Terms and conditions - Maison La Fleur

Terms and conditions

Terms and Conditions of Sales

I.         Flower Freshness and Availability

II.        Days and Times of Delivery

III.      Delivery Policy

IV.      Additional Charges and/or Refunds

V.        Change and Cancellation Policy

VI.      Claims, Credit and Refund Policy

VII      Copyright, Trademarks, Patents, License and Site Access

VIII.   Security

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO PURCHASING. YOUR PURCHASES ARE GOVERNED BY THESE TERMS AND CONDITIONS AND INDICATE THAT YOU AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED ON THIS SITE. THIS SALE AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN WHOLEBLOSSOMS.COM AND THE CUSTOMER. IF YOU DO NOT UNDERSTAND ANY OF THE TERMS CONTAINED HEREWITH, PLEASE CONTACT A COMPANY REPRESENTATIVE PRIOR TO MAKING A PURCHASE.

These Terms and Conditions may be amended at any time without prior notice, by publication of the amended terms below. Your use of this website following any amendments constitutes your agreement to follow and be bound by the changed Terms and Conditions. As a result, we suggest that you review these Terms and Conditions prior to each one of your purchases.

I. Flower Freshness and Availability

Maison La Fleur delivers fresh and preserved flowers direct from our store.

The availability of fresh flowers is seasonal.  Maison La Fleur may substitute any flower that is out of season at their discretion without notice to customer.

II. Delivery Days and Times

Deliveries shall be by either inhouse courier, contracted courier, FedEx or UPS. Other carriers may be used from time to time.

Additionally, flowers may become delayed due to other non-controllable factors. These include:

a) carrier delays resulting from mechanical, weather, airport closure, logistical or other related external or internal forces;

b) incorrect shipping address entered at the time of order placement, or re-routing request made by the customer;

c) lack of recipient presence at the delivery address at the time of delivery;

d) customer change order request; and

e) other uncontrollable factors due to government, war, civil disorder, fire or acts of God

Please note that due to these uncontrollable factors, Maison La Fleur cannot guarantee delivery of flowers or other product on your scheduled delivery date. For further information on when to schedule your flowers, please contact a Maison La Fleur representative.

III. Delivery Policy

Missed Delivery. If you are not at the delivery address at the time of actual delivery, you will need to contact us in order coordinate with the carrier for either redelivery or to arrange for pick up of your box(es). Therefore, it is highly recommended that you have someone available to sign for flowers at the time of delivery.

Incorrect Address. Maison La Fleur is not responsible for delayed deliveries resulting from inaccurate information given such as incorrect delivery address, use of PO Box address, phone number, email address, etc. Such information is necessary in the event Maison La Fleur or the carrier need to contact you surrounding your delivery.  We highly stress that you review your order following placement for delivery address accuracy.

Refused Acceptance. Maison La Fleur is not responsible for fresh cut flower orders where the recipient refuses to accept the product ordered. Flower orders represent custom cut product intended for the customer’s use.

Weather and Mother Nature Delays. In the event that there is a weather or mother nature delay and the carriers of your product cannot deliver, Maison La Fleur will not issue a refund for orders delivered outside of the time frame specified.

IV. Additional Charges and/or Refunds

ALL SALES ARE FINAL. REFUNDS WILL BE CONSIDERED ON A CASE BY CASE.

Please verify the delivery address provided. If your address is incomplete, incorrect, or needs to be re-routed while in transit, you will be assessed an additional fee. The fee is determined by the carrier dependent upon the carrier, number of boxes, distance to new destination, and service. A representative will obtain the re-route fee from the carrier and advise you accordingly.

Charges and Refunds for Substitutions: In the event that a flower variety becomes unavailable, Maison La Fleur will offer a substitution for your order. The substitution offered will be for equal or greater value than the amount paid. However, if client requests a substitution that is significantly higher in value than the product ordered, Maison La Fleur will charge the difference in price.

V. Change and Cancellation Policy

Order changes must be made within 24 hours of order placement. Order changes will be made subject to product availability and returns cannot be honored should the product you desire is unavailable.

Order Cancellations must be made within 24 days of order placement All cancellations must be submitted in writing via email. An email acknowledging cancellation will be sent to confirm cancellation. Rush Orders unfortunately cannot be canceled as orders are immediately processed. Cancelation fees apply to cover credit card processing fees and processing overhead.

