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Terms and Conditions - Terms of Service Flor y Amor

General Information.

In compliance with the information contained in article 10 of Law 34/2002, of July 11, on Services of theInformation Society and Electronic Commerce (LSSICE), the owner of the web https://floryamor.com/, informs you of the following:

• Company name: Kathryn Sophie Haire Atkins - Flor y Amor

• NIF: 55504522W

• Address: C / Juan Bethencourt Alfonso, 4, 38620 - San Miguel De Abona (Santa Cruz De Tenerife)

https://floryamor.com/ (the “Site”) is a website operated by Flor y Amor, Kathryn Sophie Atkins Haire, In these Terms, “we”, “us” or “our” refers to Flor y Amor.

By using our Site, you accept these Terms.

By using our Site, you confirm that you accept these terms of use (“Terms”) and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them. We recommend that you print a copy of these terms for future reference.

We may make changes to these Terms.

We amend these Terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

We may suspend or withdraw our Site.

Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We shall not be liable if the information 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 first consulting more accurate, complete or timely information. Any reliance on the material on this site is at your own risk.

From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order).

This site may contain certain historical information. Historical information is not necessarily 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.

We undertake no obligation to update, correct or clarify any information on the Service or any related website, including, without limitation, pricing information, except as required by law. No updated specification or update date applied on the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.

No advice on site is intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition.

Modifications to service and pricing.

Prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Products or Services.

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may be subject to return or exchange in accordance with our return policy only.

We have made every effort to display the colours and images of our products, in the store, as accurately as possible. We cannot guarantee that your computer monitor will display colours accurately. All our products are coloured naturally so slight variations between batches is normal as are slight changes due to light exposure and over time.

We reserve the right, but are not obligated, to limit 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 products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.

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 in the Service will be corrected all our products come with a 60 day if you don’t love it return it guarantee.

Our store is hosted by Shopify. They provide us with the online e-commerce platform, which allows us to sell our products and services to you.

You must keep your account details safe.

If you choose, or you are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, please notify us promptly using the contact details below.

To access some of the services that https://floryamor.com/
offers through the website, you must provide some personal data. In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of information we inform you of this data that, by filling in these forms, your personal data will be incorporated and processed in the files of Flor y Amor, Kathryn Sophie Atkins Haire in order to be able to provide and offer our services as well as to inform you of improvements to the website.

Billing Accuracy and Account Information.

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

In the event we make a change to or cancel an order, we may attempt to notify you by contacting us via email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information used for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

Please note that your credit card will directly be charged at the moment of transaction.

User-generated contributions are not approved by us.

Our Site may include information and materials uploaded by other users of the Site, including comments, reviews and social walls. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent
our views or values.

How we may use your personal data

Will only use your personal data as set out in our Privacy Policy.

User feedback and contributions to our site.

If, at our request, you submit certain specific submissions (e.g., contest entries) or without a request from us you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, social media, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or otherwise use any comments you have submitted to us. We do not and will not have any obligation (1) to keep any comments confidential; (2) to pay compensation for comments; or
(3) to respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable or violates any party's intellectual property or the Terms of Service.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, use an identity other than a legitimate one, or otherwise mislead third parties or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability with respect to comments posted by you or any third party.

When you make a Contribution you are warranting that you own or have the necessary rights to do so and that you are not infringing or violating any third party’s rights. If you contribute anything you do not own or have the necessary rights to, these Terms give us the right to remove the Contribution, terminate your account and take legal action against you. If you are not sure that you own or have the necessary rights to something you want to contribute, please contact us.

If you are being paid (or otherwise incentivised) to make a Contribution, you must disclose this fact to us before making the Contribution.

We are not responsible for the accuracy of Contributions or for any opinions, views or values expressed in any Contributions posted by users. Any such opinions, views or values are those of the relevant user and do not reflect our opinions, views or values in any way. You agree to be polite and respectful to other users (even if their Contribution expresses an opinion, view or value that you disagree with).

Any Contribution will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contributions, but you are required to grant us a free licence to use them in accordance with these Terms (including in our marketing, advertising or promotions).

We have the right to disclose your identity to any third party who is claiming that your Contribution constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any Contribution you make if, in our opinion, your contribution does not comply with the Contribution Standards set out in this clause.

Rules about linking to our Site.

We encourage you to link to any page on our Site, provided you do so in a way that is fair and legal, complies with our Terms and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than as set out in these terms, please contact us at info@floryamor.com.

Our Site’s content is our intellectual property.

Content displayed anywhere on our site is our intellectual property. Although you’re permitted to link to our Site (subject to the terms above), you are not permitted to copy or use any of our content without our permission.

You may only use our Site for lawful purposes.

You may not use our Site in any way that breaches any applicable local, national or international law or regulation, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

We are not responsible for viruses and you must not introduce them.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. We do not guarantee that our Site will be secure or free from bugs or viruses.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Suspension and termination.

We will determine, in our discretion, whether there has been a breach of these Terms. If you breach these terms, we may take any action we deem appropriate, including:

Immediate, temporary or permanent withdrawal of your right to use our Site (including suspension or termination of your account).

Immediate, temporary or permanent removal of any Contribution uploaded by you.

Legal proceedings against you, including for reimbursement of all costs resulting from the breach on an indemnity basis (including, but not limited to, reasonable administrative and legal costs).

You will be liable to us and agree to indemnify us for any breach of these terms (or any other act or omission by you that results in our legal responsibility to any third party), including for Contributions that do not comply with our Contribution Standards. This means you will be responsible for any loss or damage we suffer as a result of your actions.

Our responsibility for loss or damage suffered by you.

Please note that we only provide our site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any of our products or services.

Optional tools.

We may provide you with access to third party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools on an ”as is”, and ”as available”, basis without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of tools provided by third parties.

Any use you make of optional tools offered through the site is at your own risk and discretion and you should ensure that you are familiar with and approve of the terms under which these tools are provided by the third party provider(s).

We may also, in the future, offer you new services and/or features through the site (including, the release of new tools and resources). These new features and/or services will also be subject to these Terms of Service.

Third party Links.

Certain content, products and services available via our Service may include material from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and shall not have any liability or responsibility for any third-party material or websites, or for any materials, products or services of third parties.

We shall not be liable for any damages or injury related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy.

Exclusion of warranties; limitation of liability

We do not warrant or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice.

You expressly agree that your use of, or the possibility of using, the service is at your own risk. The service and all products and services provided through the service are (except as expressly stated by us) provided ”as is” and ”as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Flor y Amor/ Kathryn Sophie Atkins Haire, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, losses, claims, or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of the use of any of the services or products purchased through the service, or for any other claim related in any way to the use of the service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility.

Indemnification.

You agree to indemnify, defend and hold harmless Flor y Amor, Kathryn Sophie Atkins Haire and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of the Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be effective to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity of enforceability of the remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.

If in our judgment, you fail, or are suspected of having failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our services (or any part thereof).

Entire Agreement.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting group.

Law

These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of Spain.

Miscellaneous

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to any person or entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

We will not lose our rights under these terms by reason of any delay by us in enforcing those rights.

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms, and all other agreements or documents referenced in them, constitute the entire agreement as to your use of and our provision of the Site.

Contact Information.

Questions about the Terms of Service should be sent to info@floryamor.com.

Kathryn Sophie Atkins Haire, 55504522W Flor y Amor, Calle Juan Bethencourt Alfonso 4, San Miguel, Tenerife, Canary Islands, Spain, 38620

Interpreting these terms.

In these terms, the following rules of interpretation apply:

A “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted includes any subordinate legislation made under that statute or statutory provision as amended or re-enacted.

Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

A reference to writing or written includes emails.

Clause headings are inserted for convenience only and shall not affect the interpretation of these terms.

How to contact us.

To contact us, please email info@floryamor.com