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TERMS & CONDITIONS OF SERVICE

 

www.florasoath.com ("Site") owned by Round Tree LLC. Your use of any service is conditional on your acceptance of the terms of service of use set forth below (this "Terms of Service").

 

This Terms of Service is entered into between Round Tree LLC. If you are using the Services on behalf of another person, you represent that you are authorized to accept this Terms of Service on that person's behalf. Unless explicitly stated otherwise, this Terms of Service will govern your use of any new features that augment or enhance the current services, including the release of new products or services.

 

*If you do not agree to this Terms of Service, you should not use this Site or place orders on this Site.

Definitions: In addition to the terms defined throughout this Terms of Service, the terms "you", "your" and "yours" refer to you, the Customer using this Site to order flowers or the person to whom the flowers are delivered upon request of a customer. The terms "we", "us" and "our" refer to Round Tree LLC.

 

Changes to Terms of Service: We reserve the right, at any time, to modify, add to, delete from, alter, or update this Terms of Service ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review this Terms of Service posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by this Terms of Service as changed.

 

Services: You can use this Site to order flowers from us which we will deliver to the address specified by you. It is your sole responsibility to meet all payrolls, tax and legal requirements for the use of this Site and you agree not to hold us responsible for the same.

 

Product Guarantee: Flora oath stands 100 % behind every product sold. If for any reason you receive a product damaged or the product you receive is not the one you ordered (subject to our substitution rules) we will make every effort to replace item before event date. If the item is not available for reshipping and our claim process is followed we will refund items paid cost. Shipping Costs if applicable will (not) be refundable if claim is accepted.

 

Caring Instructions: Basic care instructions are available on our site and sent via email with your tracking information for your convenience, However customer must be knowledgeable on flower care. Term is not liable for product mishandling / maltreatment by customer and can’t guarantee product performance or vase life in anyway.

 

Substitution: At Round Tree LLC we truly understand how important every order you place with us is and as such we always do our very best to ensure that you receive exactly what you have in mind. However there are times when Mother Nature does not cooperate and a substitution may be necessary to ensure timely delivery of your order.

 

If a substitution is required we will make every effort to contact you and inform you before delivery, However, in the course of packing your order, inspecting each flower and making sure all looks perfect this may not be possible and we may go ahead a with a substitution without notifying you in order to prevent any delays.

 

In the case of a substitution we guarantee to always substitute flower of equal or higher value and of same color ordered.

 

* If you wish you can select a back-up flower when placing your order in the shopping carts flower comment box to help guide us should your chosen flower not be available at time of shipping. Or write “no sub” and we will remove from order and refund flower amount.

 

Placing Online Order: Customer fully agrees and understands that order was placed by them and was reviewed by them for any errors before submitting. Round Tree LLC will not be responsible for any mistake done by customer when placing order on flowers, colors, delivery address or delivery date. It is the sole responsibility of the customer to check before submitting and to review their order confirmation once received via email.

 

Claims/Refund Policy Procedure: Once your order has been received you should check for accuracy or damage of your products. If products are not as requested or if there is any damage you should contact us via e-mail immediately once order is checked or within (4) hours of your order arrival with pictures showing damage (NO EXCEPTIONS) .

 

All claims must be done in writing. "Only" calls or claims of calling our office will not be accepted.

 

Our claim procedure must be followed for us to consider any type of product replacement or refund. Our email address is: florasoathwan@gmail.com

 

·Order Number

·Delivery Date and Time

Customer Name (as provided in order shipping information)

·Full description of claim / Amounts etc.

·Digital Photos required (If claim is to report damaged flowers pictures showing all stems/bunches must be sent via email with your claim, Pictures of one bloom or stem when claiming a whole bunch will not be accepted and claim will not be honored.

 

When we receive your email, our Customer Service will issue a claim number via email. This claim number is very important for any type of refund and must be available when requested. If you do not have a claim number no refund will be issued.

 

Please do not dispose of or destroy your product if it is damaged or incorrect. We reserve the right to request product return to us for quality inspection at our expense. If we request a product return and you do not comply, you automatically forfeit any and all of your rights to credits or chargeback.

 

We will only be responsible to credit the amount of damaged or undelivered products only and will not be held liable for any other type of inconveniences or troubles that could arouse from your claim. We will not be held responsible for any replacement of flowers or cost of having them replaced locally. Refunds once approved in writing will be processed within 15-business days. This term is not responsible for any fees charged for refund by credit card company or processor.

 

Please follow the claims procedure for any claim you may have. If our claim procedure is not followed as requested and you make a claim resulting in an open balance, the claim will be treated as an unauthorized claim.

 

In the case of any unauthorized claim resulting in a charge back, a 25% collection fee will be added to amount due and your account will be turn over to collection agency.

 

Cancellation / Order Changes: A twenty percent (20%) service charge will apply to all cancellations after an order has been submitted through our website or online (third party engine). Orders once placed are billed and sent directly to our growers for reserving requested items so fee must be collected. Cancellations will only be accepted no later than (7) business days before the original delivery day. The term is not responsible for any fees charged for refund by credit card company or processor.

 

After an order has been processed online, all changes must be submitted in writing via email to florasoathwan@gmail.com. If ordering more flowers/items we will send you a pay pal invoice for difference. If changes or cancellations of any item on order a fee of 20% will be charged for items removed or changed if less then original items. If removal of any item makes order total go below $200.00 free shipping mark shipping charges will apply.

 

Add-ons / changes can only be made 7-business days before requested delivery date.

