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Terms & Conditions

 

These Terms and Conditions of Sale apply to the purchase and sale of products through www.HighCountryRoses.com (referred to as the “website”).  By placing an order for products, you agree to be bound by and accept these terms and conditions.  These terms and conditions are subject to change by Colorado Blooming Gardens, LLC d/b/a High Country Roses (referred to as “HighCountryRoses.com”, “us” or “we”) without prior written notice at any time, in our sole discretion.   These terms and conditions are an integral part of the Terms of Use and Privacy Policy that apply generally to the use of our website. 

1. Intellectual Property Ownership and Use
All right, title and interest in this website is owned by us or is used by us with permission of the owner, including, but not limited to, all names, images, illustrations, designs, logos, icons, photographs, digital media, written and other materials that appear as part of our website along with all applicable copyright, trademark, trade dress and/or other intellectual property rights therein (“Content”). You are granted a non-exclusive, non-transferable, limited right known as a license to view this website and you obtain no other right in the Content. Any copying, reproduction, publishing, transferring, modification, creation of derivative works, distribution or other use of Content or any other aspect of this website is prohibited.

2. No Linking or Web Affiliates
We do not permit linking to our website by any third parties. We do not participate in or accept any web affiliate programs or marketing partners on our website. We do not sponsor, utilize or link to any social media sites. We do not utilize banner advertising, pop up advertising, any third party email, digital media solicitation firms or any other form of third party advertising.

3. Product Related Information
This website contains information about our business including, but not limited to, products, product availability, prices, packaging and shipping. We reserve the right to change any information about our business including, but not limited to, products, product availability, prices, packaging and shipping in our sole discretion by updating our website.

4. Inaccuracy Disclaimer
High Country Roses strives for its website and other materials to be accurate. However, from time to time, there may be information on our website or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. High Country Roses reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. No order is final until shipped and High Country Roses may cancel any order at any time prior to shipping.

5. Privacy and Customer Information

Use of this website is subject to our Privacy Policy. Read our Privacy Policy

6. Shipping and Product Availability

Use of this website is subject to our Shipping Policy. Read our Shipping Policy.

7. Secure Shopping
We have instituted measures including encryption to help safeguard your personal information.  Further, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions.  In order to most efficiently serve you, credit card transactions are handled by established third-party banking, and processing agents.  They receive the information directly from you or us as needed to verify and authorize your credit card or other payment information and to process and ship your order.  In order to do so, you will be required to set up an account in accordance with their procedures. For example, access by you to your account is available through a password and unique customer ID selected by you.  You need to carefully review any terms and conditions of any third party service providers before submitting any information as we are not responsible for their policies and procedures.  For business or commercial customers that provide account information directly to us, we will retain that information in accordance with our Privacy Policy and we will endeavor to have oversight on your account activity and will not drop ship or change ship to addresses without proper procedures.  Unfortunately, no system can be completely secure and there are security and privacy limitations of the Internet that are beyond our control. Therefore, although we take steps to secure your information, we do not guarantee or warrant the security of any information you transmit on or through our website and any information you transmit you do so at your own risk. 

8. Governing Law and Venue
This website is controlled by us from our offices within the State of Colorado, United States of America.  It can be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of the State of Colorado, by accessing this website both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this website and the purchase of products available through this website.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District court for Araphaoe County Colorado and the United States District Court for Colorado with respect to such matters.  We make no representation that the products available through our website are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products are illegal is prohibited.  Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

9. Entire Agreement
These Terms  of Use  and our Privacy Policy, constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of our website, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.  The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision.  These and Conditions of Sale may NOT be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with website is in conflict or inconsistent with these Terms and Conditions of Sale, these Terms and Conditions of Sale, our Terms of Use and Privacy Policy shall take precedence.  If for any reason any provision of these Terms and Conditions of Sale is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms and Conditions of Sale shall continue in full force and effect.