Welcome to ENJOY FLOWERS®!
EnjoyFlowers.com, EnjoyFlowersBusiness.com and EnjoyFlowersEvents.Com (individually or collectively the “Website”) is each an internet website providing our customers with access to beautiful fresh flower bouquets and bunches delivered regularly to their homes, offices or businesses, curated, affordable swoon-worthy fresh flower bouquets and bunches for weddings and events, and various other floral services (individually or collectively, the “Products and Services”).
The Products and Services made available here is provided by Enjoy Flowers, LLC located at 3200 NW 67th Avenue, Bldg – 4, Suite 490 Miami, FL 33122 (the “ENJOY FLOWERS® Company”, the “Company”, “we”, or “us”). This is the entity with whom you are entering into this agreement.
2. PRIVACY NOTICE
The ENJOY FLOWERS® Company’s privacy practices in operating the Website and offering the Products and Services are described in the Privacy Notice located at https://www.enjoyflowers.com/privacy. By using the Website and/or accessing, ordering, or using the Products and Services, you represent that you have read and consent to our Privacy Notice. If any point, you do not agree to any portion of the Privacy Notice, you are not permitted to use or access the Website and/or Products or Services, purchase any Products and Services through the Website, or enter into any transactions for the Products and Services with the ENJOY FLOWER® Company.
4. THE ENJOY FLOWERS® ACCOUNT
In order to use or access the Website and/or purchase ENJOY FLOWERS® Products and Services, you may need to establish an ENJOY FLOWERS® account through the Website (“Your Account”) and have a valid payment method associated with Your Account. You agree that you shall not create Your Account if you (1) are under the age of 18; (2) have previously been removed by the ENJOY FLOWERS® Company or banned from using the Website or Products and Services; (3) are located in a country embargoed by the United States; or (5) are on the U.S. Treasury Department’s List of Specially Designated Nationals.
To protect Your Account, you will be prompted to set up a password. Choose a strong password and keep your password confidential. You are responsible for maintaining the confidentiality of Your Account, for all activity that happens on or through Your Account, and for restricting access to your computer(s) or device(s). If you learn of any unauthorized use of your password or Your Account, contact us immediately. Your Account is for your use only. You agree not to lease, assign, sell, transfer, rent, or provide access to, directly or indirectly, Your Account.
You agree that all information you submit in connection with Your Account is true and accurate. You may not create multiple or fake accounts with the ENJOY FLOWERS® Website using multiple or fake email addresses or identities. There must be only one ENJOY FLOWERS® account per customer. The ENJOY FLOWERS® Company reserves the right, in its sole discretion, to refuse service, terminate Your Account, terminate your rights with regard to the Website or Products and Services, remove or edit content, or cancel orders.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON ENJOY FLOWERS® WEBSITE OR SERVERS AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE ENJOY FLOWERS® COMPANY.
5. PRODUCTS AND SERVICES
A. ENJOY FLOWERS® SUBSCRIPTION SERVICE
1. Types of Subscriptions
The ENJOY FLOWERS® Subscription Service is defined in terms of the 4 different components: flower assortment type, assortment size, delivery frequency and payment frequency. You will make the following selections when you choose your subscription:
2. Subscription Service Payment
Your ENJOY FLOWERS® Subscription Service payment will be based upon your subscription selection and will be charged on the anniversary of your subscription date accordingly. Your ENJOY FLOWERS® Subscription Service payment will be automatically charged to your credit card, on the payment frequency selected, unless and until you cancel it, or we terminate it. For example, if you select a 3-month subscription, your first ENJOY FLOWERS® payment will be for three (3) months of Subscription Service and will be automatically charged to your credit card at the end of the 3-month period for an additional 3-month period unless you cancel it, or we terminate it. You must provide us with a current, valid, accepted method of payment (such as a credit card) to use the ENJOY FLOWERS® Subscription Service. You are responsible for maintaining your credit or payment method current at all times. We will bill the subscription fee to your credit card or other payment method directly. You must cancel your subscription at least seven (7) days prior to the renewal of your subscription in order to avoid billing of the next cycle of Service payment fees to your credit card or other authorized payment method.
