Welcome to the web site ("Site") for FLOWERSEXPRESS.COM.PH ®("FLOWERSEXPRESS.COM.PH").
Access to the Site
In addition, you hereby represent and certify that you are at least eighteen (18) years of age. If you do not or cannot agree to the terms, you are not authorized to use the site or any of the services offered through the site. FLOWERSEXPRESS.COM.PH reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these terms, and to impose new or additional terms and conditions on your use of the site from time to time.
Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these terms as "additional terms") shall be effective immediately and incorporated into these terms upon notice thereof, which may be given by any reasonable means including by posting to the site.
Your continued viewing or use of the site following such notice shall be deemed to conclusively indicate your acceptance of any and all such additional terms.
If you use this site, you are responsible for maintaining the confidentiality of your account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities and all the content you post and/or submit that is under your account and/or password.
You represent and warrant that any information and/or material you post or provide to FLOWERSEXPRESS.COM.PH by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights and offered in good faith.
You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Site.
Information Disclosed via the Site
FLOWERSEXPRESS.COM.PH attempts to be as accurate as possible when posting information on the Site. However, FLOWERSEXPRESS.COM.PH does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Furthermore, it is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. The information on this web site may be changed or updated without notice. FLOWERSEXPRESS.COM.PH may also make improvements and/or changes in the products, services and/or programs described on this web site at any time without notice.
Information provided on this web site is believed to be reliable when posted. However, FLOWERSEXPRESS.COM.PH cannot guarantee that information will be accurate, complete and current at all times. All information in this web site is subject to modification from time to time without notice.
FLOWERSEXPRESS.COM.PH has used its discretion, best judgment and all reasonable efforts in collecting and preparing the information, documents (incl. copy, graphics, pictures, etc.) or other items provided or available herein, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.
With respect to Appliances & Electronics, Lechon and Personal Shopper, FLOWERSEXPRESS.COM.PH cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. FLOWERSEXPRESS.COM.PHDOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR?FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. FLOWERSEXPRESS.COM.PHDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, FLOWERSEXPRESS.COM.PHEXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. FLOWERSEXPRESS.COM.PHDISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. FLOWERSEXPRESS.COM.PHCANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES FLOWERSEXPRESS.COM.PHMAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
When you visit FLOWERSEXPRESS.COM.PH and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing with your written signature. You further agree that you shall not challenge the validity, enforceability or admissibility of the electronic communications on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print all electronic communications.
All site design, text, graphics, interfaces, and the selection and arrangements thereof are (c) 2014, FLOWERSEXPRESS.COM.PH. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with FLOWERSEXPRESS.COM.PHor using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of FLOWERSEXPRESS.COM.PHis strictly prohibited.
All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to FLOWERSEXPRESS.COM.PHor other respective owners that have granted FLOWERSEXPRESS.COM.PHthe right and license to use such Marks.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, FLOWERSEXPRESS.COM.PH' NEGLIGENCE, SHALL FLOWERSEXPRESS.COM.PH, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF FLOWERSEXPRESS.COM.PHOR AN AUTHORIZED FLOWERSEXPRESS.COM.PHREPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL FLOWERSEXPRESS.COM.PH'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100).
You shall indemnify, defend and hold harmless FLOWERSEXPRESS.COM.PHand its sponsors, business affiliates, vendors, content providers, subsidiaries, related entities, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the site in violation of these terms or the infringement by you of any intellectual property rights of any person or entity.
Governing Law and Arbitration
The laws of the Philippines (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in the Philippines. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR COURTS LOCATED IN PASAY CITY, METRO MANILA, PHILIPPINES.
Waiver and Severability
Furthermore, no delay or omission by FLOWERSEXPRESS.COM.PHto exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by FLOWERSEXPRESS.COM.PH. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
List price is based on FLOWERSEXPRESS.COM.PHregular pricing. Items in your shopping bag will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing and other discounting. Therefore, prices on the product detail page and in your bag may change after such updates to reflect the current prices. Placing items in your bag does not reserve the current prices shown at that time; prices are reserved only by placing an order.
Discounts are limited-time offers and are not valid with other offers.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If we advertise items at lower prices than the Flowers Express.com sale prices, please contact Customer Service at firstname.lastname@example.org, and we will adjust the price for you. Price adjustments cannot be applied to orders that have already been submitted. FLOWERSEXPRESS.COM.PH reserves the right to adjust pricing and determine if sale pricing will apply.
We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has shipped.
Pricing Error And Inaccuracy Disclaimer
Information at FLOWERSEXPRESS.COM.PHmay contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, FLOWERSEXPRESS.COM.PHwill provide you with the following options: (1) to proceed with the transaction based on the corrected information; or (2) to cancel your transaction. We apologize for any inconvenience. If you are not fully satisfied with your purchase due to any errors or inaccuracies, you may return it as an Incorrect or Defective Item. Please see our Return Policy for further information.