 

When changes are made to an order a confirmation email to the e-mail provided by you will be sent within forty eight (48) hours with the correct adjustments. It is your responsibility to check their e-mail to assure that proper changes have been made to the order.

 

Shipping / Delivery: This term delivers within the continental USA and Alaska -Only-. All flower orders are shipped via Federal Express, Ontrac, UPS or DHL. (Or carrier of our choice) When selecting your delivery date please keep in mind that carriers sometimes encounter delays of 24-48 hours due to acts beyond their control (usually weather). For this reason we ask you to please schedule your delivery 2-3 business days before needed date (not event date). All our products are packaged to hold well while in transit for 48-72 hours. We are not responsible for any type of carrier delays it is the customer’s responsibility to set delivery date as recommended and will not be responsible in refunding customer for such delays for product or shipping charges. Carrier caused damages also need to be reported to us for us to file claim with carrier as quickly as possible.

Important Delivery Information: Please make sure someone is available to receive flowers on your requested delivery date signature in many cases is required and carrier will not leave order, depending on grower some orders will not need signature and carrier may leave box without signature . An e-mail with customers tracking information will be sent the night before requested delivery date it is the customer’s responsibility to track shipment on carrier’s website or contact carrier for time frame for delivery. This term will not be responsible for damage caused to flowers if flowers are not delivered due to customer not being available or if flowers are delivered and customer leaves box unattended.

 

Prohibited Uses: This Site is intended for the lawful use of members of the general public. You may not, nor may you allow others to, directly or indirectly: sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the contents of this Site in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the contents of this Site for any public or commercial purpose, including without limitation use of the contents of this Site on any other website or in any environment of networked computers;

 

·transfer the contents of this Site to any other person without our prior written explicit consent;

·use this Site in any manner that could damage, disable, overburden or impair this Site;

·upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;

·interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;

·infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;

·disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;

·use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;

·use or attempt to use another's account, password, service, system or other information without our prior written, or create or use a false identity on this Site;

·transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;

·upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or

·attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

 

You also agree that you are solely responsible for actions undertaken in the course of your use of this Site, and that you will comply with all laws that apply or may apply to your use of this Site.

 

Copyright and Trademarks: Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trademarks held or licensed by us. Any reproduction or use without our express prior written is not permitted.

 

Submission of Information: Although we may provide certain security in an effort to protect the electronic transmission of certain information that you submit to us through this Site, we do not guarantee the security of any information transmitted to Site. Except for personal information about you, any information you do send to us through this Site will be deemed NOT to be confidential.

 

Liability: All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Site is solely at your risk. In no event shall we be liable to you for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages how so ever caused. Our liability is limited to the actual cost of the product your order from this Site. We are not liable for any typographical error that may be present on any page of this Site.

 

Indemnity: You agree to defend, indemnify and hold harmless Round Tree LLC, its owner, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the services provided through this Site.

 

Choice of law: These Terms of Service shall be deemed to have been made and performed exclusively in Florida and shall be governed by and construed under the laws of State of Florida and the laws of USA applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Round Tree LLC. for any claim related hereto, arising from or in connection with this Terms of Service and agree not to bring any action, claim, suit or proceeding against Round Tree LLC or any officer, director, partner or employee thereof in any jurisdiction other than Round Tree LLC.

 

General: The Privacy Policy and you with respect to your use of this Site. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms of Service must be commenced within six months after the claim or cause of action arises., Copyright Policy and Online Payment Security Policy are a binding part of these Terms of Service and together with these Terms of Service constitute the entire agreement between Round Tree LLC.

 

Privacy policy

 

We have established this privacy policy so that you can understand how we intend to treat your personal information. We strive to comply with all applicable laws around the globe that are designed to protect your privacy.

 

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the without telling us who you are or revealing any personal information about yourself.

 

We use this information to:

 

·Process your order

·Improve and customize the content and layout of the site and other materials

·Notify you of updates to the site.

·Notify you of relevant products and services.

·Notify you of upcoming events and programs

 

Under no circumstances will we sell or receive payment for licensing or disclosing your personal information. We will not rent or sell your personally identifying information to other companies or individuals, unless we have your consent. We may share such information in any of the following limited circumstances:

 

•We have your consent.

 

•We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this privacy policy and appropriate confidentiality and security measures.

 

•We are required to do so by law

 

•We have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Round Tree LLC or the public.

 

While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.

 

By using this site, you consent to the terms of this privacy policy and our processing of personal information for the purposes given above as well as those explained where we collect personal information on the site. Should the privacy policy change, we will take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on the site for a reasonable period of time.

 

COPYRIGHT POLICY

 

Information contained on and provided through this Site is protected by copyright law as established in Title 17 of the U.S. Code. No individual or entity is permitted to copy, publish, or commercially use any information contained on or provided through this Site without the express written permission of American Floral Distributors Inc. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of its copyright. The use, reproduction, downloading, or distribution of protected materials may subject you to applicable penalties and damages under state and federal copyright laws

 

ONLINE PAYMENT SECURITY POLICY

 

When you make payments through this Site, you are using a secure server which encrypts all of your personal information. This makes it difficult, if not impossible, for a third party to access or use your personal information in an unauthorized manner.

 

Round Tree LLC has developed its service with security as a top priority. We use various technological methods to prevent access to information in our system and Secure Socket Layers ("SSL") to encrypt your personal information and protect it from disclosure, destruction, modification or use.

 

Credit Card and PayPal information that you provide when you make payments via this Site will only be used to process the transactions you request.·