Terms and Conditions

1. Introduction

Welcome to Flora Flicks ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Flora Flicks website, located at www.floraflicks.com (the "Website"), and the services, features, content, and products available through the Website (collectively with the Website, the "Services").

Flora Flicks is a flower shop based in Germany that offers floral arrangements, bouquets, plants, and related products and services.

2. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and Flora Flicks.

If you are using our Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.

3. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements outlined in these Terms.

4. Account Registration

To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you fail to comply with these Terms.

5. Use of the Website and Services

Subject to your compliance with these Terms, Flora Flicks grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes.

5.1 Orders and Purchases

When placing an order through our Website, you agree to provide current, complete, and accurate purchase and account information. 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.

5.2 Delivery and Product Availability

We make every effort to ensure the availability of our products and timely delivery of orders. However, product availability and delivery times cannot be guaranteed. Seasonal variations, weather conditions, and other factors may affect the availability of certain flowers and plants.

5.3 Product Descriptions and Images

We strive to display our products as accurately as possible. However, we cannot guarantee that your computer's display of any product color or image will be accurate. Flora Flicks reserves the right to modify product descriptions and specifications at any time without notice.

6. Intellectual Property Rights

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and logos, are owned by Flora Flicks, its licensors, or other providers of such material and are protected by German and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

7. User Content and Submissions

Our Services may allow you to post, submit, publish, display, or transmit content such as reviews, comments, suggestions, or other materials ("User Content"). By providing any User Content, you grant us and our affiliates and service providers a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing and promoting our Services.

You represent and warrant that:

• You own or control all rights in and to the User Content you provide and have the right to grant the license granted above.
• All of your User Content complies with applicable laws and regulations.
• Your User Content does not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.

8. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Website is stored, or any server, computer, or database connected to the Services.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

9. Third-Party Links

The Services may contain links to third-party websites or services that are not owned or controlled by Flora Flicks. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Flora Flicks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FLORA FLICKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FLORA FLICKS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLORA FLICKS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR LIABILITY FOR FRAUD.

11. Indemnification

You agree to defend, indemnify, and hold harmless Flora Flicks, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

12. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Germany, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Termination

We may terminate or suspend your access to all or part of the Services, including by terminating or suspending your account, immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

15. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and Flora Flicks with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

17. Contact Information

If you have any questions about these Terms, please contact us at: