TERMS OF SERVICE
www.backyardroses.com (this “Website”) is jointly owned and managed by Tess Christine, LLC and Instaco, LLC (“us”, our” or “we"). By accessing this Website or using the services, website, applications and software provided through or in connection with this Website, including through a mobile device (the "Service") in any manner, you become an user (“User”). By using the Services, you are agreeing to all of these Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms of Service.
Change or Termination
This Website permits you to browse and purchase certain goods. You are expressly prohibited from doing the following acts: (a) using this Website or any services and or tools to commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; (c) hack into any aspect of the Service; corrupt data; (d) cause annoyance to other Users; (e) infringe upon the proprietary rights of any other person ; (f) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or (g) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable to you or another third party for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains our property or property of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or events that are beyond our control and you agree under no circumstances will we be responsible for delays.
All customs and duty fees, if applicable, are your responsibility. Shipping costs are non-refundable, which includes returns, package rejection upon arrival and/or failure to pay duty fees.
You represent and warrant that you are at least 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be us or may in some cases be a third party. Where a contract is made with a third party, we are not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you represent and warrant that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling the order. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(e) Price Adjustment Policy
If within seven calendar days of your order date, we reduce the price of an item you purchased, we'll happily adjust the sale price for you.
Please note that we can only make one sale adjustment per item. The item must be in the same color and size, and in stock. Please contact customer service and request a price adjustment while the item is still at the reduced sale price.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.backyardroses.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.backyardroses.com.
You agree to indemnify, defend and hold harmless www.backyardroses.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of these Terms of Service.
We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services, Terms of Service, and/or any page of this Website.
If any part of these Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
These Terms of Service shall be governed by, construed and entered in accordance with the laws of the State of California applicable to contracts deemed to be made within such State, without regard to any choice of law or conflict of law provisions thereof. In the event any person makes a claim or files a complaint initiating an action based on a dispute arising out of use of this Website or information posted to this Website, it shall be subject to the exclusive jurisdiction and venue of the California state courts located in Los Angeles County and/or the United States District Court for the Central District of California, and each of the parties hereby agrees to the personal and exclusive jurisdiction and venue of such courts.
YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
We operate a complaint handling procedure which we will use to try to resolve disputes internally when they first arise. In the event of any claim, controversy or alleged dispute between you and us or our affiliates or employees (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding by contacting us with your concerns, complaints or comments.
Our failure to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Terms of Service, the exercise by either you or us of any of its remedies under these Terms of Service will be without prejudice to its other remedies.
These Terms of Service and other referenced materials are the entire agreement between you and us with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Service and govern the future relationship.