Effective Date: 2019-07-16
Table of Contents
INTRODUCTION: All purchases that are made through https://www.ketteringflorist.com
(“Website”) are governed by these General Terms and Conditions
“Terms”). By placing your order to purchase products
from the local florist identified on this website (
“We”, “Our”, “Us”),
you accept and agree to be bound by these Terms.
PRICING: Prices listed exclude shipping and service fees as well as
taxes. Pricing is based upon product availability subject to correction or change at any
time without notice. We reserve the right to accept or reject any order. All products
are subject to availability.
DISCLAIMER: EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO
WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR
AUTHORIZED BY US. we DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE
ALSO DISCLAIM ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT
SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION.
CANCELLATIONS OR CHANGES TO AN ORDER: All orders are final at the time
the order is placed. In the event you wish to cancel or change an order, please contact
us and we will attempt to work with you to address any issues, but cannot guarantee that
such request will be honored.
NO CREDITS FOR DELAYS DUE TO FORCE MAJEURE CONDITIONS: We shall not be
liable for any delay in, or impairment of, performance resulting in whole or in part
from any force majeure event, including but not limited to acts of God, labor
disruptions, acts of war, acts of terrorism (whether actual or threatened),
governmental decrees or controls, insurrections, epidemics, quarantines, shortages,
communication or power failures, fires, accidents, explosions, inability to procure or
ship product or obtain permits and licenses, inability to procure supplies or raw
materials, severe weather conditions, catastrophic events, grower delays at the farm
level, delays due to product held by the USDA/Customs for inspection, or any other
circumstance or cause beyond our reasonable control.
SUBSTITUTION POLICY: Substitutions may be necessary to ensure your
arrangement or specialty gift is delivered in a timely manner. The utmost care and
attention is given to your order to ensure that it is as similar as possible to the
(a) Flowers: In arrangements of assorted flowers, the colors shown on the
Website will be used if at all possible, even if this means substituting other kinds
of flowers of equal or greater value. For one-of-a-kind flower arrangements, such
as all roses or all lilies, we will make every attempt to match the flower type,
but may substitute with another color. If the floral container shown online is not
available, a similar container will be used.
- (b) Plants: For green and blooming plants, similar plants may be
substituted of equal or greater value. For one-of-a-kind plants, such as orchids, we
will make every attempt to match the plant type, but may substitute with another
color. If the plant container shown online is not available, a similar container
will be used.
- (c) Specialty Gifts: Specialty gifts may be substituted with another
specialty gift of equal or greater value and of similar theme and category.
AUTHORIZED USERS: You affirm that you are 13 years of age or older.
Indeed, in order to make a purchase through the Website, you must be 18 and have a valid
credit card or other acceptable electronic payment method. Subject to these Terms, you
may not use the Website if you are unable to form a legal binding agreement with us.
ACCOUNTS AND PASSWORDS: You may establish an account to use or
access certain features of the Website. During the account registration process, you
will be asked to select a unique password. You are solely responsible for protecting the
security and confidentiality of your password, as applicable, and are accountable for
any activity undertaken through your Website account. By logging into the Website, you
represent and warrant that: (a) you are the customer who registered for the Website; and
(b) that you are using the Website only for permitted purposes. You will immediately
notify us of any unauthorized use of the password or account or any other breach of
security. You agree to exit from your account at the end of each session. If you create
an account, you represent and warrant that: (i) you will not select or utilize a user
name of another person with intent to impersonate that person; (ii) you will not select
or utilize a user name in which another person has rights, if you do not have that
person's authorization to use such name; and (iii) you will not select or utilize a user
name that we in our sole discretion deem offensive.
incorporated into, subject to and made part of these Terms. To review our Privacy
INDEMNITY: By using any of the Website, you agree to indemnify and
hold us, our subsidiaries, affiliates, officers, agents and other partners and employees
harmless from any loss, liability, claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of: (a) your improper use of such
Website; or (b) your violation of these Terms.
LIMITATION OF LIABILITY: WE EXPRESSLY DISCLAIM ANY LIABILITY FOR
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE
EXTENT PERMISSIBLE. OUR MAXIMUM AGGREGATE LIABILITY IN ALL EVENTS IS LIMITED TO THE
PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
MISCELLANEOUS: The parties acknowledge and agree that no
partnership is formed, and neither you nor we have the power or the authority to
obligate or bind the other. These Terms will be governed by and construed in accordance
with the laws of the State in which our principle place of business resides without
regard to: (i) such State's conflicts-of-laws principles; (ii) the 1980 United Nations
Convention on Contracts for the International Sale of Goods; or (iii) other
international laws. Any and all actions and proceedings arising out of or relating
directly or indirectly to these Terms, the Website, or our products and services shall
be brought in the state or federal courts located in the state where our business
resides, and that such courts are convenient forums. Each party hereby submits to the
personal jurisdiction of such courts for purposes of any such actions or proceedings. If
any provision of these Terms is determined to be unlawful, void or unenforceable by
a tribunal of competent jurisdiction, that provision is deemed severable from these
Terms and does not affect the validity and enforceability of any remaining provisions.
If we fail to act with respect to your breach or anyone else's breach on any occasion,
we are not waiving our right to act with respect to future or similar breaches. These
Terms constitute a binding agreement between the parties, and are accepted by you as a
condition for your purchase of product from the Website. These Terms constitute the
entire agreement between the parties regarding your purchase of product from the