TO PROTECT YOUR OWN INTERESTS YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE PURCHASING PRODUCTS FROM OUR SITE. If you are uncertain as to your rights under these Terms or you want any explanation about them please contact our Customer Service Department at:
a. These Terms explain how you may buy products from the www.euphoriedesfleurs.com and it’s related webpages (hereafter the “Site”). You should read the following Terms carefully before buying any products. When buying any products you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy any products unless we agree otherwise. If you have any questions about these Terms, please contact our Customer Service Department.
b. We are registered and abide by the laws of Ontario, Canada.
c. These Terms are only available in English. No other languages will apply to these Terms.
2. Ordering Products from the Site
a. The steps required to create the Contract between you and us are as follows:
i. You place an order on the Site by selecting items from our product page, adding items together with quantities to your cart, and checking out with your payment, billing, and delivery information.
ii. When your order is placed with us at the end of the online checkout process, we will e-mail you to acknowledge that we have received your order. This order acknowledgment does not, however, mean that your order has been accepted
or processed by us.
iii. We may send you an e-mail to say that we do not accept your order or may subsequently cancel it. This is typically for the following reasons, however, other reasons may apply as well:
• the products are not available;
• we cannot obtain authorization of your payment;
• there has been an error on the pricing or description of the products. Notwithstanding the above, we reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer due to us declining to accept or cancelling your order.
iv. We will only accept your order when we send you an e-mail that confirms your order has been accepted and processed (“Confirmation E-mail”). At this point, a
legally binding contract will be in place between you and us and at this point we will assemble the products and dispatch them to you (“Contract”).
b. When you order products from the Site, Specific Terms or Additional Terms or both may apply as follows:
i. Certain products that we sell may have specific terms and conditions that apply to them which are set out on the relevant web page (“Specific Terms”). These Specific Terms may include matters relating to exact size, shape, colour, container, price, and other matters relating to the product.
ii. We may also add to or replace these terms and conditions with additional terms and conditions (“Additional Terms”). This may happen, for example, for security, legal or regulatory reasons.
c. When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. If you need to correct any errors you can do so before submitting your order to us, however, we do not guarantee any corrections required by you after an order is submitted. Therefore, please ensure that you take enough time to read and check your order before submitting it to us.
d. If you are less than 18 years old you may not purchase any products from the Site. Our website and the products offered on our website are not directed to children. We will not knowingly collect personal information about minors under the age of 18.
We do not allow minors (persons who are under the age of majority in their place of residence)
make purchases or enter contests or promotions. e. We try to ensure that:
i. all weights, sizes and measurements set out on the Site are as accurate as possible there may be a tolerance of up to 20% in such weights, sizes and measurements; and
ii. the colours of our products are as accurately displayed as possible on the Site.
The actual colours that you see on your computer may vary depending on the monitor that you use.
3. Nature of the Products, Faulty Products, and Safety
a. The packaging of the products may vary from that shown on the Site.
b. Please note that many flowers in our products are chemically processed to stay fresh. This chemical processing happens directly at our suppliers, and we make no warranties, or representations with respect to processing measures or chemicals used by our suppliers.
c. By purchasing our products, you agree to hold us harmless from any damages or harm that may arise due to the chemical processing by our suppliers. As an extra precaution measure, we explicitly advise you to keep the products purchased from our Site away from children and any individuals with allergies to floral based products.
d. If we experience difficulties in supplying certain products we may need to substitute them with alternative products of equal or better standard and value. We will try to e-mail to let you know if we intend to do this but this may not always be possible.
4. Cancelling Your Order, Refunds, and Exchanges
a. No refunds, exchanges, credits or cancellations can be made once an order has begun to be prepared. An order is deemed to have begun to be prepared once the owners and operators of the Site have commenced assembling the product.
b. Please contact us as soon as possible if you want to cancel the Contract. You can e-mail or telephone our Customer Service Department, at the e-mail address and telephone number set out above. However, please note that you cannot cancel once the order has begun to be prepared or a Confirmation E-mail stating that it has been dispatched has been sent out.
c. As soon as possible after you contact us to cancel the Contract and preparation of an order has not commenced, we will refund the price of the products paid for by you. Any refunds will be made on the debit card or the credit card which you used to pay for the products.