3. Shipment of Subscription Service Flowers
Shipments of the ENJOY FLOWERS® Subscription Service flowers occur every week on Tuesdays with arrival to customers anticipated on Thursdays or Saturdays with arrival to customers anticipated on Mondays (business subscriptions only).
Once your ENJOY FLOWERS® Subscription Service payment clears, your 1st delivery will occur on the next scheduled ENJOY FLOWERS® delivery date. If you choose to have delivery of the ENJOY FLOWERS® Service every two 2) weeks, your next delivery will occur two (2) weeks from your first scheduled delivery. If you choose to have your delivery of your ENJOY FLOWERS® Service once (1x) per month, your next delivery will occur within seven (7) days of your next billing cycle. You will not be able to modify the date of delivery of your ENJOY FLOWERS® Service.
You may edit the payment method and user information associated with Your Account by visiting the Website and logging in to Your Account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method or information or cancel your account, you still remain responsible for any uncollected amounts and authorize us to continue billing the credit card or other payment method as it may be updated. This may result in a change to your payment billing dates.
4. Billing of Subscription Service Flowers
By using or accessing the ENJOY FLOWERS® Website and/or ordering Subscription Services and providing or designating a credit card or other payment method, you authorize us to charge you the ENJOY FLOWERS® Service fee at the current rate, and any other charges you may incur in connection with your use of the ENJOY FLOWERS® Subscription Service to your credit card or other payment method. You acknowledge that the amount billed each billing cycle may vary from month to month for reasons that may include, but are not limited to, differing amounts due to promotional offers, and/or changing or adding a subscription plan. You authorize us to charge your credit card or other payment method for such varying amounts, which may be billed according to the Service subscription plan selected by you, in one or more charges.
A billing cycle will begin on the calendar day corresponding to the commencement of your subscription and will end at the expiration of the subscription plan you selected (month, 3-months, 6-months, or 12-months), depending on the subscription plan selected. For all subscriptions, the Subscription Service will be billed in its entirety at the beginning of the subscription period. Monthly and multi-month subscriptions will be charged automatically to your credit card, unless you cancel it more than seven (7) days prior to your next billing cycle. We will automatically bill your credit card or other payment method on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment.
For example, if you commence your subscription to the ENJOY FLOWERS® Subscription Service on the June 15th and you select a 3-month subscription, your card will be charged on June 15th for that subscription and then will be charged again (unless previously cancelled by you or terminated by us) in three (3) months on September 15th.
We reserve the right to change the timing of our billing, in particular, as indicated below, if your payment has not successfully settled. In the event your subscription began on a day not contained in a given month, we may bill your credit card or authorized payment method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your monthly ENJOY FLOWERS® subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your credit card or other authorized payment method would be billed on that date.
Your renewal date may change due to changes in your subscription. We may seek authorization of your credit card in anticipation of subscription or Subscription Service-related charges. You may review and edit your ENJOY FLOWERS® billing information by visiting our Website and logging into Your Account.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to receive our Subscription Service through the end of your current billing period.
5. Billing of Subscription Service Flowers
You may cancel your ENJOY FLOWERS® Subscription Service at any time and for any reason by logging into your account. Once you have accessed your account, go to the “Update Your Information” Section, click the “Edit” button to access the “Edit Your Subscription” Section. In that section, click the “Cancel Subscription” button. In the event of cancellation, your subscription will terminate at the end of the subscription term for which you have paid, and you will continue to receive ENJOY FLOWERS® Subscription Service through the end of your subscription period.
To avoid automatic renewal of your subscription, you must cancel your subscription by midnight, Eastern Standard Time seven (7) days prior to your next billing cycle for our Subscription Service. For example, if your month-to-month billing cycle is scheduled for the 18th of each month, ENJOY FLOWERS® must receive your cancellation at least seven (7) days prior to the 18th in order for you in order to avoid being billed on the following 18th.
