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Terms & Conditions

This Website is operated by Net Billing Solutions, LLC (La Fleur De Luxe) operated under DBA LaFleurDeLuxe.com. All inquiries may be directed to:

La Fleur De Luxe
[email protected]
925-239-8829

Terms of use

Please take some time to review these Terms and Conditions. Your use of this website and/or purchase of any products through this website constitute your agreement to the following Terms and Conditions. By accessing Lafleurdeluxe.com (the "Website"), you (the "User" or "you") represent and warrant that you have read, understood and agree (1) to be bound by the following Terms and Conditions ("Agreement"); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the Website.

We reserve the right to change and revise these Terms and Conditions from time to time as we see fit and without prior notice. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Website after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.

By placing an order with La Fleur De Luxe either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the lafleurdeluxe.com Website.

Use of Website

The lafleurdeluxe.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving La Fleur De Luxe's goods and services and/or to otherwise transact business with or contact La Fleur De Luxe, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with La Fleur De Luxe. This policy is intended to protect the privacy and freedom of La Fleur De Luxe’s customers and the personal relationship La Fleur De Luxe works to develop with its customers and others authorized to use its Website.

Payment

You must pay in full by debit, credit card or PayPal Secure Checkout in advance when you submit an order through our Website.

Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by La Fleur De Luxe If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.

No Refunds

As all of our products are live florals, all sales are final and no refunds or store credit will be issued.

Cancellation/Refunds

Orders cannot be canceled once La Fleur De Luxe has begun processing the order. In order to promptly deliver our arrangements as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. However, should you wish to change or cancel your order, you are welcome to call us to check whether the processing of an order has commenced and if it has not we may be able to accommodate your request to cancel and will do our best to meet your needs. Any changes to or cancellation of an order can only be made with La Fleur De Luxe’s prior written approval and additional charges may apply. Any agreement by La Fleur De Luxe to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by La Fleur De Luxe to that point, and you agree that such amounts may be deducted from any payments previously made to La Fleur De Luxe. During routine website maintenance, any pricing issues may not be honored and orders may be canceled and refunded when improper rates are applied.

Accordingly, we encourage you to carefully check your order before submitting it.

Pricing Policy

All prices are in US dollars. We reserve the right to modify prices at any time. Any discounts will be posted by us, and not third parties. Refunds must be made to the original payment method, and if this is not available, an online store credit.

La Fleur De Luxe cannot confirm the price of an item until after your order is placed.

Pricing errors may occur on the La Fleur De Luxe website. La Fleur De Luxe reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from La Fleur De Luxe. La Fleur De Luxe may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the La Fleur De Luxe website vs. products in a store.

Confirmation of Order

Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information.

We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for canceling your order.

Depiction of items

While we do our best to accurately represent an item, there may be some variations. Colors on your monitor may not reflect the exact color of the actual product. If you feel there is an inaccuracy, please let us know. We reserve the right to make any changes to product information at any time.

Privacy Policy

La Fleur De Luxe takes the utmost care and concern for your privacy while you are shopping on our Website. La Fleur De Luxe does not sell or share any personal information gathered from our Website. In order to process orders, we need to obtain certain information such as your name, shipping and billing information, phone number, email and credit card information. Transactions on our Website are secured and our Website does not store your credit card information.

Please review our Privacy Policy, which goes into further detail on how we at La Fleur De Luxe protect your privacy while using our site or ordering from us.

Quotes/Custom Orders/Changes:

The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.

Price quotes are good for thirty (30) days.

Copyright

By accessing lafleurdeluxe.com, you acknowledge that the Website contains graphics, code, information, data, software, photographs, videos, typefaces, music, sounds, and/or other material that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and those rights are valid and protected in all forms existing now or yet to be developed. Permission is granted to electronically copy and print hard copies of pages from these websites solely for personal, non-commercial purposes related to the placement of an order or shopping with lafleurdeluxe.com. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining written permission from lafleurdeluxe.com.

