Terms & Conditions

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.  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™, premiumbrideblooms.com

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 out 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 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.

•          Space Floral, LLC is not liable for failure to perform the party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.

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 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-(877) 847-4181.

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