TERM OF USE
OWNERSHIP AND TRADEMARKS
Soenflorist.com and the Online Store is wholly owned by SO-EN FLORIST (the “Company”). All product names, products pictures, contents, company names and logos appearing on this Web Site are the property of the company.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF SOENFLORIST.COM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, OR CONTENT PROVIDERS (“PROVIDERS”) Or SUPPLIERS WARRANT THAT SOENFLORIST.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SOENFLORIST.COM OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH SOENFLORIST.COM; AND IF THEY ARE NOT, THE COMPANY’S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN EQUIVALENT FLORAL ARRANGEMENT OR AFFECTED FOOD STUFF PRODUCT AS SOON AS REASONABLY PRACTICABLE.
You acknowledge that SOENFLORIST.COM contains information, data, software, photographs, graphs, videos, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, download, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
The Company does not claim ownership of any Content you submit or make available for inclusion on the Web Site. However, with respect to all such Content, including, without limitation, creative ideas, suggestions, content, postings, artwork, material or other submissions whether via email, feedback, a public forum or otherwise (collectively, “User Submissions”), you grant the Company, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Submissions in any manner, including on the Web Site or any other web sites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or post on or to the Web Site or otherwise transmit to the Company and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit or post and you waive the benefits of any moral rights or any similar laws.
In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the Web Site, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is.
USE OF PUBLIC FORUMS
A “public forum” means any publicly accessible message board, chat room, discussion group, folder, survey, contest, user review and rate forum, or other interactive service or promotion on or accessible via the Web Site , and includes both public boards and folders. You must use, subscribe, or register in accordance with instructions that you will find on the Online Store in order to participate or contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person’s privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.
SOENFLORIST.COM is not responsible for any User Submissions or material appearing in any public forum on the Web Site, except for Content signed by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the rights set forth below in The Company’s Rights section.
DISTRIBUTION/UPLOADING BY USERS OF THIRD PARTY CONTENT
Except as otherwise set forth in these Terms, you agree not to upload to or otherwise distribute on the Web Site any Content created or owned by others which is subject to any copyright or other proprietary rights of any third party. The unauthorized submission or distribution of copyrighted or other proprietary third party Content is illegal and could subject you to criminal prosecution as well as personal liability for damages. You, not the Company, or its Affiliates, or any of their respective officers, directors, agents, employees, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
THE COMPANY’S RIGHTS
The Company is not responsible for screening, policing, editing, or monitoring Content (including User Submissions). The Company (or its Affiliates) may elect, but is not obligated, to monitor, electronically or otherwise, areas of the Online Store and may disclose any Content (including User Submissions), records, or electronic communication of any kind and information you provide to the Company or its Affiliates, through the Online Store or otherwise, including all merchandising channels, (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate the Online Store and/or the overall business of the Company and its Affiliates; or (iii) to protect the rights or property of the Company, users of the Online Store, Affiliates, subscribers, customers, recipients, Sponsors, Providers, Licensors, or Merchants. Subject to the “Copyright Agent” provisions above, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Web Site.
The Company reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) that it deems in its sole discretion to be harmful to users of the Online Store, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, the Company or its Affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company, nor its Affiliates, Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither the Company, nor its Affiliates, nor any of their respective officers, directors, employees, agents or employees, nor any Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content (including User Submissions) on the Web Site.
ORDER ACCEPTANCE POLICY
All orders received are subject to acceptance by SO-EN FLORIST and we reserve the right to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received via the payment method used to place the order.
At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before or after the offer end date.
In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall ‘prevail’. We are unable to offer special offer discounts for purchases that have already been made.
As our special offers are contingent on the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time, and without prior notice.
We also reserve the right to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
Due to hike in prices during Valentine’s Day period (1st February to 17th February, both dates inclusive), all orders received earlier, for delivery during this period, will not be honoured at the normal price published prior to Valentine’s Day. We will only proceed with the order after the customer bank in the differences or customer can change the delivery dates to other dates, other than Valentine’s Day period.
We will inform customer if order is received but prices will be different for this period. As per our policy, no refund for all goods purchased. Normally, prices for Valentine’s Day will be published in mid of January. Please give us a call to confirm the price if there is any confusion.
TERMINATION OF USAGE
SOENFLORIST.COM is owned by SO-EN FLORIST. The Company makes no representation that this Online Store or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access this Online Store from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any and all claims, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, marketing, or selling of any and all products and services of the Company and its Affiliates, through all merchandising channels, including but not limited to, the internet, this Web Site, telephone, catalog, radio, television, mobile device and participating retail stores or the Content shall be governed by the internal substantive laws of Malaysia without regard to its conflict of laws principals. The exclusive venue and jurisdiction for all claims and disputes shall be the appropriate state or federal courts located in Malaysia and you and we hereby irrevocably consent and submit to the exclusive jurisdiction of these courts.
For full information related to our delivery-related policies, please see our Delivery Policy sections.
Acknowledgement and Changes
- the personal information we may require from you when you visit our website, respond to our emails, place orders via mail or fax, or otherwise contact us via telephone, email, fax or mail,
- the reasons we gather information from you,
- how we gather it,
- what information do we gather,
- how we use the information gathered, and
- how to limit communication from us.
WHY DO WE GATHER INFORMATION?
SOENFLORIST.COM gathers personal information to help improve our products offering and customer service, to communicate with you, to process your orders, to provide an enhanced and more personalized shopping experience and to inform you, and your gift and message recipients, of special offers, promotions and discounts from us.
We are committed to keeping customer information confidential and used solely for the purpose of serving you better.
WHAT INFORMATION DO WE GATHER?
We gather information through our Online Store, emails, mail, fax, and telephone, including but not limited to the followings:
- when customers place an order, when customers participate in our forums, surveys, contests, promotions, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, and membership registrations, and
- when customers engage in other activities, services, products and resources we make accessible to our customers, members or users.
Depending on how you are interact with us, we gather some or all of the following types of information:
- your name, address, telephone number, email address,
- billing information (credit/debit card number, expiration date, alternate or additional billing information and billing address),
- gender and birth date, if you choose, or are otherwise required to, enter such information,
- products purchased and occasion type (for example, Valentine’s Day),
- any promotion or gift card code and related information
- Message and gift recipients’ names, addresses, telephone numbers and email addresses
Information is gathered when you place an order, registration, or other process is started but not completed or cancelled.
HOW DO WE USE THE INFORMATION GATHERED?
We use information we gathered to communicate with you, to process your orders, to provide an enhanced and more personalized shopping experience, to inform you and your gift and message recipients of offers and discounts from SOENFLORIST.COM
CONSENT TO TRANSFER AND SUBMISSION
SOENFLORIST.COM is operated from Malaysia. If you are located outside Malaysia, please be aware that any information you provide to us will be transferred to Malaysia. By using the Web Site or otherwise providing us with information, you hereby consent to this transfer.
In addition, if you provide information to us regarding other individuals (such as your message or gift recipients), you have obtained approval from them to disclose such information.
SECURITY AND PASSWORDS
We take the security issue very seriously. Our online ordering system is based on the SSL 128 bit encryption standard. Provided you are using an SSL-compliant browser such as Netscape’s Navigator or Microsoft’s Internet Explorer, you’ll be able to conduct end-to-end encrypted transactions without fear of an intermediary obtaining your credit card information.
If you place an order on our Web site, it encrypts the credit/debit card number you submit prior to transmission over the Internet using secure socket layer (SSL) encryption technology. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.
Portions of the Online Store (such as our Member registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the “Password”). Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Online Store (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.
HOW TO LIMIT COMMUNICATION FROM US?
We want to communicate with you only to the extent you want to hear from us. And as part of our customer service offering we provide a regular email newsletter service. This service brings to you details of monthly special offers and product promotions as well as information on new products.
If you wish to subscribe to our newsletter service please send an email to hello [at] soenflorist.com stating your request or submit your address in the box provided on our homepage.
And if you wish to opt-out of this service, please access the “Unsubscribe” link that is available on all promotional emails. You can subscribe again at any time by following the procedure above.
If you have any questions, please email our Customer Services Team at hello [at] soenflorist.com
CORRECTION TO INFORMATION PREVIOUSLY PROVIDED
If you would like to update or correct information previously provided to us, please send an e-mail with your new information, including your complete name, postal address, and email address to hello [at] soenflorist.com
Members can modify and update their membership information (including name, mailing address, birth date, telephone number and email address) by accessing the password-protected “Update Membership” page.
We endeavor to keep our information accurate and up to date. Once you have registered online with SOENFLORIST.COM you can check the information we store for your account by visiting our website and logging-in. By accessing “My Details” you can amend any inaccuracies through this facility.
YOUR CONSENT AND CHANGES TO THIS POLICY
OUR DELIVERY TIME
- Monday to Saturday (Kota Kinabalu) : 10.00am – 8.00pm
- Sunday, Public Holiday, Special Occasions delivery after 8.00pm, before 10.00am : Special arrangement can be made
- For delivery on Sunday, Public Holiday, Special Occasion (ie. Christmas, Valentine’s day, Mother’s day & Father’s day), after 8.00pm, before 10.00am, outside Kota Kinabalu and overseas delivery, please place your order 3 working days in advance to ensure that goods can be deliver on time else it will be on case buy case basis.
- Please take note that in some cases, delivery may not be done within a specific time requested due to unforeseen circumstances beyond our control. We will deliver the order soonest possible on the date specified.
SAME DAY DELIVERY (MONDAY TO SATURDAY)
Same Day Delivery is available for order and payment done before 12.00pm for Soenflorist.com and 2pm for Shop/Telephone Order from Monday to Saturday.
MORNING DELIVERY (10.00 AM TO 12.00PM)
All morning Delivery needs to reach us before 6.00pm on the day before the delivery date for Soenflorist.com and after 6.00pm, please call for Shop/Telephone Order.
We reserves the right to substitute any of the items based on availability. We would ensure that items replaced will either be of equivalent or higher value. However, we will not replace the main flowers chosen unless is agreed with the customer or stated on our website. (For example, if the choice of the main flowers is red roses, we will substitute with a different colour but not to substitute with different type of flowers i.e. Lily)
Our delivery time:
- Sender must provide at least 1 contact number for recipient and 1 alternative contact number (ie. 2nd mobile phone / office phone / house phone). We will NOT reveal the sender details because we understand most of the senders would like the gift/flower to be a surprise.
- Our delivery team will try our best to deliver to recipient, if recipient isn’t around we will deliver to :
- For delivery to office, we will deliver to receptionist or recipient colleague
- For delivery to house, we will deliver to recipient family member
- For delivery to college/university campus, please provide us recipient’s friend contact number for arrangement.
- Please note that the runner will only wait for 15 minutes at the assigned delivery address. Any undelivered products will be sent back to the shop.
- A fee of the same amount of delivery charges will be imposed for re-delivery of orders (to the same place) and different fees for re-delivery of orders to different location. Any replacement of product will be charge separately.
- A cancellations fee of 50% of the selling price will be levied on orders cancelled upon confirmation.
The management reserved the right to amend any of the above without any prior notification. Thank you.
ALL RIGHT RESERVED
There is no part of the website include photos, descriptions, names, contents and basically everything published on the website, at anytime should be copied, reproduced or stored in any form by means including written, electronic or mechanical means without the written permission / approval of the copyright from SO-EN FLORIST or SOENFLORIST.com.
Any person who violate the above or any unauthorized act in relation to this copyright work, he, she or company, may be liable for a civil claim for damages and a criminal prosecution.