Terms and Conditions
TERMS AND CONDITIONS
• In using this website you are deemed to have read and agreed to the following terms and conditions: the following terminology applies to these Terms and Conditions and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing U.S. Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
• We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Government has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
• Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and ] if legally required to do so to the appropriate authorities. All clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
• We are committed to protecting your privacy. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
• We use IP addresses/cookies to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses/cookies are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
• This site has security measures in place to protect the loss, misuse and alteration of the information under our control.
• All user credit card information is securely communicated using secure socket layer (SSL) encryption software, which is the industry standard and among the best software available for secure commerce transactions.
• All user information stored on our server is stored in an encrypted format. Notwithstanding these efforts, we caution you that perfect security does not exist on the Internet.
LINKS TO THIS WEBSITE
• You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out on this terms and conditions will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
• We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
• Copyright and other relevant intellectual property rights exists on all content of this website.
• PLEASE NOTE: Based on the amount of orders, our arrangements may take up to 24 hours to produce during weekdays, and no orders are processed during weekends.
• IMPORTANT: If you wish to have the arrangement delivered a specific day, please use the note box on the Checkout page to give us the details of the day you need it. Extra charge may apply.
• SHIPPING: We use USPS carrier.
• P.O. BOXES: we are unable to deliver flowers to a P.O. Box or an A.P.O address.
• Due to the nature, seasonality, and regional availability of flowers, it is occasionally necessary to make substitutions of equal or greater value. We will make every effort to maintain the "look and feel" of the arrangement by considering the overall shape, style, and color combinations. We reserve the right to change all or some of the contents or packaging with an item of equal or greater value without notice.
• You must agree that any messages posted by you on your card or sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable. You are entirely responsible for any text or other material which you post or send on this message system and Eternally Flowers is not liable for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to the relevant services at any time and without liability to you in the event of any such objectionable message.
• Because every single arrangement is custom made, we stand by the quality of our product. Eternally Flowers does not accept returns. Should you have any problems with your order, please send us an email at email@example.com within 24 hours of receiving your order. We will do our best to resolve any complaints quickly and to our mutual satisfaction.
• We accept order cancellation up to 1 hour after an order was placed on our website.
• We are unable to cancel or change orders already in process, in route, or that have already been delivered.
• To cancel or change an order, please call (786) 484 4951 or contact us.
NOTIFICATION OF CHANGES
• The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis.
• You will be able to access most areas of this Website without registering your details with us.
• While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time.
• Eternally Flowers has taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, colors of our flowers may vary from that shown.
• While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.
• It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United States, you do so at your own risk.
The laws of United States govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.