Terms & Conditions
Conditions of Use
Welcome to www.EverRose.com a division of Ever Rose Enterprises Inc. The services on this site are offered to you by Ever Rose Enterprises Inc., and its affiliates subject to the following conditions. If you visit or shop at the EverRose.com site, you accept these conditions. Please read them carefully. When you use any current or future EverRose.com service or visit or purchase from any business affiliated with EverRose.com, whether or not included in the EverRose.com site, you will be subject also to the guidelines and conditions applicable to such service or business. BY USING THE EverRose.com SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE EverRose.com SITE.
When you visit the EverRose.com site or send e-mail 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 the EverRose.com 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.
All content included on the EverRose.com site--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of EverRose.com or its affiliates or content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content on the EverRose.com site is the exclusive property of EverRose.com and is protected by Canadian and international copyright laws. All software used on the EverRose.com site is the property of EverRose.com or its affiliates or its software suppliers, and protected by Canadian and international copyright laws.
EverRose.com and other marks indicated on our site are trademarks or registered trademarks of Ever Rose Enterprises Inc., or its affiliates, in the Canada and other countries. EverRose.com graphics, logos, page headers, button icons, scripts, and service names are trademarks of EverRose.com or its affiliates. EverRose.com trademarks and / or its affiliates may not be used in connection with any product or service that is not EverRose.com's or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EverRose.com or its affiliates. All other trademarks not owned by EverRose.com or its affiliates that appear on the EverRose.com site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EverRose.com or its affiliates.
Licence and Site Access
EverRose.com grants you a limited licence to access and make personal use of the EverRose.com site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of EverRose.com. This licence does not include any resale or commercial use of the EverRose.com site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the EverRose.com 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. The EverRose.com site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Ever Rose Enterprises Inc. 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 EverRose.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing EverRose.com's name or trademarks without the express written consent of EverRose.com. Any unauthorized use terminates the permission or licence granted by EverRose.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of EverRose.com, so long as the link does not portray EverRose.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EverRose.com logos or other proprietary graphic or trademark as part of the link without express written permission.
If you use the EverRose.com site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EverRose.com does sell products for children, but it sells them to adults who are permitted to purchase products with a credit card. If you are under 18, you may use EverRose.com only with involvement of a parent or guardian. EverRose.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit 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 a card or other content. EverRose.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, and unless we indicate otherwise, you grant EverRose.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EverRose.com and its affiliates and sublicencees 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 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 EverRose.com or its affiliates for all claims resulting from content you supply. EverRose.com has the right but not the obligation to monitor and edit or remove any activity or content. EverRose.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from EverRose.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
EverRose.com and its affiliates attempt to be as accurate as possible. However, EverRose.com does not warrant that product descriptions or other content of the EverRose.com site are accurate, complete, reliable, current, or error-free. If a product offered by EverRose.com itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
THE EVERROSE.COM SITE IS PROVIDED BY EVERROSE.COM AND ITS AFFLIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERROSE.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 FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVERROSE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERROSE.COM DOES NOT WARRANT THAT THE EVERROSE.COM SITE, ITS SERVERS, OR E-MAIL SENT FROM EVERROSE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVERROSE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE EVERROSE.COM SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS 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 MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the EverRose.com site, you agree that the laws of the province of Alberta, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EverRose.com or its affiliates.
EverRose.com collects sales tax for products ordered on this website. The rate of sales tax that will apply to an order is dependent on the delivery address of the order. The 5% GST (Goods and Services Tax) is added to all orders in every province except for the following provinces in which the HST (Harmonized Sales Tax) is added to all orders: Nova Scotia (15%), Ontario, New Brunswick, Newfoundland and Labrador (13%) and Prince Edward Island (14%). In addition, provincial sale tax is added to all orders in the province of Québec (9.975%). USA tax varies per county.
Site Policies, Modification, and Severability
Please review our other policies, such as our Returns policy, posted on the EverRose.com site. These policies also govern your visit to the EverRose.com site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on the EverRose.com site. Your use of the EverRose.com site will be subject to the version of the Conditions of Use posted on this site at the time of such use. Accordingly, you are advised to review the Conditions of Use prior to using the EverRose.com site. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE EVERROSE.COM SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
CHANGES TO INFORMATION ON OUR WEBSITE
From time-to-time, we may have to cancel an order placed through our website if, for example, the merchandise ordered unexpectedly becomes unavailable for shipment.
We reserve the right to revise any price or inaccurate description and to cancel or refuse any order with an inaccurate price or description. These corrections can be made even after the acceptance of an order.
Last updated October 29, 2016