We do not provide refunds or credits of any partial subscription period in which you may be out of town or otherwise unavailable to enjoy our services. However, if you are scheduled to be out of town, you may change the delivery address for delivery of the Subscription Service at any time, as long as such notice is provided to ENJOY FLOWERS® at least seven (7) days prior to your scheduled delivery. Or you can choose to skip a renewal period, this will allow you to skip the next billing, and thus to skip for one time the delivery of your product.
B. ENJOY FLOWERS® WEDDING AND EVENT PRODUCTS
The ENJOY FLOWERS® Wedding and Event Products are defined in terms of the purchase options available on the Website (and specifically, www.enjoyflowersevents.com), purchase assisted by a sales representative and/or standard purchase. You may choose between the available purchase options, subject to the following provisions:
1. Assisted Purchase
You will select this option if you intend to purchase with the assistance of a sales representative. This option will allow you to customize your selection by modifying different aspects of the selected flower package (such as, flower varieties, items). You will:
In case you have a specific requirement or additional assistance, you may send an email to firstname.lastname@example.org and a sales representative will address your inquiry no later than 48 hours following your request.
Your ENJOY FLOWERS® Wedding and Event Products acquired through our Website and assisted by a sales representative, will be priced taking into consideration your specific needs and requirements and the level of customization of the ENJOY FLOWERS® Wedding and Event Products. In any case, the Price of your ENJOY FLOWERS® Wedding and Event Products will account for:
Other costs may apply if you require additional assistance in connection with the decoration of your wedding or event. In this case, we will engage an expert floral designer with the necessary qualifications to address your specific needs. We will send you a quote of all costs and fees related to this service and you may choose not to be charged with this service as part of the ENJOY FLOWERS® Wedding and Event Products. Otherwise and upon your approval, you will be charged for these costs and fees separately.
2. Standard Purchase
You will select this option if your intended purchase does not necessarily require the assistance of a sales representative (though such assistance is offered to you as part of our service). This option allows you to choose the ENJOY FLOWERS® Wedding and Event Products from a list of previously arranged alternatives. You will:
In case you have a specific requirement or additional assistance, you may send an email to email@example.com and a sales representative will address your inquiry no later than 48 hours following your request.
Please do remember that if you select this option, you will not be able to customize your ENJOY FLOWERS® Wedding and Event Products.
“List Price” means the retail price of all ENJOY FLOWERS® Wedding and Event Products published in our Website and available to be purchased under this option. We regularly check List Prices but you agree that the List Price or the price of an individual ENJOY FLOWERS® Wedding and Event Products published on our Website may vary from time to time.
3. Payment for Wedding and Event Products
Your payment for ENJOY FLOWERS® Wedding and Event Products will be charged upon your placement of an order on our Website. You must create a PayPal™ account or otherwise login with your credentials. You must provide a current, valid, accepted method of payment (such as a credit card) to purchase the ENJOY FLOWERS® Wedding and Event Products. You are responsible for maintaining your credit or payment method current at the time of purchasing any of the ENJOY FLOWERS® Wedding and Event Products.
We reserve the right not to move your order to enter the shipping process if your payment has not successfully settled. EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION ___ BELOW FOR CANCELLATION OF ORDERS, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
4. Shipment and Risk Loss
Shipments of the ENJOY FLOWERS® Wedding and Event Products typically occur at any time between 2 or 4 days prior to the wedding or event for which you require the Wedding and Event Products in light of the special nature and maintenance of the Wedding and Event Products. ENJOY FLOWERS® provides you with an estimated date of receipt of the shipment, however, these dates may be modified by the courier company that is an independent entity to ENJOY FLOWERS® and with respect to which ENJOY FLOWERS® does not assume any responsibility.
ALL PURCHASES OF WEDDING AND EVENT PRODUCTS FROM OUR SITE ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER. In any case, please refer to Section 14 below for information on refunds, replacements, and title.
5. Cancellation or Modification to Orders for Wedding and Event Products
PROVIDED your order has not entered the shipping process and notice is received by the ENJOY FLOWERS® Company at least 30 days prior to your scheduled delivery, you may cancel or request modifications to any order placed on our Website. In order to notify the ENJOY FLOWERS® Company of any cancellation or modification, you must send an email to the sales executive at the email address firstname.lastname@example.org for cancellation of modification of Assisted Purchases and to the email address email@example.com for cancellation or modification of Standard Purchases. In the event of cancellation, ENJOY FLOWERS® will contact you to arrange all necessary details to reimburse your payment subject to the terms and conditions below. This process may take up to 3 working days. In the event of modification, some additional charges may apply subject to the changes in your order. In this case, you will be required to make the relevant payment in the Website or otherwise ENJOY FLOWERS® will contact you to arrange all necessary details for you to make any additional payment.
We do not provide refunds or credits of any order that has entered the shipping process, or for which you are unavailable to receive your Wedding and Event Products. However, if you are scheduled to be out of the delivery address initially provided, you may change the delivery address for delivery of the Wedding and Event Products at any time, as long as such notice is provided to the ENJOY FLOWERS® Company at least 7 days prior to your scheduled delivery. Similarly, we do provide refunds or credits for any order that has not entered the shipping process, provided that you cancel the order in the Website subject to the following:
6. YOUR CONTENT GENERALLY
Portions of the Website may allow you to post, upload, publish, submit or transmit content to be made available through the Website, including gift messages, comments on our blogs, photos, videos, or reviews shared with #ENJOYFLOWERS #ENJOYFLOWERSEVENTS #ENJOYFLOWERSWEDDINGS or any other ENJOY FLOWERS® tags, and ENJOY FLOWERS® social handles (e.g., @EnjoyFlowersEveryday, @EnjoyFlowersEvents) (collectively, “Your Content”). By so posting or submitting Your Content, including on any publicly accessible blog, comments or community forum we may make available (collectively “Forums”), you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.
We take no responsibility and assume no liability for any content or materials submitted or posted through the Website, including in the Forums, by you or any third party. The ENJOY FLOWERS® Company may, from time to time, use and/or seek your permission to use certain of Your Content on the Website including, without limitation, on ENJOY FLOWERS® social media sites and/or in ENJOY FLOWERS® marketing materials. The ENJOY FLOWERS® Company may use third party content aggregators for such purpose, and in giving the ENJOY FLOWERS® Company permission to use Your Content, you are also giving the third party aggregator permission to use Your Content for the stated purpose. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICE.
As a condition of your use of the Website, you hereby grant to the ENJOY FLOWERS® Company a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from Your Content, including to post Your Content on and the Website and the ENJOY FLOWERS® social media pages and in ENJOY FLOWERS® marketing materials, as provided above.
7. ENJOY FLOWERS® REFERRAL PROGRAM
The ENJOY FLOWERS® Company may, from time to time, offer its customers, suppliers, and other stakeholders the opportunity to refer customers, friends, family members, or colleagues to ENJOY FLOWERS® Website and/or Products and Services (“Referral Program”). We reserve the right to terminate the ENJOY FLOWERS® Referral Program at any time for any reason.
All rewards and other incentives provided to customers, suppliers, and other stakeholders eligible to participate in the ENJOY FLOWERS® Referral Program are subject to the terms set forth herein, which may change from time to time, and by participating in the ENJOY FLOWERS® Referral Program you agree to be bound by such terms.
A. REFERRAL PROGRAM PARTICIPATION, GENERALLY
To participate, visit the Website referenced below and follow the on-screen instructions to refer customers, friends, family members or colleagues to the Website. Customers who make a Qualified Referral are called “Referrers.” Individuals who receive a referral are called “Referred Customers.” An “eligible” Referrer who is fully compliant with these terms and conditions will receive one “Reward” for each “Qualified Referral.”
