TERMS
AND CONDITIONS OF USE / DISCLAIMER eastwestbazaar.com,
Inc. ("eastwestbazaar.com") provides its services
to you subject to the following terms and conditions. If you
access this web site eastwestbazaar.com, you accept these
Terms and Conditions of Use, as well as our other term and
conditions on this web site, such as our Privacy Policy, Shipping
Policy, and Disclaimer. Please read them carefully. In addition,
when you use any current or future eastwestbazaar.com service
on this web site, you also will be subject to the guidelines
and conditions applicable to such service.
ELECTRONIC COMMUNICATIONS
When you visit eastwestbazaar.com or send e-mails to us, you
are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. 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.
COPYRIGHT All content included
on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations,
and software, is the property of eastwestbazaar.com or its
suppliers and protected by Canada and international copyright
laws. All software used on this site is the property of eastwestbazaar.com
or its software suppliers and protected by Canada + and international
copyright laws. COPYRIGHT NOTICE Copyright© 2003 eastwestbazaar.com,
Inc. Any rights not expressly granted herein are reserved.
TRADEMARKS eastwestbazaar.com's trademarks
and trade dress may not be used without eastwestbazaar.com's
prior written consent. Trademarks not owned by eastwestbazaar.com
that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to,
or sponsored by eastwestbazaar.com.
LICENSE AND SITE ACCESS
eastwestbazaar.com grants you a limited license to access
and make personal use of this site and not to download or
modify it, or any portion of it, except with express written
consent of eastwestbazaar.com. This license does not include
any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its contents;
any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots,
or similar data gathering and extraction tools. This site
or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent of
eastwestbazaar.com. 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 eastwestbazaar.com
and our affiliates without express written consent. You may
not use any meta tags or any other "hidden text"
utilizing eastwestbazaar.com's name or trademarks without
the express written consent of eastwestbazaar.com. Any unauthorized
use terminates the permission or license granted by eastwestbazaar.com.
YOUR ACCOUNT If you use
this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to
your computer, and you agree to accept responsibility for
all activities that occur under your account or password.
eastwestbazaar.com does not sell products for purchase by
children. We may sell children's products for purchase by
adults. If you are under 18, you may use eastwestbazaar.com
only with adequate involvement of a parent or guardian. eastwestbazaar.com
and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their
sole discretion.
REVIEWS, PHOTOGRAPHS, COMMENTS, COMMUNICATIONS,
AND OTHER CONTENT Visitors may post reviews, comments,
and other content; and submit photographs, 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, 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." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as
to the origin of any content. eastwestbazaar.com 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 or ideas, and unless
we indicate otherwise, you grant eastwestbazaar.com and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable license and right to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, perform, and display such ideas and content
throughout the world in any media. You grant eastwestbazaar.com
and its affiliates and sublicense 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 eastwestbazaar.com or its affiliates
for all claims resulting from content you supply. eastwestbazaar.com
has the right but not the obligation to monitor and edit or
remove any activity or content. eastwestbazaar.com takes no
responsibility and assumes no liability for any content posted
by you or any third party.
eCASH When you earn eCash with us, we will e-mail you a code. Using the said code, you can redeem it when you shop with us next time or simply keep accumulating it for future purchases with us. You cannot gift/transfer your eCash to anyone. However, you can buy our EastWestBazaar.com Gift Certificate and gift it to anyone you wish. For that, all you need is to write to us at custserv@eastwestbazaar.com
or simply call us at 1-905 654 5566 and we will take care
of the rest for you.
SURPRISE FREE GIFT This
is an introductory New Year 2005 offer. We will send you a
surprise gift with your first order only. We only honor one
gift per household / address. This offer is valid for orders
received till February 28th, 2005.
ELIGIBILITY FOR AN ANNUAL GRAND LUCKY DRAW
On the January 1st, 2006 we will have our Grand Annual Lucky Draw.
All participants who have signed in between January 1st, 2005 to the stroke of midnight December 31st, 2005 will get automatically enrolled in our Grand Lucky Draw. The details of that Lucky Draw would be intimated to all our patrons by the middle of the year. Also, an invitation to the said event would be sent to them by November 2005 end.
