Terms of Service

Your access to and use of this website (whether or not participating in any commerce) is subject to these legally binding terms and conditions which form a binding agreement (“Agreement”) between you and La Bomba Floristry Inc. (“La Bomba Floristry”). Please carefully read the following terms and conditions, our Privacy Policy and our Sale Terms and Conditions before accessing or using this website. By using this website, you signify your assent to this Agreement and our Sale Terms and Conditions as well as our Privacy Policy. If you do not agree with our Sale Terms and Conditions, or if you do not agree with the Privacy Policy, do not use this website

La Bomba Floristry may revise and update its Sale Terms and Conditions, this Agreement, or the Privacy Policy, without notice at any time. Changed terms will become effective once posted on this website. Your continued usage of La Bomba Floristry’s website constitutes your acceptance of those changes.

You represent and warrant that you posses the legal right, capacity and ability to agree to the terms set out herein, in the Sale Terms and Conditions as well as the Privacy Policy and will use this website in accordance with them. We understand the importance of protecting children`s privacy online. As such, this website is not intentionally designed for or directed at those 18 years of age or younger. It is La Bomba Floristry’s policy to never knowingly collect or maintain information about anyone under the age of 18. If you are using this website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to this Agreement, the Sale Terms and Conditions, as well as the Privacy Policy herein, on behalf of such organization.

Our website and our internal processes may contain links or connections (including advertisements) to third-party web sites ("Third-Party Sites") and third-party content, including without limitation, offsite or online servers, code and applications ("Third-Party Content") as a service to those interested in this information or to facilitate your use of our website or our use of your information in processing orders. As such, the user may enter domains that are beyond the boundaries of La Bomba Floristry. La Bomba Floristry has no control over the content, accuracy, completeness or relevance of the information on these Third-Party Sites, Third-Party Content or applications and provides links or other means of accessing these sites and/or applications solely for the information and convenience of visitors to our website. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. La Bomba Floristry does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. La Bomba Floristry provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply La Bomba Floristry’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

La Bomba Floristry is 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 Sites or Third-Party Content. Some of the third party services we currently use are Google AdWords, Google AdSense, Google Analytics, Mail Chimp, Instagram, Shopify, Zapiet Delivery Rates by Zip Code App, Zapiet Store Pickup + Delivery App, Quickbooks, Hubdoc and Bold Commerce. This list is subject to change without notice and you are deemed to agree that we may use or link to any Third-Party Site or Third-Party Content without providing prior notice.

Except as otherwise indicated, this website, and all text, images, marks, logos and other content contained herein, including, without limitation, the La Bomba Floristry logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of La Bomba Floristry or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF LA BOMBA FLORISTRY INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This website is private property and all interactions on this website must comply with these Terms of Use. Users are required to restrict any and all activity with the website to that which involves lawful purposes only. User participation and interaction is encouraged on the website and the website may contain discussion forums, bulletin boards, public recommendations, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the website ("Interactive Areas"). If La Bomba Floristry provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this website any of the following:

Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

-- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

-- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
-- Content that would violate or infringe upon the rights of others;

-- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

-- Content that is false and misleading;

-- Unsolicited promotions, political campaigning, advertising or solicitations;

-- Viruses, corrupted data or other harmful, disruptive or destructive files;

-- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

-- Content that, in the sole judgment of La Bomba Floristry, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the website, or which may expose La Bomba Floristry or its affiliates or its users to any harm or liability of any type.

La Bomba Floristry takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is La Bomba Floristry liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the website. As a provider of interactive services, La Bomba Floristry is not liable for any statements, representations or Content provided by its users in any Interactive Area or elsewhere on the website. Although La Bomba Floristry has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, La Bomba Floristry reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the website at any time and for any reason. Any use of the Interactive Areas or other portions of the website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the website. In order to cooperate with governmental requests, subpoenas or court orders, to protect La Bomba Floristry’s systems and customers, or to ensure the integrity and operation of La Bomba Floristry’s business and systems, La Bomba Floristry may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, and you hereby acknowledge such right of La Bomba Floristry and consent and agree to any such disclosure. La Bomba Floristry’s right to disclose any such information shall govern over any terms of La Bomba Floristry’s Privacy Policy.

By posting or distributing Content to or through the website, unless we indicate otherwise, you (a) grant La Bomba Floristry and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant La Bomba Floristry and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the website; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant La Bomba Floristry the right to pursue at law any person or entity that violates your or La Bomba Floristry rights in the Content by a breach of this Agreement.

When you place an order to buy something on this website you are making an irrevocable offer to purchase the item(s) that you have selected on the terms found on the ordering page in addition to the Sale Terms and Conditions. To make a purchase you must first register and create a user account.

La Bomba Floristry or its partners, advertisers or sponsors may store cookies on your computer to facilitate and customize your experience or the advertisements that you may see on our website or elsewhere. Cookies are alphanumeric identifiers that enable our systems (or our advertiser’s systems) to recognize your browser and to provide certain features. We use cookies because they save you time while navigating the website and help us track and target user interests in order to provide a better, more customized experience. Cookies also allow us to collect automatic information from you, like which pages you visit and what links you click. Most browsers automatically accept cookies, however, it is possible to change your browser settings so that your browser declines cookies. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Website of its manufacturer. If you decline to accept cookies it is possible that some parts of the website may not work properly. Advertisements appearing on our website may be delivered to you by our advertising partners, who may set cookies. Our privacy policy found on this website does not cover the use of your personal information by our advertisers and you should consult their websites for this information.

This website and the content are being provided to you on an ‘as-is’ basis. We are not warranting that the website shall be fully operational at any time or error-free, or free from computer viruses or malicious programming. All warranties are hereby disclaimed.

In no event will La Bomba Floristry or its affiliates be liable for any direct, special, indirect, incidental, consequential (including among other things, loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of access to, or use of this web site, or delay or inability to use this web site, or any information contained in this web site. Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.

You agree to indemnify, defend and hold harmless La Bomba Floristry and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

The failure of La Bomba Floristry to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to its use constitutes the entire agreement and understanding between you and us and govern your use of this website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms of Use and any separate agreements shall be governed by and construed in accordance with the laws of the Province of British Columbia. This website (excluding Third-Party Sites) is controlled by La Bomba Floristry and operated by it from British Columbia, Canada. You explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of OntBritish Columbiaario and the federal laws of Canada applicable therein.

We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the website and to block or prevent future access to and use of the website if you violate this Agreement, for any reason, or for no reason. Upon any termination, your right to use the website will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the website. Upon termination, all provisions of this Agreement that are intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

The term ‘you’ or ‘your’ or similar words denote the user accessing the website and may be referred to as “User” interchangeably throughout. The term ‘our’ or ‘we’ or similar words refer to La Bomba Floristry Inc.