
The
following rules ("Terms and Conditions") govern the use of the Web
site located at, or linked to, the URL's www.premiumblooms.com, and the ability to order
products and receive newsletters and promotional emails, and links
(collectively, the "Sites"). Please read the following Terms and
Conditions carefully.
By using the Site, you understand and agree to be legally bound by these Terms
and Conditions and to follow these Terms and Conditions and all applicable laws
and regulations governing our Sites. The Terms and Conditions shall supersede
any subsequent terms or conditions included with any purchase order, whether or
not such terms or conditions are signed by Space Floral LLC, Inc. (“Space
Floral LLC,” “we” or “us”). We reserve the right to change these Terms and
Conditions at any time, effective immediately upon posting on our Sites.
Copyrights and Trademarks of Space Floral LLC.
Our Site is owned and operated by us. Unless otherwise specified, all materials
appearing on our Site, including the text, site design, graphics, logos, icons
and images, as well as the selection, assembly and arrangement thereof, are the
sole property of Space Floral LLC, Inc., ALL RIGHTS RESERVED. All audio and
video clips are the sole property of Space Floral LLC or our respective content
providers. The content and software on our Sites is the property of Space
Floral LLC and/or its suppliers and is protected by U.S. and international
copyright laws. You may view, download, print and retain a copy of pages of our
Site only for your own personal use. Except as expressly provided above, you
may not use, download, upload, copy, print, display, perform, reproduce,
republish, license, post, transmit or distribute any information from our Site
in whole or in part without our prior written permission. If you wish to obtain
permission to reprint or reproduce any materials appearing on our Site you may
contact us at info@spfloral.com.
All rights not expressly granted herein are reserved.
We post legal notices and various credits on pages of our Site. If you
duplicate, publish or otherwise distribute material on our Site, you may not
remove these notices or credits or any additional information accompanying such
notices and credits.
The following is a list of trade names,
registrations and service marks owned by Space Floral LLC:
Space Floral LLC™, spfloral.com ™, premiumblooms.com™
The absence of a trademark, trade name and service mark from the above list
does not constitute a waiver of our intellectual property rights concerning
that trademark, trade name or service mark. All custom graphics, icons, logos
and service names are trade names, trademarks or service marks of Space Floral
LLC. All other trade names, trademarks or service marks are property of their
respective owners. The use of any of our trade name, trademark or service mark
without our express written consent is strictly prohibited. In order to
maintain the value of these marks, it is important that they are used
correctly. If you have any questions, you may contact us at info@spfloral.com.
Accounts
You agree that you will not misuse or abuse account access and passwords. You
agree that you will use only your password and that you will take all
reasonable precautions to protect its secrecy.
Typographical Errors
In the event a product (including, but not limited to, flowers and floral
arrangements) is listed at an incorrect price or with incorrect information due
to typographical error or error in pricing or product information received from
our suppliers, we 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 whether or not 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 canceled, we shall immediately issue a credit to
your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of
our offer to sell. We reserve the right at any time after receipt of your order
to accept or decline your order for any reason. We reserve the right at any
time after receipt of your order, without prior notice to you, to supply less
than the quantity you ordered of any item. We may require additional
verifications or information before accepting any order.
Sales Taxes
We shall automatically charge and withhold the applicable sales tax for orders
to be delivered to addresses within Florida. Each customer shall be solely
responsible for all sales taxes, or other taxes, on orders shipped to any other
state. Notwithstanding the foregoing, sales tax will not be applicable with
respect to orders shipped to those customers with a valid resale certificate
for sales tax.
Links and Search Results
Our Site may link to other sites operated by third parties. We have no control
over other sites or their content and cannot guarantee, represent or warrant
that the content of these sites is accurate, legal and/or inoffensive. We do
not endorse the content of other sites, and cannot warrant that these sites do
not contain viruses or other features that may adversely affect your computer.
By using our Site to search for or link to another third party site, you agree
and understand that you may not make any claim against us for any damages or
losses resulting from your use of our Site to obtain search results and/or to
link to a third party site. However, if you have a problem with a link from our
Site, please notify us at help@spfloral.com. We will investigate the link
and take appropriate action.
Violation of the Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and
without prior notice, may terminate your access to our Site and to any services
offered on our Site, and may remove any content on our Site you have provided
(“User Content”) if we believe that the User Content violates or is
inconsistent with these Terms and Conditions or their intent, that your conduct
is disruptive, or you have violated the law or the rights of Space Floral LLC
or another user.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our Site and your purchase of products or
services through our Site. We may, in our sole discretion, report actual or
perceived violations of law to law enforcement or appropriate authorities. If
we become aware, through a complaint or otherwise, of any potential or
suspected violation of these Terms and Conditions or our privacy policy
(“Privacy Policy”), we may (but are not obligated to) conduct an investigation
to determine the nature and extent of the suspected violation and the
appropriate enforcement action, during which investigation we may suspend
services to any customer being investigated and/or remove any material from our
servers. You agree to cooperate fully with any such investigation. You
acknowledge that violations of the Terms and Conditions or the Privacy Policy
could be subject to criminal or civil penalties.
