terms of service
EVER AFTER FLORAL DESIGN SHOP TERMS OF SERVICE
Effective Date: JANUARY 1ST 2020
By accessing or purchasing any of EVER AFTER FLORAL DESIGN'S products (individually, “Product” or collectively, “Products”) from EVER AFTER FLORAL DESIGN (the “Company,” “we,” or “us”) on https://www.everafterfloraldesign.com/ you (The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site) and the Company agree to the following legal terms and conditions, without modification, and acknowledge reading them:
You agree to pay all required fees for delivery during the “checkout” process. It is upon your discretion that you select the correct delivery option for your location distance from EVER AFTER FLORAL DESIGN. The Company reserves the right to increase payment needed to fulfill order if you enter incorrect delivery information. Delivery is DROP OFF SERVICE ONLY. Someone must be present to receive and sign for Product(s). If someone is not present to receive and sign for Product(s), Product(s) will be forfeited and no refund will be issued. User agrees to one phone consultation to schedule delivery at https://www.everafterfloraldesign.com. All other communication, questions or concerns regarding your Product(s) and delivery are to be conducted via email at EVERAFTEREMAIL@GMAIL.COM A minimum of $200 must be met for delivery. All orders must be placed no later than two weeks in advance of requested delivery date. BLACK OUT DATES MAY APPLY.
You agree to provide one (1) color request and one (1) denied color. All other colors included in Product(s) are Designer’s Choice. ALL COLORS (even if requested) ARE NOT GUARANTEED AND SUBJECT TO AVAILABILITY. Product(s) may not be customized by User.
SUBJECT TO AVAILABILITY –
Clear Glass Vases, Flower Types & Flower Colors may be different than photographed. You agree that all Product(s) in shop are subject to availability and are Designer’s Choice. Product(s) may not be customized by User.
ACCOUNT CREATION –
In order to purchase the Product(s), you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide, including payment information, will always be accurate, correct and up to date.
OUR INTELLECTUAL PROPERTY –
You agree that the Product(s) and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Product(s) or the Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. Company grants you a limited, personal, non-exclusive, non-transferable license to access the Product(s) and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Product(s) and Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any of the Materials.
REFUND POLICY –
ALL SALES ARE FINAL. The Company has a strict NO REFUND POLICY. If you are dissatisfied with your Product(s) you may contact us directly at EVERAFTEREMAIL@GMAIL.COM. You MAY NOT write or post publicly dissatisfactory remarks regarding the Company’s Product(s). If you have made an order by mistake, please contact us within three days (72 hours) for a full refund.
CUSTOMER FEEDBACK –
You acknowledge that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Product related forums or otherwise, for the purposes of marketing or promoting the Product(s). If you are dissatisfied with your Product(s) you may contact us directly at EVERAFTEREMAIL@GMAIL.COM. You MAY NOT write or post publicly dissatisfactory remarks regarding the Company’s Product(s).
LAWFUL PURPOSES –
To access or use the Product(s), you must be at least 18 years old and have the requisite power and authority to enter into these Terms of Service. You may use the Product(s) for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Product(s). You shall not post or transmit through the Product(s) any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE –
We reserve the right to refuse access to the Product(s) to any person or entity, without the obligation to assign reason for doing so. If you violate these Terms of Service, we reserve the right to immediately remove you from the Program without providing a refund.
ERRORS, INACCURACIES, AND OMISSIONS –
Information provided about or in the Product(s) and Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.
By purchasing the Product(s), you accept, agree and understand that you are fully responsible for the condition of the Product(s), Materials and other goods. Neither EVER AFTER FLORAL DESIGN nor each of its respective affiliates, subsidiaries, officers, directors and employees shall be responsible for any losses or damages of any kind resulting from their respective non-fulfillment of any terms or conditions of Product(s) and Materials if such non-fulfillment results in whole or part from weather, wind, snow, rain, flood, earthquake, temperature, war, riot, strike, acts of terror, states of emergency, accidents, injury, illness or any other act or occurrence beyond its control.
LIMITATION OF LIABILITY –
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer ACTUALLY paid to the Company for the Product(s).
GOVERNING LAW; VENUE; DISPUTE RESOLUTION –
The Terms of Service shall be governed by the laws of the State of Florida and any disputes arising from it must be handled exclusively in Sunrise, Florida.
All other disputes or claims arising under or in any way related to these Terms of Service (and not regarding the collection of your unpaid fees by the Company) shall be submitted to neutral, non-binding mediation. The Parties to the dispute or claim agree to act in good faith, to participate in mediation, and to identify a mutually acceptable mediator in Charles County, Maryland. All Parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same. Following unsuccessful resolution through mediation, the matter shall be submitted to binding arbitration. The Parties shall select a single arbitrator, and the arbitration shall take place in Charles County, Maryland. The arbitrator’s decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing party in any arbitration, trial or other proceeding shall be awarded all filing fees, related administrative costs and reasonable attorneys’ fees.
ENTIRE AGREEMENT; WAIVER –
By submitting your order via the “Checkout” button on https://www.everafterfloraldesign.com and submitting payment you hereby agree to these Terms of Service which constitutes the entire agreement between you and the Company pertaining to the Product(s) and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
CHANGED TERMS –
We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service on this Program website at http://www.chanceycharmweddings.com. Any use of the Program by you after an amendment is made means you accept these amendments.
EFFECT OF HEADINGS –
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by user is invalid.
For any questions or concerns please reach out to us directly.
Ever After Floral Design