When you participate in any sweepstakes, lucky draws, contests, and promotions sponsored by EastWestBazaar.Com Inc or its affiliates, we use the Personal Information provided to qualify your entry and to contact you, should you come up a winner.
DISPLAY OF YOUR OWN PORTRAIT
You would need to e-mail us your self-portrait along with your profile and contact information. Our experts would review the picture and if found appropriate for public viewing, we would be happy to display your picture on our www.eastwestdirectory.com website. It may here be noted that EastWestBazaar.Com and its affiliates reserve the right to refuse, remove or edit the picture(s) at their sole discretion.
WINTER SPECIAL FOR TORONTONIANS
You would need to place the order online and pay the normal
delivery charges as prevalent in our system. We make same
day hand delivery to all orders to Greater Toronto Area of
Ontario, Canada provided we receive the order(s) before 16.00
Hrs EST on a business day. All orders received after 16.00
Hrs EST would be delivered on the next business day. We normally
do not process/deliver orders on holidays and weekends. If
you need to schedule a delivery on a weekend, please call
us at 1-905 654 5566 and we would try our best to honor such
requests.
FLOWER SATISFACTION GUARANTEED
We guarantee that your flowers purchase will be fresh and of the highest quality.
If you, or the person receiving your gift, are not completely satisfied,
please do not hesitate to contact us immediately and we will work to ensure your complete satisfaction.
PLACING AN ORDER
When you place an order, we require you to provide us with Personal Information.
We use this information to give you a customized experience and to process the orders that you place with us.
The recipient phone number, which you furnish to us when you place an order, is used for delivery purposes.
On some occasions, the recipient may be called to schedule delivery.
To maintain our high quality standards, we will occasionally contact recipients to ensure satisfaction with their gift.
PRIOR NOTICE Usually all flower bouquets are to be ordered at least 72 hours before delivery.
However, we can be contacted on phone for scheduling same day service.
Due to time difference, we would still prefer 24 hours notice based on recipient's time zone during business days (except Saturdays, Sundays and Canadian Holidays).
We deliver flowers anywhere in the world on request.
Please call us at 1-905 654 5566 or write to us at
custserv@eastwestbazaar.com for further information.
Please check our Same Day Delivery Area List to schedule a same day delivery there.
DELIVERY The items delivered
on www.eastwestbazaar.com are perishable in nature,
therefore, our logistics partners will attempt delivery
of the items only once. In case the delivery is not
executed during the attempt due to wrong Address / recipient
not being available, premises locked or refusal to accept,
the customer shall still be charged for the order. Neither
eastwestbazaar.com nor the seller will be able to accept
any return of such items.
The products (flowers/cakes/chocolates and sweets) are
sourced locally, hence they may vary from the picture
on the site. We will try and ensure that the product
delivered is as close as possible to the image displayed
on the site.Kindly make a note, if under any circumstances
customers choose to return back the items shipped by
EastWestBazaar.com, customer will bear the shipping
charges itself.
RISK OF LOSS All items purchased
from eastwestbazaar.com 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. If there are
any damages to the shipped items customer must notify eastwestbazaar.com
within 48 hrs after recieving the parcel.
PRODUCT
DESCRIPTIONS eastwestbazaar.com and its affiliates
attempt to be as accurate as possible. However, eastwestbazaar.com
does not warrant that product descriptions or other content
of this site is accurate, complete, reliable, current, or
error-free.
OTHER BUSINESSES Parties
other than eastwestbazaar.com operate stores, provide services,
or sell product lines on this site. In addition, we may provide
links to the sites of certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals or
the content of their web sites. eastwestbazaar.com does not
assume any responsibility or liability for the actions, products,
or content of all these and any other third parties. You should
carefully review their privacy statements and other conditions
of use.