d. As part of our commitment to customer service, the Site may accommodate certain cancellation requests after an order begun to be prepared. This will be done on a case by case basis and is entirely at the discretion of the Site. If the Site does accommodate a cancellation request, it will be conditioned upon payment of any and all costs, charges and expenses already incurred by the Site to that point, and you agree that such amounts may be deducted from any payments previously made to the Site.
e. The owners and operators of the Site reserve the right to cancel any order for any reason. If the owners and operators of the Site do choose to cancel an order, they will provide a full refund.
a. Our products are not delivered ourselves, and we enlist a variety of third party services such as FedEx, UPS, Canada Post, and private companies. We use a variety of delivery service providers, and we choose the service provider depending on whether the delivery needs to be sent to the Greater Toronto Area, elsewhere in Canada, or Internationally. We will indicate the service provider for delivery in our Confirmation e-mail. We use reliable delivery services with good reputations, however, we can not make any representations or warranties on the quality of delivery service provided by the third party delivery services. By ordering from our Site, you deem us harmless to any loss or damages that happen to our products do to the conduct of the delivery service provider.
b. Delivery of the products will take place when we ship them to the chosen delivery service with the destination of the delivery address that you gave to us during order submission.
c. The estimated date for delivery of the products will be set out in the Confirmation E-mail.
However, this date may change if something happens which is outside of our control and affects the estimated date of delivery. We try our best to send our products for delivery so that they may be delivered by the stated delivery date, however, this is not always possible and occasionally the delivery date needs to be changed.
d. If nobody is available to take delivery of the products at the destination address, please e-mail or telephone the delivery service provider stated in Confirmation E-mail.
a. You may pay for the products by using the debit or credit cards. All payments are processed by using third party payment services. The third party payment services that we use are Stripe or Paypal. For more information about Stripe, please visit their page at: https://stripe.com/ca. For more information about Paypal, please visit their page at: https://www.paypal.com/ca/home.
b. Our third party payment services, Stripe or Paypal, are responsible for securely handling your payment information. In the absence of negligence on our part we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.
c. Your credit card or debit card will be charged immediately when your order is submitted.
d. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by the owners and operators of the Site.
e. All payments by credit card or debit card need to be authorized by the relevant card issuer. If for any reason your payment is not received by us and you have already received the products that you ordered from us, you must pay for such products within 15 days. If you do not pay for the products within the stipulated period, we may charge interest on any balance outstanding at the rate of 3% per annum above the Canadian Prime base rate. We will e-mail to advise you if we intend to do this. Furthermore, you will be charged and an Administration Fee for late payment and any and all costs incurred by the Site in obtaining payment.
f. We rely on and assume that the person inputting the payment information is the owner of the payment method (credit or debit card), and is rightfully authorized to make payment. The Site takes no responsibility for information that is inputted by an unauthorized party. Furthermore, by using the Site, the person inputting the payment information holds the owners and operators of the Site harmless and agrees to indemnify the owners and operators of the Site of any claims made in relation to unauthorized transaction(s).
g. The price of the products:
i. Exclude HST/GST at the applicable rate and applicable provincial taxes may be added;
ii. does not include the cost of delivering the products;
iii. the delivery costs will be stated at the time of checkout;
iv. is quoted in Canadian dollars ($).
Please note that our prices may change during routine website maintenance. All prices applicable to an order are those stated at the checkout page at the time of placing an order.
7. Termination of the Contract
a. If the Contract is terminated after the order has been Processed, it will not affect our right to receive any money which you owe to us under the Terms.
b. As indicated Section 4, orders will only be cancelled if they preparation has not commenced or a
Confirmation E-mail has not been sent.
8. Ownership of Intellectual Property
a. The Site owns all content on the website. This includes, but is not limited to: pictures, text, trademarks, tradenames, descriptions, and articles. Any use of content from the Site by you or any third party is strictly prohibited without permission from the Site.
b. The Site may photograph products that are provided to you, including those decorated with a logo or other artwork supplied by you. By ordering from the Site you grant the Site permission to display these photographs on the Site or other advertising media for marketing and promotional purposes. You may rescind your permission to the Site by notifying us in writing to
not display photographs of products sent to you. In any event, you hold the Site harmless of any damages that you may incur by the Site using such photographs for marketing and promotional purposes.
9. Limitation on our Liability
a. To the fullest extent permitted by applicable law, the Site and it’s owners shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of products, defects in the products, nor for any special, indirect, economic or consequential loss or damage however arising or however caused whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by the Site. This includes loss of profit, revenue, or any other foreseeable or unforeseeable damages.
b. Furthermore, we cannot be held liable for any actions related to the product that are done by a third party. This includes, but is not limited to:
i. Any damages, injuries, allergic reactions, etc. as a result of the chemical processing done on the flowers by our suppliers
ii. Any damages to the products as a result of the delivery service provider
iii. Any unauthorized access to our website hosting servers, payment processing services, etc.
c. We take precautions to ensure that your personal information and data that you provide to our website is safe and secure against theft and unauthorized access Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to your personal information and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. By using our Site, you hold us harmless from any unauthorized access, or theft of your information
a. You agree to defend, indemnify and hold the Site harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site, inclusive of making purchases.
11. Disputes and Language
a. We value our customers and will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of Toronto, Ontario, Canada will have exclusive jurisdiction in relation to the Terms. Relevant Ontario law will apply to these Terms.
b. These Terms and Conditions, and any other legal notices published by the Site shall constitute the entire agreement between you and the Site and its owners and operators regarding your use of the Site. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such a provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any terms of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Site’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. The Site reserves to right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these terms and Conditions for any changes.
c. The parties acknowledge that they have required that the Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais.
Privacy Notice Highlights
1. About Us
If you have a question or complaint about our personal information handling practices, please contact Customer Service Department above.
In this Privacy Notice, the terms “we”, “our” and “us” mean Euphorie Des Fleurs Corp.
2. Effective Date and Scope
This Privacy Notice is effective as of February 6, 2018.
This Privacy Notice governs our practices with respect to personal information we collect through the following website: https://www.euphoriedesfleurs.com .
3. Personal Information That We Collect
Personal information is information that identifies you or could be combined by us or our service providers and affiliates with other information to identify you. This information may include your personal e-mail address, your home address, shipping details, billing address, information of the recipient of the products, your home telephone number, your personal cellphone number, payment information, and other similar information when associated with you. Personal information may also be information containing details as to whether you have opened our promotional e-mails or how you have used our website
We collect personal information from you when you make a purchase, enter a contest or promotion, communicate with us using our web forms, e-mails, or telephone calls to make a request or ask a question, submit a product review, take a survey or otherwise submit personal information to us with your communication. For example, we will request credit card and other identifying information to process a credit card transaction when you purchase a product through our website. We will also ask you for contact information in order to ship your product to you or the recipient that you designate.
We receive personal information about you from other sources. For example, we will receive information from credit card processors regarding whether the credit card details you gave us have been accepted or declined. We will receive information from shipping companies regarding whether the product we shipped was delivered or was undeliverable. We may also acquire information about you from other promotional or marketing companies with whom you shared your information and whom you have allowed to provide information to us.
We mainly collect your information from the following sources, however, other sources not listed may also be used:
(a) information you give us when you fill out payment, billing, and delivery information, such as during online purchases, customer service inquiries and surveys;
(b) information that we collect automatically when you visit our website, such as information about your browser settings and other information collected through cookies.
(c) Information provided to us about you from third parties such as payment processing services, delivery services, etc.
4. How We Use and Disclose Your Information
We use your information to provide products and services and to manage our business operations. Some examples include:
(a) to fulfill your requests for products and services; (b) to communicate with you about your requests;
(c) to communicate your information to third parties, such as delivery services and suppliers, to help fulfill your orders;
(d) for marketing and promotional purposes, including with our promotional partners; (e) to administer contests and promotions that you participate in;
(f) to recommend or to offer you other products and services based on your inferred interests;
(g) to post your product reviews;
(h) to communicate with you regarding customer service issues and any product recalls or warranty service; and
(i) to protect the security or integrity of our websites and our business.
We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our business or as part of a corporate reorganization or stock sale or other change in corporate control.
We may also disclose your personal information if it is necessary for us to collect a debt from you or where we have reason to believe that it is relevant to the investigation or decision to investigate a breach of the laws of Canada, a province or territory of Canada, or a foreign jurisdiction, and we are legally permitted to do so.
We retain your information for as long as necessary to fulfill the purposes for which we collected the information or as required by law. We maintain a records retention and destruction program to destroy information when it is no longer needed or required.
5. How Do We Protect Your Personal Information?
We take administrative, technical and physical measures to safeguard your personal information against unauthorized access, unauthorized disclosure, theft and misuse. This includes limiting access of employees to, and the use of, your personal information through the use of passwords and graduated levels of clearance. We do not publish all of our security measures online
because this may reduce their effectiveness. We use reputable third party servers to host our websites. We educate our employees with respect to their obligations to protect your personal information [and we require our affiliates and any third-party service providers to take comparable steps to ensure the protection of any of your personal information that is shared with them].
Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to your personal information and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur.
6. Personalized Offers and Web Analytics
We also automatically collect information when you visit our website in order to customize your experience. For example, we collect information about what site referred you to our website, your browser type, operating system type and version, language, and your Internet Protocol (“IP”) address. We also collect information about how you browse through our website, including logging the pages you visit and the amount of time you spend on certain pages. We
use this information for a number of technical purposes to ensure that our pages load correctly in your browser, as well as to personalize our offers to you. We also use this information to improve our website. For example:
(a) we use IP addresses to correct pages for your geographical location;
(b) we log the frequency of visits to certain pages on our website and how visitors navigate through our website in order to detect problems, improve our website and learn about what products and services are of interest to our customers;
(c) we use information about products that you have clicked on to make suggestions about other products or services that you might be interested in viewing; and
(d) we track whether certain types of promotional e-mails were opened by you and whether you sought information about a particular product or service in order to make inferences about other products and services you might be interested in.
7. Your Ad Choices: Interest-Based Advertising
Our website may use small pixel files (small images) and cookies (small text files) to keep track of your browser so that you will be recognized when you visit other websites where our third- party ad management providers may show you advertisements from us based on your visit to our website. Some of these advertisements may be customized to particular products and services that you viewed or they may be based on inferences about products and services that you might be interested in. This is called “interest-based advertising”.
These pixel files and cookies are generally valid for a limited number of days (usually no more than 90 days) and are provided by our ad management providers. We require our ad management providers to participate in the Digital Advertising Alliance of Canada’s Ad Choices Program. Visit the Digital Advertising Alliance of Canada: Your AdChoices website (http://www.youradchoices.ca) where you can find out more information about digital advertising and how you can opt-out of interest-based advertising. You can also opt-out of interest-based advertising using the link provided in any of our interest-based advertisements. Look for the Ad Choices icon or other link provided.
Please note that if you opt-out of interest-based advertising you may still see advertisements from us on other websites. However, they will not be customized based on your browsing history on our website. In addition, we will continue to customize our offers of products and
services to you when you are on our website unless you block cookies from our website. If you block cookies on our website, certain functions, such as the “shopping cart” will not function properly because our website must recognize you as you move through the checkout process.
8. Law Enforcement Requests
We will disclose personal information without your knowledge or consent if we receive an order, subpoena, warrant or other legal requirement issued by a court, tribunal, regulator or other person with jurisdiction to compel disclosure of your personal information. [If we receive a request from a police officer or other law enforcement agency for access to your personal information in the course of an actual or potential investigation, our policy is to require the
police officer or law enforcement agency to obtain an order, subpoena or warrant, unless the
information is urgently required to prevent serious bodily injury or serious damage to personal property.] [If we receive a written request from a police officer or other law enforcement agency with authority to request access to your personal information in the course of an actual or potential investigation into a breach of a law, our policy is to provide the requested information.]
9. Storage Outside of Canada
Your personal information may be used or stored by us or our service providers [and our corporate affiliates] outside of Canada. We require that our service providers [and our corporate affiliates] safeguard your personal information. However, if your personal information is used or stored outside of Canada, it will also be subject to the laws of the country in which it is used or stored.
10. Links to Third-Party Websites and Social Network Plug-Ins
You may be able to access third-party websites through links available on our websites. These links are provided for your convenience. We do not have any control over those third-party websites and we do not provide any guarantee that the privacy practices of the hosts of those websites meet our standards. Your use of such third-party websites is at your own risk and will be governed by the privacy policies of those websites and not by this Privacy Notice. Do not transmit personal information using those websites without reading the privacy policies governing those websites.
You may create links between our website and social networking sites. If you do so, we may be able to publish updates about our products and services to your social network account through the links that you establish. You may terminate those links at any time by modifying your social network account.
If you are logged into a social networking site when visiting our page, your visit to our website will be personalized based on your social networking profile.
You may change the way social networking sites and our sites interact by modifying your privacy settings in your social networking account. You can also log-out of your social networking account before visiting our website. For more information, please refer to your social
11. How to Contact Us
If you have a privacy question or concern, please contact our Customer Service Department at: Telephone: 647-839-1370