LEGAL
TERMS OF USE
The present general conditions of sale are concluded on the present Internet site https://flowerinsctincts.com/ published by BOW PRODUCTION SARL, Limited Liability Company with a capital of 12.000€ - RCS Luxembourg B264369 - VAT LU33781156 whose seat is located at 6 Z.I. Hahneboesch L-4562 Niederkorn Luxembourg. We are at your disposal for any further information at the following email address: info@flowerinstincts.com .
Our store is hosted by " Shopify ", they provide us with the e-commerce platform that allows us to sell you our products and services.
DISCLAIMER
You expressly acknowledge that your use of this site is at your sole risk. Flower instincts is providing this site and its contents on an “as is, as available” basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Flower instincts disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Flower instincts does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.
Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Flower instincts nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Flower instincts also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
TRADEMARKS
Flower instincts is a registered trademark in the European Union and other countries. Flower instincts trademarks may not be used without the written permission of Flower instincts and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Flower instincts.
Any rights not expressly granted herein are reserved.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Flower instincts, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of BOW PRODUCTION.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Flower instincts. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Flower instincts Inc.’s copyright, trademark and other proprietary rights.
All Content on the Site is protected by European copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Flower instincts uses in connection with the Site shall remain the exclusive property of Flower instincts Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Flower instincts. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.
COMMUNICATIONS PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Flower instincts or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Flower instincts is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Flower instincts and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Flower instincts and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
SITE CONTENTS
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Flower instincts and it is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Flower instincts is not responsible for webcasting or any other form of transmission received from any Linked Site. Flower instincts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flower instincts of the Linked Site or any association with its operators.
SHOPPING
Flower instincts does not guarantee, warrant or endorse any product or service not manufactured or performed by Flower instincts, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Flower instincts. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Flower instincts.
ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Flower instincts reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Upon submission of your order, you will receive a confirmation of receipt by email however, until you receive a shipping confirmation or, in the alternative, until the Products ordered are actually shipped.
Prior to sending such shipping confirmation, the COMPANY reserves the right to reject an order based on lack or limitation of availability of Products ordered.
ORDER PROCESSING
Orders placed on flowerinstincts.com are processed Monday–Friday and shipped within 3-6 business days. Excluding the weekend and major holidays. Once your order is processed and shipped, you will receive an email notification with your tracking information.
FRANCE SHIPPING POLICY
Delivery is free for France and provided by the GLS service.
You will receive standard orders generally within 2 to 4 working days.
Shortly after the launch of a new collection and during sales, delivery times may be longer. As soon as your order is on its way, you will receive a separate dispatch confirmation by e-mail.
EU SHIPPING POLICY
Delivery is free for Europe and provided by the UPS service.
You will receive standard orders generally within 3 to 6 working days.
Shortly after the launch of a new collection and during sales, delivery times may be longer. As soon as your order is on its way, you will receive a separate dispatch confirmation by e-mail.
INTERNATIONAL SHIPPING POLICY
Delivery is free for Worldwide and provided by the UPS service.
You will receive standard orders generally within 3 to 7 working days.
Shortly after the launch of a new collection and during sales, delivery times may be longer. As soon as your order is on its way, you will receive a separate dispatch confirmation by e-mail.
NO PURCHASE FOR RESALE
You may place orders in our Online Shop only to the extent that you are a retail customer and not a wholesaler, distributor or any agent or representative of other business entities. By ordering merchandise, you agree that you are purchasing for personal use and not for resale. We reserve the right to refuse any orders without warning or explanation.
BULK PURCHASING
For orders purchased in bulk, Flower instincts reserves the right to refuse cancellation and return requests.
COLOR
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
ORDER CANCELLATIONS
By clicking the button "Pay Now" you submit a legally binding offer. After clicking “Pay Now”, your order will be submitted and you will no longer be able to cancel or change your order.
After the submission of your order, you will receive an email confirmation. The order that you submit to us does not become binding upon Flower instincts, however, until you receive a shipping confirmation or, until the products ordered are shipped. Prior to sending your shipping confirmation, Flower instincts reserves the right to reject an order based on lack or limitation of availability of products ordered.