DISCLAIMER OF WARRANTIES THIS SITE
IS PROVIDED BY eastwestbazaar.com ON AN "AS IS"
AND "AS AVAILABLE" BASIS. eastwestbazaar.com MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, eastwestbazaar.com
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. eastwestbazaar.com DOES
NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
eastwestbazaar.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY eastwestbazaar.com WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS. SITE POLICIES, MODIFICATION, AND SEVERABILITY.
Please review our other policies, such as
our Privacy Policy, Shipping Policy, and Disclaimer, posted
on this site. These policies also govern your visit to eastwestbazaar.com.
We reserve the right to make changes to our site, policies,
and these Terms and Conditions of Use at any time. If any
of these terms and conditions shall be deemed invalid, void,
or for any reason unenforceable, that term shall be deemed
severable and shall not affect the validity and enforceability
of any remaining terms or conditions.
GENERAL These Terms and
Conditions of Use shall not be governed by the U.N. Convention
on Contracts for the International Sale of Goods; rather,
these Terms and Conditions of Use shall be governed by the
laws of the Province of Ontario without reference to conflicts
of laws principles. These Terms and Conditions of Use and
other policies on this web site constitute the entire agreement
between us and supersede any other communications or advertising
with respect to eastwestbazaar.com's web site. The waiver
of a breach of any term hereof shall in no way be construed
as a waiver of any other term or breach hereof. The person
agreeing to these Terms and Conditions of Use represents and
warrants that such person is authorized to bind and does so
bind his or her principal or employer and has adequate legal
capacity to enter these Terms and Conditions of Use. You may
not assign these Terms and Conditions of Use or any rights
or obligations hereunder, directly or indirectly, by operation
of law or otherwise, without the prior written consent of
eastwestbazaar.com; eastwestbazaar.com may assign these Terms
and Conditions of Use and rights hereunder to any entity.
Subject to the foregoing sentence, these Terms and Conditions
of Use shall inure to the benefit of and be binding upon the
parties and their respective successors and permitted assigns.
Last Revised NOV 14, 2003
DISCLAIMER
eastwestbazaar.com makes every effort to present accurate
and timely information regarding the products we have for
sale. However, it is possible that discrepancies or inaccuracies
may arise if eastwestbazaar.com receives inaccurate information
from our suppliers or other outside sources. Should you encounter
any information on our site that you deem inaccurate, please
inform us at webmaster@eastwestbazaar.com
DISCLAIMERS OF WARRANTIES &
PRODUCT LIABILITY
eastwestbazaar.com shall not be held liable for any damaged
goods or any injuries resulting from use of any products.
eastwestbazaar.com does not provide warranties on any merchandise--any
warranty or promises made by the manufacturers are solely
their liability. Many different entities participate in eastwestbazaar.com,
and eastwestbazaar.com holds no liability for the services
or products sold by them. eastwestbazaar.com claims no exclusive
ownership of the goods, stores, or services found in this
bazaar, and, as such, eastwestbazaar.com shall not be held
liable for them.
INFORMATION LIABILITY
In no event shall eastwestbazaar.com or any of its sources
be liable for any direct, special, incidental, indirect,
or consequential damages whatsoever (including but not
limited to: damages for loss of business profits, business
interruption, loss of business information, or any other
pecuniary loss) arising out of the use of the information
made available on this web site. Information on the
eastwestbazaar.com web site may not be reproduced, copied,
or altered without the express written consent of eastwestbazaar.com
and its affiliates.
PURCHASED ITEMS CANCELLATION
PROCESSING FEE
If you wish to cancel the items after you have placed
them with easwestbazaar.com inc. prior to its shipment
from our office. A 5% money refund processing fees will
be charged on the total order including shipping.For
further information please write an e-mail to custserv@eastwestbazaar.com
SHIPPING ISSUES
Also, if under any circumstances customers choose to
return back the items shipped by EastWestBazaar.com,
customer will bear the shipping charges itself. Eastwestbazaar.com
will not bear any re-shipping charges on the items returned
to us, due to the negligence or ignorance of customer
to receive the items at their end. For further information
please write an e-mail to custserv@eastwestbazaar.com
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