Terms and conditions
The following is the terms of the agreement between Flowers Vibe Inc. (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Website: flowersvibe.com (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site.
This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract.
Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. USE OF FLOWERSVIBE.COM SITE
By registering to purchase merchandise on our website you are representing that you are:
a) at least 18 years old,
b) the credit card used for purchases is valid and you have full authority to use it to submit an order through this website.
3. SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
4. REFUND POLICY
FlowersVibe.com buys the finest flowers and gifts from around the world and is committed to delivering only the freshest and highest quality cut flowers and gifts to our customers. Every item on every order is inspected for quality and custom-packed for shipping. We ship with cool packs (when conditions require cooling) to insure your flowers and gifts will arrive in perfect condition.
We are absolutely committed to total customer satisfaction from the moment you enter our web site. There are many factors beyond our control that may affect the total order process, delivery, and condition of your flowers and gifts. But if for any reason you are not satisfied with your buying experience or the flowers and gifts we deliver, we will correct the issue, refund your money, or re-ship your order. If you are not satisfied with the quality or condition of any items received, contact FlowersVibe.com within 24 hours of receipt and provide clear photographic images of all unsatisfactory products via email with our support team. Click here to submit refund request
At its discretion, FlowersVibe.com will provide flower care instruction, issue a refund or ship replacement product. FlowersVibe.com may require a return of the product before any refund is issued.
All requests for refunds or re-shipments must be made within 24 hours of receipt of your order, and must include photos of all product(s) for which the request is being made.
This Section 4 sets forth Buyer’s sole and exclusive right to refund.
5. BOUQUETS, GIFTS and CHOCOLATE ORDERS PLACEMENT
All Bouquets and Gifts Orders placed before 2:00PM (ET) Monday-Friday can be delivered as soon as the next day, based on the Shipping & Delivery Terms - check here. Orders placed after 2PM (ET) Friday through Sunday can be delivered as soon as the following Tuesday.
6. AREAS SERVED
Flowers and Gifts - New York City and Long Island (Nassau & Suffolk Counties) ONLY at this time.
7. RESTRICTED ACCESS
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website at our discretion.
If we provide you with a username and password to enable you to access restricted areas of our website or other content or services, you must ensure that that username and password is kept confidential.
We may disable your account in our sole discretion with notice and explanation.
8. USER GENERATED CONTENT
In these terms and conditions, “your user content” means material (including without limitation text, images, video materials) that you submit to our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
10. EDITING, DELETING AND MODIFICATION
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
11. RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.
Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FLOWERSVIBE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLOWERSVIBE SERVICES ARE PROVIDED BY FLOWERSVIBE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLOWERSVIBE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FLOWERSVIBE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLOWERSVIBE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FLOWERSVIBE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLOWERSVIBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLOWERSVIBE DOES NOT WARRANT THAT THE FLOWERSVIBE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLOWERSVIBE SERVICES, FLOWERSVIBE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FLOWERSVIBE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLOWERSVIBE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FLOWERSVIBE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FLOWERSVIBE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. LIMITED WARRANTIES
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
16. SHIPPING AND DELIVERIES
Customer is required to double check the shipping information of their order. Flowers Vibe Inc. respectfully - FlowersVibe.com is not responsible for flowers, gifts and/or chocolates delivered to an incorrect address supplied by the sender decreased flower, gifts and/or chocolates quality due to an incorrect delivery address supplied by the customer, or a re-route requested by the customer. By purchasing a product from Flowers Vibe Inc. you are acknowledging that the requested delivery dates are non-binding estimates only and that you have no claim against Flowers Vibe Inc. for any delays or early deliveries. We reserve the right to make partial deliveries. FEDEX, USPS and/or UPS does not telephone prior to delivering packages and exact time of delivery cannot be guaranteed. You must be present the day of the delivery since a signature is required. Keep in mind that due to bad weather or mechanical problems FEDEX, USPS and/or UPS might deliver your flowers, gifts and/or chocolates one day after the requested delivery date. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. Flowers Vibe Inc. will not be responsible for unsuccessful deliveries arising from the recipient not being present at the address supplied by the customer. Quality problems caused by improper handling by the recipient won't be covered by our guarantee nor refund would be issue for the affected order.
