Terms & Conditions
Overview
This website is operated by Vitali Flower Concept. Throughout the site, the terms “we”, “us” and “our” refer to Vitali Flower Concept. Vitali Flower Concept offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Ratification Of The Agreement
To be a member of the website of www.vitaliconcept.com , first of all it is required that you fill in the registration form and then agree and undertake to comply with the provisions of the user agreement for vitaliconcept.com. By filling in and ratifying the registration form or getting any services or ordering a product using this system, the user agrees to be bound by the user agreement of Vitali.
You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your Internet connection are aware of these website terms and that they comply with them. By viewing, using, accessing, browsing, or submitting any content or material on the site, you agree to these Terms of Use as a binding legal agreement between you and www.vitaliconcept.com, without limitation or qualification. The term "you" or "You" shall refer to any person or entity, who views, uses, accesses, browses or submits any content or material to the site. If you do not agree to these Terms of Use, then you may not use the site. www.vitaliconcept.comreserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the sites shall be subject to the then-current Terms of Use, and continued use of the site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
The terms and conditions apply to www.vitaliconcept.com website and its associated applications on iPhone, Android, and mobile site platforms
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of maturity in your state or province of residence, or that you are the age of maturity in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole 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 that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information 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 as needed.
For more detail, please review our Returns Policy.
How To Make An Order And How It Is Processed
Once you have selected your order from the product you will be given the opportunity to submit your order by clicking on "Checkout" button. Please note it is important that you check the information that you enter and correct any errors before clicking on the "Checkout" button since once you click on this input errors cannot be corrected. On receipt of your order, www.vitaliconcept.com will begin processing your order and we will send a message on the final page that your order has been received and sent successfully to the provided delivery address. Where any payment you make is not authorized you will be returned to the previous page on the website and we shall not be obliged to provide the services.
Order Cancellation
You have the right to cancel an order up to 5 minutes from placing the order on our website.
While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
An order may be subsequently cancelled by Vitali after you have received a confirmation and Vitali reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not 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.
Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products Or Services (If Applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
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.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole 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 that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information 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 as needed.
For more detail, please review our Returns Policy.
Membership System For Vitali
Any member of Vitali has a "user name" and "password" which are determined by the member herself/himself. The "user name" is personal to the member and the same "user name" is not given to two different members. The "password" is only known by the user. The user can change the password at any time. It is solely under the responsibility of the user to select and protect the password. Vitali is not liable for any problems, which may arise from the use of password. Vitali informs the user about the promotions, which take place in the user’s area and from which the user may benefit, by emails. Vitali does not share the user information with the third-party companies –For the user to connect to the services, which require a membership of Vitali, the user must enter the user name and password. This process is called "login" to www.vitaliconcept.com.
By using this site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the site or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.
You may not use the site for any unlawful or unauthorized purpose, including without limitation to:
distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
Interfering with any other persons use or enjoyment of the site. Damaging, disabling or impairing the operation of this site or attempting to gain unauthorized access to this site or to networks connected to it, through hacking, spoofing or other such similar means.
Visitor Material And Conduct
Other than personally identifiable information, which is covered under the Vitali Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. Vitali will have no obligations with respect to such material. Vitali and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
You are prohibited from posting, uploading or transmitting to or from this website any material that:
Breaches any applicable local, national or international law;
Is unlawful or fraudulent
Amounts to unauthorized advertising; or
Contains viruses or any other harmful programs.
You may not misuse the website (including by hacking).
Any comments or feedback that you submit through the website must not:
contain any defamatory, obscene or offensive material;
promote violence or discrimination;
infringe the intellectual property rights of another person;
breach any legal duty owed to a third party (such as a duty of confidence);
promote illegal activity or invade another’s privacy;
give the impression that they originate from us; or
be used to impersonate another person or to misrepresent your affiliation with another person.
The prohibited acts listed in the above paragraphs are non-exhaustive. You will pay Vitali for all costs and damages which it incurs as a result of you breaching any of these restrictions.
Vitali will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to 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 will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus 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, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Prohibited Activities
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You may not access or use the website for any other purpose other than that for which Vitali makes it available. The website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Vitali. In case of any prohibited activities committed by the user, the company has the right to suspend, block or terminate the user's membership and prevent his access to log in the service. Prohibited activities include but not limited to the following:
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Vitali;
systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Vitali;
making any unauthorized use of the Vitali services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
engaging in unauthorized framing of or linking to the website;
transmitting chain letters or junk email to other users;
using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website;
attempting to impersonate another user or person;
using the username of another user;
selling or otherwise transferring your profile;
using any information obtained from the website in order to harass, abuse, or harm another person;
using the Vitali service as part of any effort to compete with Vitali or to provide services as a service office;
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the website;
attempting to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website;
Harassing, annoying, intimidating or threatening Vitali company through any medium of communication or to any of its employees or agents engaged in providing any part of Vitali Company services to you.
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
deleting the copyright or other proprietary rights notice from any Contribution or Vitali Content; and
using the website in a manner inconsistent with any and all applicable laws and regulations.
Any other suspected malicious activities on Vitali website or applications.
Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not 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.
Termination Of Agreement Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant 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 indefi`ite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, 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 case shall Vitali Flower Concept, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your 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 via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Vitali may terminate this agreement unilaterally at any time, you will receive a notification on the Email registered in the system.
Restrictions For Non-Personal And Non-Commercial Use
You agree that the consequences of commercial use or re-publication of content or information of Vitali may lead to serious and incalculable monetary compensation that may not be a sufficient or appropriate remedy and that Vitali will be entitled to temporary and permanent injunctive relief to prohibit such use.
Product Delivery
During any product delivery made by Vitali, if the client is not available in the address specified in the system, the product ordered by the client shall not deliver to anywhere else. Within the framework of such a case, the member must accept all legal responsibilities arising from ordering a product to an address where he/she does not exist.
Price and Payment
Debit / Credit Cards: Please read the following terms of use and disclaimers carefully before using Debit / Credit Cards:
The customer order cancellation is limited to a maximum time of 60 minutes from the time of placing the order.
The customer refund procedure might take 2-7 working days to process on the Debit /Credit Cards bank payment gateway. The customer has to follow up with the bank in case of any delay in crediting back the customer’s account with the amount previously paid by the customer.
We will send an email to the customer that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as reference in case the customer wants to revise the bank with.
Customers using the Debit / Credit Cards facility are requested to be available on their respective contact numbers.
Credit or Debit cards used in placing orders through the online payment gateway on Vitali website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.
The customer is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions.
Governing Law & Competent
These Website Terms shall be governed by and construed in accordance with the law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts.
Enforcement
If any part of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
License
Vitali grants you permission (which may be revoked at any time for any reason or no reason) to view the site and to download, email, share via social networking or print individual pages from the site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.
You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the site, except as specifically noted above. Except as specifically authorized by Vitali, you may not deep-link to the site for any purpose or access the site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the site or any information, content, or material on the site. Vitali reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the site or any content contained therein, whether in whole or in part, without prior written consent from Vitali. You may become a "fan" of the site or share links to the site via social networking technology reference on the site. Any rights not expressly granted herein are reserved.
Indemnification
You agree to indemnify, defend and hold harmless Vitali Flower Concept and our parent, 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.