Terms of Use
The following terminology applies to these Terms and Conditions, the Privacy Statement and the Disclaimer Notice 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 Flower Explosion, which is the owner of this website www.flowerexplosion.com. “Party”, “parties”, or “both of 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 products, in accordance with and subject to, prevailing US 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.
Privacy Statement
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. We do not keep your personal financial information on our systems. We only keep whichever contact information you provide for future businesses purposes.
Any unauthorized action against our computer systems and data will be investigated and reported to authorities. Any and all legal actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible will be taken.
Confidentiality
Any information concerning the Client and their respective Client Records may be passed to third parties for collecting services. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our suppliers, PayPal, Authorize.net and, if legally required to do so, to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. If the recipient of products is a different individual or organization than the Client, Flower Explosion retains the right to disclose Client name and city provided on the order if requested by the recipient.
Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Flower Explosion, 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 Flower Explosion, will only be in connection with the provision of agreed services and products.
Disclaimer Exclusions and Limitations
The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Flower Explosion, of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of the client’s statutory rights as a consumer are affected.
Payment
All major Credit/Debit Cards and payment through PayPal are all acceptable methods of payment. Upon authorization, Cashier’s Checks and Wire Transfers may be accepted for registered clients who buy from Flower Explosion, on a regular basis. Our Terms are payment in full at the moment of purchase, which is also the date of invoice. All goods remain the property of Flower Explosion, until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the highest monthly APR interest rate on any credit card issued by Bank of America until the balance is paid in full and final settlement is reached.
Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. Flower Explosion, will not ship your goods until full payment has been made.
We reserve the right to seek recovery of any monies remaining unpaid 30 days from the date of invoice/purchase via collection agencies and/or through court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $30 charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement.
Termination of Agreement and Cancellation Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason. Minimum 15 days before delivery day notice of cancellation required. Flower Explosion, reserves the right of not processing an order cancellation if notified less than 15 days before delivery date. To cancel an order you must provide us your name, order number, address and last four digits of the credit card used if that was the case.
On all cancellations and order changes where Flower Explosion has to issue a refund, the amount to be refunded is subject to a 20% fee to cover any subsequent administrative expenses. Refunds will be issued within 48 hours of the cancellation confirmation on the same credit card or PayPal account used.
Changes to an order
If there is something you need to change you must contact us as at least 6 days prior the scheduled delivery date. Flower Explosion reserves the right to charge a $20 processing fee in order to change an order. We cannot guarantee on time delivery if changes were made to an existing order less than 6 days prior the scheduled delivery date.
No refund or store credit shall be offered if the order has already been shipped.
Shipping
Unless the client requests a different shipping method, Flower Explosion ships every product with FedEx. Our flowers are shipped directly from the fields to the address you provided. You can track the status of with the FedEx tracking number that you will receive as soon as the flowers have been shipped.
Flower Explosion will ship your product with enough time ahead for the flowers to arrive on time, but we will not be liable for FedEx delays, weather or otherwise. We will only issue a 100% refund if your order was shipped late due to The Company's fault and not as a result of a third party such as a Fedex delay of any kind including a Fedex weather delay. The guarantee does not apply to orders delivered only one business day later than requested. If possible, Flower Explosion may ship your order to arrive one day before the requested delivery date if any delay is anticipated. Flower Explosion is not responsible if a cargo gets lost, stolen or damaged once delivered
Refunds Policy
If you are not satisfied with the goods received, you must notify Flower Explosion verbally and send an email to support@flowerexplosion.com on the same day that the product was delivered and provide pictures of: the product showing the damage and the lateral labels of the each box. Upon approval, we may issue a refund for the full amount or the amount equivalent to the damaged products. Flower Explosion may propose a special offer or re-delivery to the client instead of the refund, but it is the client who has the right to choose whether the refund or the offer. All complaints must attach digital proof of the product such as pictures or video indicating all the flowers received. If Flower Explosion is not notified on the same day the product was delivered, a claim will not be accepted and no refund will be issued. A refund will be approved if: the product arrives considerably damaged. I understand Flower Explosion reserves the right to make changes and substitutions. All substitutions and changes are only done as a last resort, and only when the reasons for doing so are reasonable and genuine. For example, if a certain bloom is unavailable or the flowers are not in a condition to display at a wedding function, they are changed by Flower Explosion. Any substitutes will be the same level as your original order. Meaning we will not sub out alstroemerias for garden roses. The cost will be proportionate.
Under any circumstance, Flower Explosion will not issue refunds for any amount higher than the amount of the purchased goods. Flower Explosion, is not liable for the products after the delivery. It is the client’s responsibility to take care of the product properly.
Fresh-cut flowers are natural & perishable products, therefore their sizes and exact colors may vary depending on outside conditions. We try to provide the most accurate pictures and descriptions, but the customer understands that the colors and characteristics of the flowers delivered may differ at a reasonable extent to the pictures displayed on our website. Claims will not be accepted for slight differences on the shade of a flower.
In the event a product is ordered and later an identical upsell product is ordered at a discount, if one of the two products is damaged, not received or lost by the shipping carrier the refund will be in the amount of the discounted upsell product.
Pricing Errors Policy
In the event of a pricing error, we reserve the right to cancel any orders resulting from such pricing errors.
Gift Cards Policy
Gift cards may be used to pay for any product or offer on our website or over the phone. If a gift card has not been used in the system after 30 days of its date of purchase the client may ask a refund. However we will charge a 10% fee to cover processing costs. If a gift card has not been used in the system after 90 days of its date of purchase, the code on that gift card will be automatically disabled and there will be no refunds.
Availability
Unless otherwise stated, the products featured on this website are available within the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any information available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Flower Explosion. We do not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Cookies
Like most interactive web sites, Flower Explosion's website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.
Links to this website
You may only use the links provided on the “Link to Us” page in order to link to this website. Any other link must have a written consent of Flower Explosion. If you do create a link to a page of this website you do so at your own risk and you will be responsible for any loss that the company may incur into.
Links from this website
We do not monitor or review the content of other party’s websites. However, we do have links to our online social network, such as our profile page on Facebook, Instagram, Twitter and RSS feeds. Opinions expressed or material appearing on those web pages, as well as client testimonials expressed on our website 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 Notice
Copyright and international intellectual property rights exists on all texts and images relating to Flower Explosion products and the full content of this website. All content displayed on this website (FlowerExplosion.com) including, but not limited to literature, images, logos, slogans, designs or databases is property of Flower Explosion. We check the web on a regular basis, if we found ourselves to be victims of copyright infringement, any and all legal actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible will be taken.
Visitors are not authorized to use in any manner our material for commercial use. No FlowerExplosion.com’s logos may be used to mention any product that doesn’t belong to FlowerExplosion.com, or without a written consent of our members.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via company literature or via our corporate telephone 1 714 450 3989 and other listed call center numbers.
301 Capital Partners Inc DBA Flower Explosion., is a S-Corporation registered in the State of California. Our mailing address is 4629 Cass St San Diego, CA 92109 .
Major Force
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either party to insist upon strict performance of any provision of this or any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.
General
The laws of Delaware and Federal Laws govern these terms and conditions. By accessing this website and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of Delaware and/or United States 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 Flower Explosion, 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 Flower Explosion.
Notification of Changes of the Terms and Conditions
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. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site.
If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail and postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and Flower Explosion. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
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