1. ACCEPTANCE OF TERMS
The Flower Barrel ("TFB") provides floral arrangement design and delivery
services for all situations and circumstances where such a service is desired.
These services, both in the store and online, (referred to hereafter as "the
Service") are subject to the following Terms of Use ("TOU"). By using the
Service in any way, you are agreeing to comply with the TOU. In addition, when
using any aspect of any of The Flower Barrel's web sites, (referred to hereafter
as "the web site") you agree to abide by any applicable guidelines for the
Service, which may change from time to time. Should you object to any term
or condition of the TOU, any guidelines, or any subsequent modifications
thereto or become dissatisfied with TFB in any way, your only recourse is to
immediately discontinue use of TFB and the Service. TFB has the right, but
is not obligated, to strictly enforce the TOU through any means deemed necessary
by TFB including but not limited to: community moderation, active investigation,
litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the TOU at:
http://flowerbarrelescondido.com/terms-of-use
3. PRIVACY AND INFORMATION DISCLOSURE
TFB has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address:
http://flowerbarrelescondido.com/privacy-policy
Your use of the web site or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that
TFB may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of TFB, its users or
the general public.
4. TERMINATION OF SERVICE
You agree that TFB, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if TFB believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that TFB shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2 through 8 shall survive termination of the TOU.
5. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEB SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE WEB SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
TFB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEB SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TFB DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
WEB SITE OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TFB
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE WEB SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
6. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TFB BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TFB
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE WEB SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE WEB SITE OR THE SERVICE, FROM
INABILITY TO USE THE WEB SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEB SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE WEB SITE OR THE SERVICE OR ANY
LINKS ON THE WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB SITE
OR THE SERVICE OR ANY LINKS ON THE WEB SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
7. INDEMNITY
You agree to indemnify and hold TFB, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of your use of the Service or the web site, Content
you submit, post or make available through the Service, your use of the
Service, your violation of the TOU, your breach of any of the
representations and warranties herein, or your violation of any rights of
another.
8. GENERAL INFORMATION
The TOU constitute the entire agreement between you and TFB and
govern your use of the Service, superseding any prior agreements between you
and TFB. The TOU and the relationship between you and TFB
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and TFB agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of San Diego, California. The failure of TFB to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
9. ORDER CANCELLATION
The "cancellation period" begins at the point of order confirmation and
continues until 24 hours before the day of delivery or pickup.
An order is confirmed at the point it is paid in full.
All orders will be filled per the instructions provided, to the best of our
ability, unless cancelled by written and verbal notice within the cancellation period.
Written notice can be made to:
220 W El Norte Pkwy Escondido, CA 92026, or
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Verbal notice can be made to:
760.741.9958
Your cancellation request must include your order number and date, and the delivery or
pickup date for your order. You may also provide any other information you feel
necessary to ensure your order is cancelled before it is fulfilled.
All orders not cancelled during the cancellation period will be filled and billed as
per the current order request.
10. SUBSTITUTION POLICY
Occasionally, substitutions may be necessary to create your bouquet due to the
availability of certain flowers in various parts of the country. Care is taken to
maintain the style, theme and color scheme of the arrangement, using flowers of equal
value. Additionally, the substitution of certain keepsake items may be necessary due
to increased demand, especially during major holidays. In single-flower arrangements,
such as a rose bouquet, or a specific type of lily, we will make every attempt to match
the flower type, but may substitute with another color.
11. DELIVERY POLICY
A local delivery fee of $10.50 or more will be added to each order, for each address.
U.S. orders must be received before 10:00 a.m. in the recipient's time zone to assure
same-day delivery. Orders received after that time will be delivered the following day.
We will do our best to accommodate deliveries at specific times of day, but we cannot
guarantee it. We are unable to guarantee deliveries Saturdays and Sundays. Deliveries
requested on these days may be delivered the following business day. Delivery of orders
to rural route addresses or cemeteries cannot be guaranteed. We will be happy to accept
your international orders if you call our shop directly. We are unable to accept
international orders over the Internet.
12. FEEDBACK
We welcome your questions and comments on this document in the flower barrel
feedback forum:
http://flowerbarrelescondido.com/forums