Delivery Refusals at the time of delivery cannot be honored and therefore a refund cannot be made. This applies to deliveries made on the customer’s scheduled delivery date, or 1 business day before or after that date (please see policy above discussing Delivery Days and Times). Any delivery refusal made by the customer will still result in an assessment of the order price. All customer purchases represent custom orders for fresh cut flowers that are purposely harvested and shipped directly from the producer. This policy is consistent with policies surrounding order cancellations which cannot be honored when orders are canceled in less than 10 days.

VI. Claims, Credit and Refund Policy

While product issues are rare, should you experience a problem with your order at the time of delivery, you are required to contact Maison La Fleur on the same day of delivery of your flowers at +18882020011 or by emailing info@maisonlafleur.com .

If your delivery occurs after-hours, contact can be made via email and/or voicemail. A return phone number must be provided to facilitate contact.

Maison La Fleur is not responsible for problems occurring during shipping from our location to your location, including late deliveries caused by weather or acts of God.  If there is a delivery issue, claims must be submitted with the carrier. While we will try to act in your behalf so these companies will help you process your claim, Maison La Fleur is not responsible for any shipping related claims and whatever resolution are what the shipping companies provide, are what is going to be honored for issues with product while in transit.

While Maison La Fleur guarantees against product freshness or defect upon delivery, flower performance is not subsequently warranted. Therefore, growth of flowers or open blooms cannot be guaranteed within a stated period of time due to uncontrollable factors such as care and handling and ambient temperature following delivery, breed characteristics and Mother Nature. Customer is responsible for familiarity with wholesale fresh cut flowers, foliage and other floral goods, as well as their proper use. Maison La Fleur is not responsible if you, the recipient, mishandles the flowers, does not hydrate them upon arrival, or does not follow proper care and handling. If you have any questions regarding proper use of our products, please contact Maison La Fleur.

Maison La Fleur is not responsible for customer or related party expenses arising from the loss or non-performance of faulty product.

VII. Copyright, Trademarks, Patents, License and Site Access

Content, information, images, text, graphics, photos, exclusive products, logos, symbols, and marketing and advertising ideas and concepts provided on www.maisonlafleur.com are protected by federal Copyright laws. Maison La Fleur content cannot be used for commercial purposes. Requests to use images or website content for non-commercial purposes must be made in writing. Any violations of these terms will result in prosecution to the fullest extent permitted under Federal law.

VIII. Security

All merchants processing, transmitting, or storing credit card data are required to comply with the Payment Card Industry (PCI) Data Security Standard. Rest assured that Maison La Fleur has met the required standards to ensure safe processing practices. During purchase, your credit card number is sent secure to the merchant processing provider. Maison La Fleur does not store your credit card number. When emailing Maison La Fleur, please do not send your credit card information.

Maison La Fleur reserves the right to confirm that the credit card number and information provided online is accurate. Maison La Fleur will not deliver product that has been purchased with cards reported lost or stolen.

If a purchase was made using your credit card without your authorization, please report this incident to your credit card company immediately. Federal law limits your responsibility for unauthorized charges to $50. In most cases, however, credit card providers waive this amount.

Disclaimer of Liability

THE SERVICES PROVIDED BY MAISON LA FLEUR ARE PROVIDED “AS IS.” THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES.UNDER NO CIRCUMSTANCES SHALL THE USER HOLD THE COMPANY OR ANY OF ITS AGENTS, CONTRACTORS OR REPRESENTATIVES RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES) SUFFERED FROM, BUT NOT LIMITED TO DELAYS, LOSS OF INFORMATION, DELAYS IN THE INSTALLATION OR PROVISIONING PROCESS, OR INTERRUPTIONS IN THE SERVICES CAUSED BY THE USER, THE COMPANY OR A THIRD PARTY’S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. USER UNDERSTANDS THAT TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF US. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS. THE COMPANY RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A USER AT ANY TIME WITHOUT CAUSE.

Entire Agreement

The Terms and Conditions, the Acceptable Use Policy and the Privacy Policy contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and Conditions may be modified at any time by the Company. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Venue/Choice of Law

These Terms and Conditions shall be construed in accordance with the laws of the State of Florida (excluding rules regarding conflicts of law) and the United States of America. In the event of any dispute, the parties submit to the personal jurisdiction of and venue in the Superior Court of the state of Florida and the federal courts located in Miami-Dade County, Florida. Any disputes must be filed in Miami-Dade County, Florida.

Severability

In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.

Indemnification

User shall indemnify and hold the Company harmless against any and all claims, losses, damages and liabilities sustained by User resulting from, rising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of User contained in these Terms and Conditions.


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