TERMS OF USE
This Website is operated by American Preserved Flowers, LLC.
Your use of this Website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the americanpreservedflowers.com Website constitutes your agreement to follow these rules and to be bound by them. By placing an order with American Preserved Flowers, either through our Website, over the phone, or by any other channel, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the americanpreservedflowers.com Website.
LICENSE TO USE WEBSITE
The Americanpreservedflowers.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving American Preserved Flowers goods and services and/or to otherwise transact business with or contact American Preserved Flowers, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with American Preserved Flowers.
Unless otherwise stated, American Preserved Flowers and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from the website;
- Show any material from the website in public;
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- Edit or otherwise modify any material on the website; or
- Redistribute material from this website, except for content specifically and expressly made available for redistribution.
ACCEPTABLE USE
You must NOT use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must NOT use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
You must NOT conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without American Preserved Flowers express written consent.
You must NOT use this website to transmit or send unsolicited commercial communications.
You must NOT use this website for any purposes related to marketing without American Preserved Flowers express written consent.
COPYRIGHT
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to American Preserved Flowers 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 American Preserved Flowers the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of American Preserved Flowers using the images you supply.
For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for American Preserved Flowers to reproduce the images has been obtained.
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 American preserved flowers or a third party (in each case under any applicable law).
Notwithstanding American Preserved Flowers rights under these terms and conditions in relation to user content, American Preserved Flowers does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
WARRANTY
American Preserved Flowers warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
LIMITATIONS OF LIABILITY
American Preserved Flowers will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
DISCLAIMER
This Website and all contents of this Website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that American Preserved Flowers shall not be liable for any damages of any kind related to your use of this Website.
OTHER PARTIES
You accept that, as a limited liability entity, American Preserved Flowers has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against American Preserved Flowers officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect American Preserved Flowers officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as American Preserved Flowers.
INDEMNITY
You hereby indemnify American Preserved Flowers and undertake to keep American Preserved Flowers indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by American Preserved Flowers to a third party in settlement of a claim or dispute on the advice of American Preserved Flowers legal advisers) incurred or suffered by American Preserved Flowers arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions].
VARIATION
American Preserved Flowers may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ONLINE ORDERS
Confirmation of Order
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 may require additional verifications or information.
We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.
AVAILABILITY OF PRODUCTS
If we have difficulties to fulfil your order we will contact you and discuss suitable alternatives.
PRICING INFORMATION
American Preserved Flowers cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the American Preserved Flowers website. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from American Preserved Flowers. We may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Prices are subject to change without advance notice.
The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. For international cards used on the site, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument
Additional shipping and other charges may apply for orders into U.S. territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.
PROMOTIONAL CODES
From time to time we may offer promotional codes or products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date. A special offer or promotional code cannot be used in conjunction with any other special offer or promotional code. In the event that a customer has made a purchase and the price of a product falls or is discounted due to a special offer or promotional code, the price of the product at the time of purchase shall ‘prevail’. American Preserved Flowers is unable to offer special offer discounts or apply promotional codes for purchases that have already been made. As our special offers are often made available due to the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. We also reserve the right to offer personalized special offers and promotions which will only be redeemable by the customer in receipt of the special offer.
PAYMENT
To place an order you will need to complete the transaction on the website www.americanpreservedflowers.com After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section. In this section you will be asked for delivery and billing address, and other contact information as well as payment related information. Once the payment transaction has been successfully completed, your order will only be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same.
A full list of payment options, including credit and debit card and PayPal is available at the time of Check Out
CANCELLATION
Orders cannot be cancelled once American Preserved Flowers has begun processing the order. In order to promptly deliver our arrangements as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. However, should you wish to change or cancel your order, you are welcome to call us to check whether the processing of an order has commenced, and if it has not we may be able to accommodate your request to cancel and will do our best to meet your needs. Any changes to or cancellation of an order can only be made with American Preserved Flowers prior written approval and additional charges may apply. Any agreement by American Preserved Flowers to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by American Preserved Flowers to that point, and you agree that such amounts may be deducted from any payments previously made to American Preserved Flowers. During routine website maintenance, any pricing issues may not be honored and orders may be cancelled and refunded when improper rates are applied.
Accordingly, we encourage you to carefully check your order before submitting it.
DELIVERY
Delivery will be deemed to have taken place at the time American Preserved Flowers places an order in the possession of any carrier service (UPS, USPS, or Fedex) for customer delivery. American Preserved Flowers is not responsible for lost, stolen or damaged goods once an order leaves our possession.
Since the transactions are authorised by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order.
If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.
Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations.