and us (whether written or oral) and sets
forth the entire agreement and understanding between
you and us relating to the subject matter hereof.
Your purchase will be deemed to have occurred
in India. These Terms and Conditions shall be
governed by and construed in accordance with Indian
Law and the parties agree to submit to the exclusive
jurisdiction of the Agra, at U.P, India courts.
Order
Online BIRTHDAY Flowers, Red roses for BIRTHDAY,
Same Day delivery of BIRTHDAY Flowers gifts,
Online Florist, BIRTHDAY, Floral Gift, Fresh
flowers Roses Delivery:
Flosho.com
delivers your Birthday flowers to almost every
city with your complete satisfaction as they are
delivered from the nearest florist from recipient.
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