You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or another intellectual property rights of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms.

Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of La Fleur De Luxe using the images you supply.

For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for La Fleur De Luxe to reproduce the images has been obtained.

We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for La Fleur De Luxe’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.

The Website may contain errors or inaccuracies and may not be complete or current. Lafleurdeluxe.com reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information, including pricing, at any time without prior notice. Further, lafleurdeluxe.com reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, lafleurdeluxe.com shall promptly issue a credit to your credit card. We apologize for any inconvenience.

Delivery

Delivery will be deemed to have taken place at the time La Fleur De Luxe places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express, DHL, Hand Delivery) for customer delivery. La Fleur De Luxe is not responsible for lost, stolen or damaged goods once an order leaves our possession.

If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.

Accessing the Website

You may not download or modify any portion of the Website without our expressed written consent. This includes, but is not limited to, any commercial use of lafleurdeluxe.com or its contents by you or for a third party, any collection and use of our product images, listings, descriptions, and/or prices, or any use of data gathering and extraction tools, including data mining and robots. The Website or any portion of the Website may not be reproduced, duplicated, copied, or otherwise used for any commercial purpose without our expressed written consent.

Your Account and Password

By using the Website you agree that you alone are responsible for maintaining the confidentiality of your account information and password and that you alone are responsible for anyone accessing your computer. Further, you agree that you alone accept responsibility for all activities that occur under your account or password. We reserve that the right to refuse service, terminate accounts, remove or edit content, or cancel orders will be at sole discretion.

Termination of account

We may terminate your access or suspend your right to access to all or part of the Website, without notice, for any conduct that we believe is in violation of any applicable law or is harmful to the interests of another user, Associates, or lafleurdeluxe.com.

Children

The Featherss.com Website and the functions and features we offer are not intended for use by children or minors. By using this Website you warrant that you are not a minor, or that you are doing so under your parents' guidance and only after your parents have fully reviewed the terms applicable to such use, and agreed to be bound thereby.

Enforcement

By accessing the Website you agree that your access and use of this website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of California.

Warranty

La Fleur De Luxe warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.

Disclaimers and limitations of liability

ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. Neither lafleurdeluxe.com nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site. Further, the Content provided on the Website is applicable for use in the United States.

Under no circumstances shall lafleurdeluxe.com or its Associates be liable for any damages that result from the use of or inability to use lafleurdeluxe.com including but not limited to mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, any failure of performance, communications failure, theft, destruction or unauthorized access to lafleurdeluxe.com records, programs or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Website.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, OR OF THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

Indemnification

You agree to defend, indemnify and hold La Fleur De Luxe harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of this lafleurdeluxe.com Website in violation of these Terms of Use.

Communications

Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments) you transmit to the site will be treated as non-confidential and nonproprietary. Comments sent shall be and remain the exclusive property of La Fleur De Luxe Your submission of any such Comments shall constitute an assignment to La Fleur De Luxe of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. La Fleur De Luxe will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

The Terms and Conditions constitute the entire agreement between you and La Fleur De Luxe with respect to this website. The Terms and Conditions you are reviewing supersede all prior communications and proposals, whether electronic, oral or written between you and La Fleur De Luxe with respect to this Website. No modification of the Terms and Conditions shall be effective unless done so by La Fleur De Luxe or its representative.

General

You agree that: (i) the services being provided and goods sold by La Fleur De Luxe, with a principal place of business in Walnut Creek, California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over La Fleur De Luxe either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and La Fleur De Luxe that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Contra Costa County, California. These Terms and Conditions, and any other legal notices published by La Fleur De Luxe on the Website shall constitute the entire agreement between you and La Fleur De Luxe, regarding your use of La Fleur De Luxe’s Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and La Fleur De Luxe’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. La Fleur De Luxe reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

YOU AND LA FLEUR DE LUXE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.