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Your Membership Account
Limited License
Policies
Intellectual Property Rights
Delivery Policy
Substitutions
Cancellation and Returns
Pricing and
Typographical Errors
Warranties
Special Warnings
and Hazards
Limitation of Liability
Indemnity
Termination and Changes to Terms of Agreement
Choice of Law and
Dispute Resolution
Severability
Our address

FTD.CA INC. Terms of Use

THIS AGREEMENT (THE “AGREEMENT”) OUTLINES THE LEGALLY BINDING TERMS OF USE (THE “TERMS OF USE”) FOR YOUR USE OF FTD.CA INC.’S ("FTD" or “WE”) WEBSITE http://www.ftd.ca (THE "SITE") AND ALL PRODUCTS AND SERVICES PROVIDED BY FTD ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, including any additional terms and conditions and policies referenced herein and/or available by hyperlink and found on the Site, excluding third party websites that may be subject to their own terms of use. 
If there is any conflict or inconsistency between this Agreement and the foregoing rules, policies or procedures posted on the Site, this Agreement will prevail.

You agree to comply with all local laws regarding online conduct and acceptable content.

Your Membership Account

You may order products either by setting up a Membership Account or by accessing the Site on a per order basis.  To set up an account, simply fill the new member registration form, a copy of which can be found on https://www.ftd.ca/new-signup/

To buy products on a per order basis, simply click on the item you wish to purchase and follow the instructions.

Members may also benefit from additional programs that may be offered from time to time, including:

The FTD Reminders Program:

This program allows you to save important dates such as birthdays, anniversaries, holidays and appointments.  Reminders are sent by e-mail and cell phone.  Cell phone reminders are brief text messages sent to your cell phone e-mail address.  E-mail reminders include "smart suggestions" of paper greeting cards, free e-greetings and gifts appropriate for that special someone.  To fit your needs, you can easily change your reminder frequency settings.

For information on our FTD Reminders Program, see https://www.ftd.ca/reminder-signin

The Rewards Program:

Members may also receive benefits and discounts from our partners, subject to our partners’ terms and conditions and privacy policies.

Note, however, that discounts, Miles and Points are not applicable to any products featured under "Add Special Gifts," FTD Gold Membership fees, or other fees such as service fees and shipping fees or applicable taxes. In addition, discounts are not applicable on the following collections: Steuben, Nambe, Baccarat, USO and Ultimate Roses. This offer is available online only and is not available in retail stores.  Promotion cannot be combined with any other offers or discounts.

For information on our Rewards Program, see http://www.ftd.ca/custserv/partners.epl

FTD Gold Membership:

Upon payment of an annual FTD Gold membership fee in advance (fee is shown to  you  when you apply or renew membership) you will be able to make purchases of available floral products and gifts shown on www.ftd.com/gold website during your 12 month membership term and either ship via listed overnight carriers certain FTD products for free or if the products are Florist delivered, have the service fee on such purchases waived. The yearly membership fee may be subject to change from time to time and is disclosed to you before you elect to join FTD Gold membership or when your FTD Gold membership comes up for annual renewal. See http://www.ftd.ca/custserv/ftdgoldmembershipfaqs.epl

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Limited License

FTD gives you a limited license to use the Site for personal, informational and product ordering purposes.  You are responsible for all content that you provide, email, post, upload or otherwise transmit to the Site (the “Submission”).  You may not post to the Site any Submission that you did not create or in respect of which you do not have all necessary rights.  Upon posting a Submission to the Website, you warrant that you either own or have full right and authority to post such Submission and that such Submission does not violate this Agreement or any rules, policies or procedures incorporated herein by reference. 
You may not modify, copy, distribute, frame, reproduce, republish, display, post, transmit, alter or sell in any form or by any means, in whole or in part, any content posted on the Site without FTD’s prior written permission.

Except as provided in the Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on FTD’s part.  FTD shall not be liable for any use or disclosure of any Submissions.

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Policies

You must abide by FTD’s policies as stated in this Agreement and FTD’s policy documents listed on the customer service page http://www.ftd.ca/custserv/, including the policies referred to in this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by FTD, including but not limited to the Site’s Privacy Policy.  The foregoing is incorporated into this Agreement by reference.

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Intellectual Property Rights

All content on the Site, including but not limited to designs, pictures, video, information, applications, and other files, and their selection and arrangement, are the proprietary property of FTD, with all rights reserved.

This Site is subject to copyright protection to the fullest extent permitted by law.  You are responsible for complying with all applicable U.S., Canadian  and international copyright laws, regulations, and restrictions.

Florists’ Transworld Delivery, FTD, and related words, domain names, scripts, service names, icons and logos are trade-marks and the property of FTD.  All other trade-marks, product names, company and trade names or logos and service marks featured cited herein are the property of their respective owners and protected under state/provincial, federal, and international laws. Trademarks shall not be used in a way that is likely to cause confusion among customers and prejudice FTD.

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Delivery Policy

FTD can deliver flowers and plants to almost 100% of the United States and Canada.  We can also deliver flowers, worldwide, to more than 150 countries across the globe.  To place an international order, or for more specific information on the 150 countries we serve, please visit our International Shop http://www.ftd.ca/catalog/international.epl.

