Terms and conditions of use
Welcome to WimzyRoses.com. Wimzy and/or its affiliates ("Wimzy") provide website features and other products and services to you when you visit or shop at WimzyRoses.com, use Wimzy products or services, or use software provided by Wimzyin connection with any of the foregoing (collectively, "Wimzy Services"). Wimzy provides the Wimzy Services subject to the following conditions.
By using Wimzy Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Wimzy Services, and sometimes additional terms may apply. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Wimzy Services, to understand our practices.
When you use Wimzy Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Wimzy Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Wimzy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Wimzy or its content suppliers and protected by Hong Kong SAR and international copyright laws. The compilation of all content included in or made available through any Wimzy Service is the exclusive property of Wimzy and protected by Hong Kong and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Wimzy Service are trademarks or trade dress of Wimzy in the Hong Kong SAR and other countries. Wimzy's trademarks and trade dress may not be used in connection with any product or service that is not Wimzy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wimzy. All other trademarks not owned by Wimzy that appear in any Wimzy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wimzy.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Wimzy or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Wimzy Services. This license does not include any resale or commercial use of any Wimzy Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Wimzy Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Wimzy or its licensors, suppliers, publishers, rightsholders, or other content providers. No Wimzy Service, nor any part of any Wimzy Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wimzy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wimzy without express written consent. You may not use any meta tags or any other "hidden text" utilizing Wimzy's name or trademarks without the express written consent of Wimzy. You may not misuse the Wimzy Services. You may use the Wimzy Services only as permitted by law. The licenses granted by Wimzy terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Wimzy account to use certain Wimzy Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Wimzy only sells products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Wimzy Services only with involvement of a parent or guardian. Wimzy reserves the right to refuse service, terminate accounts, terminate your rights to use Wimzy Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send text messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Wimzy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Wimzy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Wimzy and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Wimzy for all claims resulting from content you supply. Wimzy has the right but not the obligation to monitor and edit or remove any activity or content. Wimzy takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from Wimzy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Wimzy does not take title to returned items until the item arrives at our fulfilment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Wimzy does not take title to the refunded item.
Wimzy attempts to be as accurate as possible. However, Wimzy does not warrant that product descriptions or other content of any Wimzy Service is accurate, complete, reliable, current, or error-free. If a product offered by Wimzy itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WIMZY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WIMZY SERVICES ARE PROVIDED BY WIMZY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WIMZY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WIMZY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WIMZY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WIMZY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WIMZY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WIMZY DOES NOT WARRANT THAT THE WIMZY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WIMZY SERVICES, WIMZY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM WIMZY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WIMZY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WIMZY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WIMZY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Wimzy Service, or to any products or services sold or distributed by Wimzy or through Wimzy.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Wimzy will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Wimzy Service, you agree that the laws of the Hong Kong Special Administrative Region of The People’s Republic of China will govern these Conditions of Use and any dispute of any sort that might arise between you and Wimzy.