DELIVERY/ PARTIAL DELIVERIES
Flower instincts shall use its reasonable efforts to deliver the products to you by the agreed upon date, however, time shall not be of the essence. Except in cases of willful misconduct or gross negligence, we shall not be liable to you for delays in delivery or damage to the products while in transit. Flower instincts may, within its discretion cancel a customer’s order due to delays or shortages in supply. In this event, we will immediately inform you of the unavailability of the item and refund all payments, if any, previously rendered by you for the item and its delivery.
We are entitled to make partial deliveries of products ordered.
RETURNS
Flower Instincts aims to ensure the complete satisfaction of its customers. If you are not completely satisfied with your purchase, you may return your item(s) for a refund.To return an item, the following conditions must be met:
The return must be requested within 15 days of delivery of your order. You must send an e-mail to infos@flowerinstincts.com to inform us of the return and the procedure to follow.
The returned item(s) must be in new, unworn condition, with the hang tag attached and in the original packaging. We are not responsible for the risk of loss or damage during the return. Any item returned that is not in the required condition will be returned to you.
Please note the following details regarding the eligibility of product returns: Items purchased during seasonal sales cannot be returned or exchanged. Collaboration items cannot be returned. Once your return has been received, it will be processed at our premises, which may take between 4 and 6 working days.
You will receive a confirmation email once processing is complete. Once the process is complete you will receive a full refund to the payment method used.
Initial shipping charges will be excluded from the refund. A shipping fee will be deducted from your refund to cover return shipping costs.
PRIVACY
Flower instincts agrees to adhere to all applicable European Union laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.
INDEMNIFICATION
You agree to defend, indemnify and hold Flower instincts harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
TERMINATION
Flower instincts reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
SHIPPING
Lost or Stolen Packages: Flower instincts is not responsible for any lost or stolen shipments confirmed delivered by the courier. We advise you contact your payment provider. If your package does not arrive, please contact our customer service.
SPLIT DELIVERY
We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order.
INTERNATIONAL DUTIES AND TAXES
For all deliveries outside Europe, import duties may be charged (fees, import duties, VAT), which are determined by the destination country. They are calculated according to the country of manufacture/origin and the classification of the goods and are levied once your package reaches your country.
Flower instincts does withhold duties and taxes during the checkout process, but cannot predict what your potential duties will be:
We are shipping with UPS and try to make sure that you get your order without anymore payments for duties and taxes after the checkout in our website.
When such additional duties are incurred, they must be paid in order for your package to be cleared. In this case, the customer is responsible for the costs incurred. Please contact your local customs office for more information about your country's policies.
SECURE PAYMENT
Payment is due immediately upon ordering, and is made by credit card via the secure system created by the payment provider Mollie Payments Europe, Limited.
The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network.
Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable.
By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated.
The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it.
We do not have access to your credit card details and numbers. All transactions are secured with SSL encryption, guaranteeing both the identity of the payment organization and the confidentiality of the data.
Payment in installments is not allowed.
PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES
Flower instincts, Inc. reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
PRIVAcy POLICY
Flower instincts, Inc. (“Flower instincts”) is committed to protecting your privacy. This privacy policy covers Flower instincts’s treatment of the personal information we may collect from and about you. This policy also describes the choices available to you regarding our use of your personal information and how you can access, update, or delete this data.
SECTION 1
PERSONAL INFORMATION WE RECEIVE ABOUT YOU AND HOW WE USE IT
1.1. Information you give to us: We collect personal information about you when you voluntarily submit information directly to us by filling in forms on our website or by corresponding with us by phone, email, or otherwise. Personal information is data that identifies or is associated with you and includes information you provide when you register to use our website, use the www.Flowerinstincts.com platform, enter a competition, promotion, or survey (as applicable), report a problem with our website, or use some other feature of the Flower instincts service (the “Service” or “Website”). The table in Annex 1 sets out the categories of personal information you provide to us.
1.2 Information we receive from other sources: We may work with third parties (including, for example, subcontractors in technical, payment, and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them, subject to your agreements with them.
1.3. We may automatically collect personal information about you indirectly about how you access and use the Service and information about the device you use to access the Flower instincts website. This information includes device ID or unique identifier, device type, geolocation info, and computer and connection information. We may also collect personal information using cookies, web beacons, and similar technologies, which provide information about the pages you view, the links you click, and other actions you take on our Service within our advertising or e-mail content. The table in Annex 2 sets out the categories of personal information we may collect automatically.
