This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
By placing an order for products or services from this website, you accept and are bound by these Terms and Conditions of Sale.
You may not order or obtain products or services from this Site if you: (i) do not agree to these Terms and Conditions of Sale; (ii) are not at least eighteen (18) years of age; or (iii) are prohibited from accessing or using this Site or any of this Site’s contents, goods or services by applicable law.
These Terms and Conditions of Sale (these “Terms”) apply to the purchase and sale of flowers and related products through www.fluehr.com (the “Site”). These Terms are subject to change by JAM Flowers, LLC (the “Company,” “us,” “we,” or “our”) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and the Company will not take place unless and until you have received your order confirmation e-mail.
You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at email@example.com. We are unable to change or cancel orders already in process, in transit, or delivered.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, and Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
By visiting the Site, you agree that the laws of the Commonwealth of Pennsylvania, except with respect to that body of law relating to choice of law, shall govern these Terms and any other dispute arising between you and the Company. You also consent to exclusive jurisdiction and venue in the state courts located in Bucks County of the Commonwealth of Pennsylvania and in the United States District Court for the Eastern District of Pennsylvania. You further irrevocably waive any right you may have to trial by jury in any such dispute, action, or proceeding.
Notwithstanding anything to the contrary in these Terms, the Company may seek injunctive or other appropriate relief, without the need to post a bond, in any state or federal court in the Commonwealth of Pennsylvania to the extent you infringe or otherwise violate the Company’s intellectual property rights. Any award made by a court in conjunction with litigation between the parties regarding this Agreement shall include an award of all reasonable attorneys’ fees and legal costs incurred by the party in whose favor the final decision is rendered.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To Us. To give us notice under these Terms, you must contact us at firstname.lastname@example.org. We may update the contact information for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.