Terms of service
OVERVIEW
This website is operated by BOUQK. Throughout the site, the terms “we”, “us” and “our” refer to BOUQK. BOUQK offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority as defined under New Zealand law, or that you have the consent of a parent or guardian if you are a minor under New Zealand law, allowing you to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws applicable in New Zealand (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time, in accordance with applicable New Zealand law.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks, and may be adapted to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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 as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain historical information which is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information. You agree it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service to the extent permitted by New Zealand law.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy, which complies with the Consumer Guarantees Act 1993 where applicable.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services we offer. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited by New Zealand law.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations or that any errors will be corrected. However, you may have rights under the Consumer Guarantees Act 1993 and other applicable New Zealand consumer laws, which cannot be excluded by contract.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person or per order at our discretion. If we make a change to or cancel an order, we may attempt to notify you using the contact details provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information.
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind.
Any use of optional third-party tools is entirely at your own risk. Ensure you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).
Any new features or Services offered in the future will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party sites and will not have any liability for third-party materials, products, or Services.
Any complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us submissions (e.g., contest entries) or creative ideas, proposals, or other materials (collectively, 'comments'), you agree that we may use them without restriction. We are under no obligation to maintain comments in confidence, pay compensation, or respond to comments.
We may monitor, edit, or remove content we determine in our sole discretion to be unlawful, offensive, or violating any party’s rights or these Terms of Service.
You agree that your comments will not violate any third-party rights, will not contain unlawful or offensive material, and will not contain any malware. You may not use a false e-mail address or mislead us or third parties. You are solely responsible for any comments you make.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which complies with New Zealand’s Privacy Act 2020.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains errors or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if necessary.
We undertake no obligation to update, amend, or clarify information except as required by New Zealand law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform unlawful acts;
(c) to violate any applicable laws in New Zealand;
(d) to infringe upon our intellectual property rights or the rights of others;
(e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track personal information of others without lawful reason;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent security features.
We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
You agree that we may remove the Service for indefinite periods or cancel the Service at any time, without notice, to the extent permitted by New Zealand law.
You expressly agree that your use of the Service is at your sole risk. All products and Services delivered to you are provided 'as is' and 'as available,' except as required by New Zealand consumer laws, including the Consumer Guarantees Act 1993.
To the fullest extent permitted by New Zealand law, BOUQK and its personnel shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Service or any products procured using the Service. Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy available under the Consumer Guarantees Act 1993 or any other applicable law that cannot be excluded by contract.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BOUQK and its employees, affiliates, partners, and suppliers from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms of Service or your violation of any law or rights of a third party in New Zealand.
SECTION 15 - SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable under New Zealand law, it shall be enforceable to the fullest extent permitted. The unenforceable portion shall be severed, and such determination shall not affect the validity of any other provisions.
SECTION 16 - TERMINATION
The obligations and liabilities incurred prior to termination survive termination.
These Terms of Service are effective unless terminated by you or us. You may terminate these Terms at any time by ceasing to use our site.
If we suspect you have failed to comply with any term of these Terms of Service, we may terminate this agreement at any time without notice, and you remain liable for all amounts due up to and including the date of termination.
SECTION 17 - ENTIRE AGREEMENT
These Terms of Service and any policies posted by us on this site or in respect to the Service constitute the entire agreement between you and us, governing your use of the Service.
Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand courts.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on 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 to our website. It is your responsibility to check periodically for changes. Your continued use of or access to our website or the Service following any changes constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@florist.co.nz.
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