1.4. We may supplement the personal information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publicly available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws.
1.5. We may link or combine the personal information we collect and/or receive about you and the information we collect automatically. This allows us to provide you with a personalized experience regardless of how you interact with us.
1.6. We may anonymize and aggregate any of the personal information we collect (so that you are not personally identified). We may use anonymized information for purposes that include testing our IT systems, research, data analysis, improving the Service, and developing new products and features. We may also share such anonymized information with others.
SECTION 2
DISCLOSURE OF YOUR PERSONAL INFORMATION
2.1.We do not sell your personal information.
We share your personal information with third parties only as follows:
2.1.1. If you request it or to complete a transaction initiated by you (See Annex 1 for details);
2.1.2. If we are required or allowed by the law, such as to respond to a subpoena or to investigate fraudulent activity; or
2.2.3 In connection with sale or merger. We may share your personal information while negotiating or in relation to a change of corporate control, such as a restructuring, merger, or sale of our assets.
2.3. If, in the future, we need to share your personal information for any other purpose, you will be informed in advance and have the opportunity and right to opt-out.
2.4. Publicly accessible blogs.
Our website may include publicly accessible blogs or community forums. Any information you provide in these areas may be read, collected, and used by others who access them. This includes information posted on our public social media accounts. To request removal of your personal information from our blog or community forum, contact us at infos@flowerinstincts.com
2.5. Testimonials.
We may display personal testimonials of satisfied customers on our site, along with other endorsements. We ask for specific consent before posting these testimonials. If you wish to update or delete your testimonial, you can contact us at infos@flowerinstincts.com.
SECTION 3
RIGHTS REGARDING YOUR PERSONAL INFORMATION
3.1. Under applicable data and privacy protection laws and our policies, you have several basic rights regarding the personal information that we process about you. Here are your specific rights:
3.1.1. Right to Access.
The right to access the personal information we process about you.
3.1.2. Right to Transfer.
The right to receive the personal information we process about you in a commonly used format and to have it transferred to another data controller based on your consent.
3.1.3. Right to Correct.
The right to correct your personal information without undue delay where that personal information is inaccurate or incomplete.
3.1.4. Right to Deletion. The right to have your personal information deleted without undue delay in certain circumstances.
3.1.5. Right to Restriction. The right to restrict our processing of some or all of your personal information in certain circumstances.
3.1.6. Right to Opt-Out. You have the right to opt-out of our processing of your personal information.
3.1.7. Right to close your account. The right to request that we close your account, if applicable.
3.1.8. Right to Non-Discriminatory Treatment. You have the right not to be discriminated against for exercising any of the rights listed above.
3.2. If you wish to exercise any of these rights, please contact us via email at infos@flowerinstincts.com. We will honor the requests you make related to your rights as the law allows, which means, in some cases, there may be legal or other legitimate reasons that we may not be able to address the specific request you make. You do not have to pay any fees to exercise your rights. We will respond to your request within forty-five (45) days (subject to any lawful extension of that response time). We will verify your request using the information associated with your account or other information that is held by us, including your email address. Consumers may also designate an authorized agent to exercise these rights on their behalf.
3.3. If you reside in the European Union (EU), Flower instincts is the controller of your personal information for purposes of European data protection legislation. You also have the right to lodge a complaint to your local data protection authority. Information about how to contact your local data protection authority is available at https://ec.europa.eu/info/law/law-topic/data-protection_en.
3.4 Authorized agent information.
You may designate an authorized agent to make a request on your behalf under the European Consumer Privacy Act, if applicable. In order to allow an authorized agent to make a request on your behalf, please email us at infos@flowerinstincts.com to provide your written request and consent to an authorized agent. When your authorized agent makes a request related to your personal information, we will require the agent to provide the above written permission. We may also require that you verify your own identity directly with us at the time such a request is made.
SECTION 4
MARKETING AND ADVERTISING
4.1. From time to time, we may contact you with information about Flower instincts and our other products or services. Most messages will be sent electronically. For some messages, we may use the personal information we collect about you to help us determine the most relevant information to share with you.
4.2. If you do not want to receive such messages from us, you will be able to opt-out by selecting certain boxes on forms we use when we first collect your contact details. You can also change your marketing preferences at any time by following the email preferences link at the bottom of our emails.
SECTION 5
STORING AND TRANSFERRING YOUR INFORMATION
5.1. Security. All information you provide to us is stored on secure servers in a controlled environment with limited access. Any payment transactions will be encrypted in transit using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Service, you are responsible for keeping this password confidential. You should not share your password with anyone.
5.2. While no transmission of information via the internet is completely secure, we take reasonable measures to protect your personal information. We cannot guarantee the security of your personal information transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
SECTION 6
RETAINING YOUR INFORMATION
6.1. If we retain your personal information, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of our legitimate business interests and satisfying any legal or reporting requirements. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our terms of use and take other actions permitted or required by applicable national laws. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner according to our data retention and deletion policies.
6.2. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, and the applicable legal requirements.
SECTION 7
COOKIES AND SIMILAR TECHNOLOGIES
7.1. Our Service uses cookies and similar technologies (collectively referred to as cookies) to distinguish you from other users of our Service. This helps us enhance and personalize your user experience, to monitor and improve our Service, and for other internal purposes. As is true of most websites, we gather certain personal information automatically.
7.2. We use the following types of cookies:
7.2.1. Strictly necessary cookies.
These cookies are required for the essential operation of our Website or Services, such as to authenticate you and prevent fraudulent use.
7.2.2. Analytical/performance cookies.
These cookies allow us to recognize and count the number of visitors and to see how visitors move around our Service when they are using it. This helps us to improve the way our Service works, for example, by ensuring that you can find information easily.
7.2.3. Functionality cookies.
These cookies are used to recognize you when you return to our Service. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
7.2.4. Targeting/marketing cookies.
These cookies record your visit to our Service, the pages you have visited and the links you have followed. We will use this information to make our Service and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
7.3. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
7.4. We may partner with third parties to either display advertising on our website or to manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on this website and other sites to provide you advertising based upon your browsing activities and interests. If you wish not to have this information used to serve you interest-based ads, you may opt-out at any time by clearing your browser cookies. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
7.5. Although most web browsers automatically accept cookies, some browsers’ settings can be modified to decline cookies or alert you when a website is attempting to place a cookie on your computer or device. However, if you use your browser settings to block all cookies (including strictly necessary cookies), you may not be able to access all or parts of our site.
7.6. Social Media.
Our website may include social media features, such as Facebook Like button and widgets such as the Share button. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted on our site or by a third party, and your interactions with these features are governed by the privacy policy of the company providing it.
SECTION 8
LINKS TO THIRD-PARTY WEBSITES
8.1. Flower instincts may, from time to time, contain links to and from third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
8.2. Some of the pages on our website may utilize framing techniques to serve content to/from our partners while preserving the look and feel of our website. Please be aware that you are providing your personal information to these third parties and not to Flower instincts.
SECTION 9
OUR POLICY REGARDING CHILDREN
9.1 Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at infos@flowerinstincts.com.
SECTION 10
CHANGES TO THE POLICY
10.1. We may update this privacy policy from time to time, and so you should review this page periodically. When we change this privacy policy in a material way, we will update the “last modified” date at the beginning of this privacy policy. Changes to this privacy policy are effective when they are posted on this page. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
SECTION 11
NOTICE
11.1. If we need to provide you with information about something, whether for goods, services, marketing or other business-related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on our website. The fact that we may send notices to you will not stop you from being able to opt-out of certain types of contact, as described in this privacy policy.
SECTION 12
OUR CONTACT INFORMATION
12.1. Regardless of your location, any questions, comments, and requests regarding this privacy policy are welcome and should be addressed to our legal department at infos@flowerinstincts.com. Communication can also be addressed to:
BOW PRODUCTION SARL, Limited Liability Company with a capital of 12.000€ - RCS Luxembourg B264369 - VAT LU33781156 whose seat is located at 6 Z.I. Hahneboesch L-4562 Niederkorn Luxembourg
PAYMENTS
What payment methods do you accept?
Flowerinstincts.com accepts all major credit cards including: Visa, MasterCard, American Express, Discover, and PayPal. Payments made via PayPal must be purchased by a verified account with a confirmed shipping address.
Other payment methods will vary per region: Apple Pay, Google Pay, etc.
International orders will appear as Flower instincts on bank statements.