Note that FTD cannot guarantee delivery at a specific time of day.  Substitution may be necessary to ensure your gift is delivered on the day you requested. Taxes are based on prevailing rates in the delivery area. You are responsible for all applicable taxes.

In most areas of the United States and Canada, orders placed as late as 2:00 p.m. in the recipient's time zone can be delivered that day (earlier times may apply to some areas and at holidays). Saturday and Sunday deliveries are available in some areas for orders placed by 1:00 p.m. in the recipient's time zone.

For information on our Delivery Policy, see http://www.ftd.ca/delivery-policy/.

For information on our International Delivery service, see http://www.ftd.ca/catalog/international.epl

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Substitutions

Substitutions may be necessary to ensure your arrangement or specialty gift is delivered in a timely manner.  The utmost care and attention is given to your order to ensure that it is as similar as possible to the requested item.

Flowers

  • In arrangements of assorted flowers, the colors shown online will be used if at all possible, even if this means substituting other kinds of flowers of equal or greater value.
  • For one-of-a-kind flower arrangements, such as all roses or all lilies, we will make every attempt to match the flower type, but may substitute with another color.
  • If the floral container shown online is not available, a similar container will be used.

Plants

  • For green and blooming plants, similar plants may be substituted of equal or greater value.
  • For one-of-a-kind plants, such as orchids, we will make every attempt to match the plant type, but may substitute with another color.
  • If the plant container shown online is not available, a similar container will be used.

Specialty Gifts

  • Specialty gifts may be substituted with another specialty gift of equal or greater value and of similar theme and category.

The foregoing is subject to change, for a regular update on our Substitution Policy, please see http://www.ftd.ca/custserv/substitutions.epl

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Cancellation and Returns

Orders may be returned for replacement or refund.  You can also cancel your order at anytime prior to shipping.  However, if your gift is en route or delivered, the order cannot be cancelled.

For information on our Cancellation and Returns Policy, see http://www.ftd.ca/custserv/cancellation.epl.

To fill a Cancellation Form see http://www.ftd.ca/cancel.epl.

Please read our Cancellation and Returns Policy before filling a Cancellation Form.

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Pricing and Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to error in pricing or typographical error, FTD shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.  We shall have the right to refuse or cancel any such orders even if the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

For information on our Service/Shipping Fees, see http://www.ftd.ca/custserv/delivery_specialty.epl?subtype=#shipping

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Warranties

FTD guarantees the delivery of fresh, beautiful floral arrangements and plants that will last for at least seven (7) days. If you are not satisfied with the freshness of your flowers, contact FTD within that time and we will replace your item or refund your money.

NOTWITHSTANDING THE FOREGOING, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FTD ON AN "AS IS" AND "AS AVAILABLE" BASIS.  FTD MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE SITE OR THE SITE CONTENT.

FTD DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

BY USING OR ATTEMPTING TO USE THE SITE, THE USER EXPRESSLY ACKNOWLEDGES THAT FTD MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

AS A SERVICE TO USERS OF THE SITE FTD INCLUDES LINKS TO EXTERNAL SITES OVER WHICH FTD HAS NO CONTROL. FTD PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH EXTERNAL SITES.  YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST FTD WITH RESPECT TO THESE SITES.

The laws of certain jurisdictions do not allow limitations on implied warranties.  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.

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Special Warnings and Hazards

NOT FIT FOR CONSUMPTION: Flowers and plants are not for consumption.  Please keep them out of reach of children or animals

CHOKING HAZARD: Children under 12 years can choke or suffocate on uninflated or broken balloons.  Adult supervisions required.  Keep uninflated balloons away from children.  Discard broken balloons at once.

CHOKING HAZARD: Small parts not for children under 3 years.

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Limitation of Liability

IN NO EVENT SHALL FTD AND (AS APPLICABLE) FTD’S PARENT, SUBSIDIARIES, AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL, FOR THE USE OF THE SITE, SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, BUSINESS INTERRUPTIONS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF FTD IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, the foregoing limitations on liability may not apply to you.

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Indemnity

YOU AGREE TO INDEMNIFY AND HOLD FTD AND (AS APPLICABLE) FTD’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE RULES, POLICIES OR PROCEDURES IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

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Termination and Changes to Terms of Agreement

We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and without notice.  We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time and without notice.  Your continued use of this Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and FTD shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.  Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

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Choice of Law and Dispute Resolution

This Agreement shall in all respects be interpreted and construed with and by the laws of the state of Illinois in the United States.

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Downers Grove, Illinois, except that to the extent you have in any manner violated or threatened to violate FTD’s intellectual property rights, FTD may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois.  You consent to give exclusive jurisdiction and venue in these courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.

In some jurisdictions, the choice of law as regards dispute resolution in consumer contracts is not permitted.  In such jurisdictions, the stipulations respecting choice of law and dispute resolution may not apply to you.

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Severability

If any provision of this Agreement is held unenforceable, this provision shall be deemed severable if it cannot be modified to reflect the parties’ intension and the remaining provisions of this Agreement shall remain in full force and effect.

Our Address

For any information about our products or services, or for any complaints, you may contact us at the following address:

FTD.CA
3113 Woodcreek Drive
Downers Grove, IL
60515
USA

You may call us at 1-800-794-6FTD (1-800-794-6383).

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