TERMS AND CONDITIONS OF SALE
1.1 This document was created using a template from Docular (https://docular.net).
2.1 These terms and conditions shall include the sale and purchase of products through our website.
2.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
2.3 This document does not affect any statutory rights you may have as a consumer, such as under consumer protection legislation.
3.1 In these terms and conditions:
(a) “we” means Real Flower Jewelry Inc.; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
- Order process
4.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
4.2 No contract will come into force between you and us unless and until we accept your order in accordance with our credit card payment procedures wherein your payment has been confirmed by our credit card processor, or payment is made by cash, or our invoice for the transaction has been issued, with our merchandise, detailing payment to be on specific extended terms with due dates.
5.1 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
6.1 Our prices are those ruling at the date of dispatch of our merchandise and may differ from those quoted on our website.
6.2 We will from time to time, and without notice, change the prices quoted on our website,
6.3 Price changes will not affect contracts that have previously come into force.
6.4 All amounts stated in these terms and conditions or on our website are stated exclusive of General Excise Tax.
6.5 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
6.6 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
7.1 For all website orders, plus all other orders paid by credit cards, delivery of our products will be withheld until payment is made in full including taxes and delivery charges.
7.2 If you fail to pay to us any amount due under these terms and conditions we may cancel the contract and withhold products not delivered.
7.3 If within 7 days of our written request or demand you fail to pay in full for all merchandise delivered by or for us we will take all legal procedures available to us to recover unpaid amounts, which will include:
(a) an amount equal to the sum requested;
(b) all third party expenses incurred by us in relation to the sum requested (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of USD $25.00 plus General Excise Tax and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.3 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your credit or debit card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
7.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request.
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer)
(c) an administration fee of USD $25.00 plus General Excise Tax and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your credit or debit card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.4.
8.1 We will arrange for the products you purchase to be delivered to the delivery address you specify.
8.2 We will use reasonable endeavors to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, as soon as is practical bearing in mind that the great majority of our products are custom made–to–order each with variable production periods depending upon variations in complexity of design seasonal availability of our products and seasonal demand. We do not guarantee delivery by any date.
9.1 You may cancel an order at any time before the commencement of our payment for acceptance of any material ordered or purchased specifically to make your order or the commencement of our making your order if made with standard stock materials, such cancellation must be in writing and received by us so as to conform to this time schedule.
9.2 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
(a) The supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalized.
(b) The commencement of our making your order not with stand if made with standard stock materials
(c) Any and all cancelations must be in writing and received by us so as to confirm with these time requirments.
- Limitations and exclusions of liability
10.1 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.2 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.3 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.4 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
- Order Cancellation
11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) You fail to pay, on time and in full, any amount due to us under that contract; or
(b) You commit any material breach of that contract.
11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
- Consequences of Order Cancellation
12.1 If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) We will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) All the other provisions of these terms and conditions will cease to have effect, except that Sections 2.3, 7.4, 10, 15, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.
13.1 These terms and conditions shall not constitute or effect any assignment or license of any intellectual property rights.
13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15.1 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- No Waivers
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third Party Rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire Agreement
19.1 Subject to Section 11.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
- Law and Jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with the laws of the State of Hawai’i, U.S.A.
20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Hawai’i, U.S.A.
- Statutory and Regulatory Disclosures
21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2 These terms and conditions are available in the English language only.
21.3 Our Hawai’i GE tax license number is GE-123-288-9856-01
- Our Details
22.1 This website is owned and operated by Real Flower Jewelry Inc.
22.2 We are registered in Hawai’i, U.S.A. under registration number 72-1542962, and our registered office is at 99 Kokea St. Hilo HI, 96720 U.S.A.
22.3 Our principal place of business is at 99 Kokea St. Hilo, Hawai’i 96720 U.S.A
22.4 You can contact us:
(a) By post, using the postal address given above;
(b) Using our website contact;
(c) By telephone, on the contact number published on our website from time to time; or
(d) By email, using the email address published on our website from time to time.