Flowers by Tony, LLC, Company, Us, We, Our, Ours and other first-person pronouns will hereinafter refer to the Company, as well as all employees and affiliates of the Company. You, as the user of the Website, will hereinafter be referred to with second-person pronouns such as You, Your, Yours, or as User or Client. Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
BY USING THE WEBSITE, YOU WARRANT THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE LEAVE THE WEBSITE IMMEDIATELY. THE COMPANY ONLY AGREES TO PROVIDE USE OF THIS WEBSITE AND SERVICES TO YOU IF YOU ASSENT TO THIS AGREEMENT.
License to Use Website
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You are responsible for keeping Us apprised of any changes to Your identifying information. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms, the Company has the right to indefinitely suspend or terminate or block access of your membership and refuse to provide you with access to the Website. The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, due to some factors which includes seasonal changes or availability, all products are subject to availability. The Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk. If we need to make changes or substitutions we will advise you as soon as possible and advise you of the most effective and most suitable situation, and will ensure it is of good quality and equal value.
For the sale of physical products, We may preauthorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon delivery. You agree to monitor Your method of payment. Delivery costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at firstname.lastname@example.org.
At our discretion from time to time, we may offer 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.
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, the price of the product at the time of purchase shall ‘prevail’. We are unable to offer special offer discounts for purchases that have already been made.
As our special offers are often presented 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 different personalized special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
When purchasing Our products, You agree to provide Us with a valid email and shipping address, as well as valid billing information. Before placing your order, please review delivery information and prices. To avoid problems or delays with delivery, you are advised to ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
We are only responsible for delivering to the address you quote. Where the goods have been correctly delivered, we cannot accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual receiver refuses or fails to return item(s). Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or to certain locations where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations. The signature of any person authorized to accept delivery on behalf of the Client shall be accepted as proof of delivery to your chosen recipient. Where the delivery driver is unable to find someone to accept delivery they will deliver to a neighbor, leave in a safe location or leave a card at the address for the recipient to make contact. We will contact you to advise you where the goods have been left, if there is no safe place to leave the goods, they will be returned to our premises and you will need to arrange pick up of the goods. We will decide whether or not it is safe. Should your goods need to be re-delivered, you will be required to pay another delivery fee.
In the instance of there being difficulties in delivering your order to the intended recipient we reserve the right to contact the recipient using the contact details you provide at the time of placing your order.
Return and Refund
We want you to be 100% satisfied with our Services. However, due to the perishable nature of our goods, we may not be able to accept returns after purchase. All products on the Sites are sold on a non-returnable basis. If you are less than satisfied or believe there has been an error in billing, please reach out to us at email@example.com immediately so that we can help you resolve the issue.
In the event of an item not received or an error on our part, we shall be liable to replace or refund such item. Should your goods be lost or damaged after delivery, we shall not accept liability for this.
Orders may be amended or cancelled within a reasonable time but before the order becomes processed. To amend or cancel your order, please contact Us. On a case by case basis, we reserve the right to agree to cancel any order and will inform you once this has been done. You will not be charged for any orders which have been cancelled in accordance with this clause. Any payment made prior to an order being cancelled by us will be reimbursed using the same method as used to pay for your order. Orders may not be canceled on or after the requested order delivery date.
Visiting the Site or sending emails or other data, information or communication Flowers by Tony LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Prohibited use of Website
You agree not to use the Website or Services for any unlawful purpose. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company. If you have any doubts about the legality of your using this Website, you should not continue any further.
Reverse Engineering & Security
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
You agree to defend and indemnify the Company and any of its subsidiaries (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
Third-Party Links & Content
We may include links to third party websites (“Linked Sites”) at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise. The Linked Sites are not under the control of the Company and the in the event the User follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including without limitation information, products and services, available on third party websites. Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
Modification & Variation
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
Term, Termination & Suspension
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND THAT ANY SERVICES PROVIDED BY US ARE ON AN "AS IS" BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. THE COMPANY MAKES NO WARRANTIES THAT THE WEBSITE OR SERVICES WILL MEET YOUR NEEDS OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY ALSO MAKES NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON THE WEBSITE OR OBTAINED THROUGH THE SERVICES. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, THROUGH YOUR COMPUTER SYSTEM, OR AS A RESULT OF LOSS OF YOUR DATA FROM YOUR USE OF THE WEBSITE OR SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT THE COMPANY IS NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Flowers by Tony LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, USE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, FRAUD, STRICT LIABILITY OR OTHERWISE, EVEN IF Flowers by Tony LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
All communications made or notices given pursuant to this Agreement shall be in the English language. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law. Through Your use of the Website or Services, You agree that the laws of the State of Florida shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Florida. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the state of Florida. Each Party shall pay their own costs and fees. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
If you have any questions about the Terms, please contact us via:
Telephone Number: (954) 454-6225
Flowers by Tony, LLC
18502 Dixie Hwy
Aventura, FL 33180