17. ORDER CANCELLATIONS
Order cancellations will be accepted until 8PM EST prior to the shipping date for the order. If the cancelation request is submitted after the above minimum cancelation times Flowers Vibe Inc. will charge a 15% cancellation fee. Flowers Vibe Inc. does not allow orders to be edited or cancelled after acceptance seven (7) days prior to Thanksgiving, Christmas, Valentine's Day, Father's Day or Mother's Day (because of our extremely high volume of orders during these times). NO exceptions to Flowers Vibe Inc. cancellation policy. Any cancellation request must be notified via email. No cancellations are accepted over the phone. In the event you cancel an order outside of the specified terms, keep in mind that the refund will be for the original order amount minus the 15% cancellation fee.
18. PAYMENT OPTIONS
Terms of payment are within Flowers Vibe Inc. sole discretion. Payments on invoices are due immediately, unless prior arrangements have been made. We may invoice parts of an order separately. We accept: Visa, MasterCard, Discover, American Express and Diners Club credit cards.
We reserve the right to charge your credit card for a full deposit at the time the order is placed with us. Credit card orders shipped to a location other than your billing address may require additional verification.
19. CREDIT CARD CHARGEBACK POLICY
We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the users accounts, card authentication and user account history. Engaging in activities aimed at reversing a legitimate charge is illegal. You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.
20. ACCURACY OF INFORMATION
Our goal on flowersvibe.com is to be as accurate as possible. However, Flowers Vibe Inc. cannot and does not warrant that the product descriptions, pictures, prices, stock quantity, or any other content on the website is complete, current, or error free. In the event that a product is listed with a typographical error, incorrect price, or incorrect information due to an error, we reserve the right to refuse or cancel any orders placed for products listed with the incorrect information. We will contact you if such mistake is discovered to discuss the available options and/or issue credits for any credit card charges already completed.
We reserve the right to change the availability, minimum order quantity, and pricing of our products, without prior notice, at any time.
Due to the nature of our business, products may vary slightly due to availability, product variety, changing crops, market conditions, weather, local traditions, craftsmanship, and Mother Nature. We cannot and do not take responsibility for these variations.
Please note that due to varying monitor settings, product colors may not be accurately displaying on your computer.
21. PRICING AND AVAILABILITY
We will make every attempt to ensure that our orders are delivered as ordered; however, due to the nature of our business
a.) Our prices are subject to availability and can change on a daily basis without notice,
b.) Our quotes are estimates and are also subject to availability, price changes, and can change on a daily basis without notice,
Any order is subject to cancellation if the materials ordered are lost or damaged due to flood, drought, fire, frost, hail, contamination, errors in the inventory or count or any other cause or act of God beyond our control. Any discount appearing on an invoice or acknowledgement is discretionary and shall never be deemed as constituting a continuing discount. All prices are in U.S. funds. Shipping charges or boxing costs, where incurred, are invoiced at our cost. Buyer assumes all shipping expenses. Buyer accepts full risk of any losses during shipment.
22. USE OF INFORMATION
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyers use of the Site and all information provided by Buyer, subject to applicable law.
Any dispute or claim relating in any way to your use of any FlowersVibe.com Service, or to any products or services sold or distributed by Flowers Vibe Inc. or through FlowersVibe.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
24. GOVERNING LAW
By using any Flowers Vibe Inc. Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Flowers Vibe Inc.
25. OUR ADDRESS
Flowers Vibe Inc.
405 RXR Plaza, Suite 405
Uniondale NY 11556
26. SITE POLICIES, MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
27. ENTIRE AGREEMENT
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the "I Agree" button below. If you do not agree to the terms of the Subscriber Agreement, please click the “I Don’t Agree” button to log off the system.
If you don’t click on “I Agree” then you will not be able to purchase any goods or services.