Terms of Sale

Terms and Conditions of Sale

1. Applicability of Terms.

   • 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.

   • These Terms are an integral part of the Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

2. Order Acceptance; Changes and Cancellation.

   • 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 protected] We are unable to change or cancel orders already in process, in transit, or delivered.

3. Prices and Payment Terms.

   • 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 applicable 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. All orders and related products are placed with and fulfilled by JAM Flowers, LLC. All orders for other funeral products and services are placed with and fulfilled by Joseph A. Fluehr III Funeral Home, Inc.

   • Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MaterCard, 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.

4. Delivery. We will arrange for shipment and delivery of the products. All flowers and gifts are personally hand-delivered by an industry professional, and we make every effort to deliver your flower or gift order as quickly as possible. Please check the individual product page for specific delivery options. You will pay all delivery charges specified during the ordering process. We are not liable for any delays in shipments.

5. Customer Service. Most of our products are non-returnable. If, for any reason, you are not completely satisfied with your order, please do not hesitate to contact our Customer Service Department at [email protected].

6. Substitution Policy. We reserve the right to substitute flowers or containers in the event of availability issues.

7. Disclaimer of Warranties. To the fullest extent permitted by law, except as otherwise expressly provided in any other contract or agreement executed by the company, the Company disclaims, and you waive, all warranties, whether express or implied, oral or written, or arising under any statute, ordinance, course of dealing, course of performance, usage of trade, or otherwise (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement).

8. Limitation of Liability. Except as otherwise stated in these Terms, any action brought by you in connection with or arising out of these Terms or the use or possession of the products must be commenced within one (1) year after such cause of action accrues or it will be waived. In no event shall the Company be responsible for consequential, liquidated, incidental, indirect, punitive, or special damages of any kind, including, without limitation, attorneys’ fees, professional fees, lost profits, loss of use, or loss of income, arising out of these Terms or the use or possession of the products, however caused and under any theory of liability, whether based in contract, tort (including, without limitation, negligence or strict liability), or otherwise. The Company’s liability to you, regardless of whether such liability arises in contract, tort (including, without limitation, negligence or strict liability), or otherwise, shall in no event exceed amounts paid to us by you for the products involved, and you release the Company, its affiliates, and their respective employees, agents, managers, directors, members, shareholders, and officers (collectively, the “Company Parties”) from all claims and liabilities in excess of this limitation. Some state laws do not allow the exclusion or limitation of consequential, liquidated, incidental, indirect, punitive, or special damages. If these state laws apply to you, some of the above may not apply to you and you may have additional rights.

9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

10. Force Majeure. Notwithstanding an provision of these Terms to the contrary, we will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, (i) acts of God, flood, fire, smoke, water, environmental contamination, earthquake, explosion, or other damage to property; (ii) war, invasion, armed dispute, territorial conflict or other hostilities (whether war is declared or not); (iii) terrorism, terrorist attacks, threats or acts, riot or other civil unrest, national emergency, revolution, or insurrection; (iv) epidemic, pandemic or other national health emergency; (v) lockouts, strikes or other labor disputes (whether or not relating to our workforce and regardless of whether we are capable of settling such labor problems); (vi) governmental act, rule, regulation, restriction, requirement or Order; or (vii) the inability to reasonably obtain, or restraints or delays affecting, raw materials, supplies, equipment, fuel, power, transportation or common carriers; or (viii) telecommunication breakdown or power outage, or any other cause beyond our reasonable control, whether similar or dissimilar to those listed above.

11. Governing Law; Forum.

    • 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.

12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms. Any purported assignment or delegation in violation of this Section 12 is null and void.

13. No Waivers.The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

14. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

15. Notices.

    • 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 as follows: [email protected]. 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.

    • Entire Agreement. Our order confirmation, these Terms, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Notwithstanding the foregoing, if you sign any contract(s) for funeral products or services from Joseph A. Fluehr III Funeral Home, Inc. through this Site, the matters contained in such contract(s) shall be governed thereby and our order confirmation, these Terms, our Terms of Use, Privacy Policy and Electronic Record and Signature Disclosure, which are all incorporated in such contract(s) by reference.