Export
The United States export control laws regulate the export and re-export of
technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to certain
foreign nationals. You agree to abide by these laws and their regulations.
Privacy
We respect and make efforts to protect the privacy of all users of our Sites.
Our current Privacy Policy available at http://www.premiumblooms.com/privacy-policy. is
incorporated herein by reference and made a part of the Terms and Conditions.
Feedback
We welcome all comments, feedback, information, or materials (“Feedback”),
which you submit to us by email or otherwise through or in conjunction with any
one of our Sites. Please note that Feedback shall be considered
non-confidential and become the property of Space Floral LLC. By submitting
Feedback to us, you agree to a no charge assignment to us of all right, title
and interest in copyrights and other intellectual property rights on a
worldwide basis to the Feedback. We shall be free to use Feedback on an
unrestricted basis.
Restrictions
You must be 18 years or older and have a valid credit card, with full authority
to use it, to submit an order through our Site. You agree not to use our Site
or any content contained in it for any illegal or inappropriate activities.
Quality Guaranteed
Space Floral LLC arrangements are produced each day using the freshest flowers
available. Recipes may change slightly to reflect the day’s fresh harvest. If
any flower is unavailable, Space Floral LLC reserves the right to replace it
with one of equal or greater value. While substitutions may occur, the overall
integrity of design and quality will remain the same.
Shipping and Delivery
Space Floral LLC, in conjunction with our service providers, will attempt to
deliver a product on the requested day. Our service providers do not telephone
prior to delivering packages, and we cannot guarantee the time of delivery.
Space Floral LLC is not responsible for:
•
Deliveries of any product ordered from Space Floral LLC to incorrect addresses
supplied by the sender.
• Unsuccessful deliveries arising from the recipient not being present at time
of delivery at the address supplied by the sender.
• Decreased product quality due to an incorrect delivery address supplied by
the sender, or a re-route requested by the sender.
• Product quality problems caused by improper handling by the recipient.
‘Shipping charges included’ offers are valid only on weekday deliveries to
addresses within the Continental United States.
Orders
Space Floral LLC does not allow orders to be edited or cancelled within
forty-eight (48) hours of the requested delivery date.
Special offers, coupons, or discounts cannot be used in conjunction with other
offers. Limit one promotion per order.
GUARANTEE AND DISCLAIMERS
WHEN HANDLED AND PROCESSED ACCORDING TO OUR CORRECT HANDLING DIRECTIONS, SPACE
FLORAL LLC GUARANTEES THAT (A) ITS FLOWERS ORDERED ON THE www.premiumblooms.com,
SITE WILL BE FRESH FOR AT LEAST SEVEN (7) DAYS AFTER DELIVERY.
WITH RESPECT TO OUR GUARANTEE, OUR SOLE MAXIMUM LIABILITY WILL NOT BE MORE THAN
TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT
ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. THE APPLICABLE GUARANTEE
MUST BE BROUGHT WITHIN TWO (2) DAYS AFTER DELIVERY OR WE SHALL NOT BE LIABLE
AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT
ITEMS.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION
AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITE MAY BE OUT OF DATE OR
INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS
THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT PROMISE THAT OUR
SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED,
OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON THEM WILL PROVIDE
ANY SPECIFIC RESULTS.
EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS,
GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
PRODUCTS SOLD ON OUR SITES, OUR SITE AND OUR SITES’ USE, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. You may have other rights which vary from
jurisdiction to jurisdiction.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, SPACE FLORAL LLC, ITS
DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR
DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITE.
YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES
FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR
ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE,
EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH
DAMAGES.
Because some states/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation may not
apply to you.
Applicable Law
You agree that any legal action brought against us shall be governed by the
laws of the State of Florida, without regard to conflict of law principles. You
agree that the sole jurisdiction and venue for any litigation arising from your
use of or orders made on our Site shall be an appropriate federal or state
court located in Dade County, Florida. We make no representations that the
content in our Site is appropriate for access outside the United States. Those
who choose to access our Site from outside the United States do so on their own
initiative and are responsible for compliance with local laws. If any provision
within the Terms and Conditions is held to be invalid or unenforceable, such
provision shall be struck and all remaining provisions shall be enforced.
Indemnity
By using our Site, you agree to indemnify and hold Space Floral LLC, its
subsidiaries, affiliates, officers, agents and other partners and employees,
harmless from any loss, liability, claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your use of
such Site, including providing a link to another site or any User Content.
Severability
If any provision of the Terms and Conditions is held to be invalid,
void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect. Headings
Section titles in the Terms and Conditions are for convenience and
do not define, limit, or extend any provision of the Terms and
Conditions.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us by sending an e-mail to info@spfloral.com or by calling at 1-305-805-0827.
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