1. Eligible Referrer
2. Making a Referral
a. As a Customer
You must register at https://www.enjoyflowers.com/customer/login and make a purchase to make a referral. When you refer someone, you will be provided with a unique referral link (“Personal Link”) that allows you to receive credit for Qualified Referrals. Personal Links will be issued only to individuals. You may not refer yourself nor anyone in your household. ENJOY FLOWERS® has the unilateral right to determine eligibility for our referral program.
b. As a Supplier or Wedding and Events Professional
As a Partner, you must register at https://enjoyflowersevents.com/pages/rewards-programand link a PayPal™ account to which Direct Rewards will be credited. When you refer someone, you will be provided with a unique referral link (“Personal Link”). You may not refer yourself. ENJOY FLOWERS® has the unilateral right to determine eligibility for our Referral Program.
3. Qualified Referrals
A Qualified Referral means that all the following conditions are met:
4. Earning Rewards
a. As a Customer
You shall receive one (1) Free Complimentary Bouquet commercially valued at $49 for each verified Qualified Referral generated by you.
You may choose between receiving the Free Complimentary Bouquet for yourself or as a gift for a loved one. It will be sent automatically to the address designated by you.
b. As a Supplier or Wedding and Events Professional (“Partner”)
You may select between “Direct Rewards” or “Indirect Rewards”. Each Reward is exclusive of the other in such a manner that you may not earn both a Direct Reward and an Indirect Reward at the same time.
Once a Qualified Referral generated by you places an order in the Website or otherwise, you must notify us of your choice as to either count the potential purchase for a Direct Reward or to provide the Qualified Referral with the Indirect Reward according to the terms below. If you provide notice of your choice, this request cannot be reversed, cancelled or changed after it has been accepted.
Direct Rewards: You shall receive a referral fee (“Direct Reward”) ranging between 10% and 20% of the final value of a monthly minimum number of verified purchases of Products made by Qualified Referrals generated by you (you can check the monthly minimum number of purchases with your account executive). If you select to earn a Direct Reward, the Direct Reward will be credited to the PayPal™ account associated to you (a) once we verify the monthly minimum number of purchases effectuated by Qualified Referrals generated by you, (b) provided that you earn Direct Rewards in an amount not less than $100 and (c) at the end of the billing cycle.
Indirect Rewards: You may select that the value of the Direct Reward be credited to the Qualified Referral as a discount on its purchase of a Product (“Indirect Reward”) in our Website, for the total value of the order placed by the verified Qualified Referral generated by you. If you select to earn an Indirect Reward, we will automatically credit the value of the Indirect Reward to the account of the Qualified Referral for it to effectuate the purchase with the value of the Indirect Reward utilizing the Personal Link.
Value added: The Rewards may be combined with any other sale, promotion, discount, code, coupon and/or offer of ENJOY FLOWERS®. However, you agree not to sell or otherwise transfer or barter Rewards with third parties.
Special Promotional Material: You will receive the following special materials and features to promote your participation in the ENJOY FLOWERS® Referral Program: Direct Rewards; a personalized landing page, a digital brochure, and special discounts.
Duration and Loss of Rewards: We may cancel or suspend your right to participate in the ENJOY FLOWERS® Referral Program including the ability to earn and redeem Rewards, if you violate these terms including, without limitation, as a consequence of your submission of incomplete or false information, an invalid business or personal Tax ID. During any period of suspension, your Rewards balance will be frozen, and you will not be able to redeem Rewards. If we, at our sole discretion, determine that as a Partner you returned to good standing, we will reinstate your right to participate in the ENJOY FLOWERS® Referral Program unless we reasonably believe that the Rewards were not properly earned.
Redemption of Rewards: You may redeem your Rewards during a period of one (1) year. As at the calendar day following thereafter, your account will be reinstated, and you will earn Rewards for the following year.
Cancellation of Account: We may warn, temporarily suspend or permanently disable your account or initiate the actions deemed appropriate if (a) any law is violated, or any of the stipulations of these terms; (b) you breach your commitments as a Partner; or (c) if you incur in fraudulent acts, as reasonably determined by us.
Closing of Account: If you instruct us to close your account and/or elect not to participate in the ENJOY FLOWERS® Referral Program you will cease to earn Rewards on verified purchases by Qualified Referrals and your Rewards balance will be cancelled immediately.
5. Bulk Distribution (“Spam”)
Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” is expressly prohibited and may be grounds, at the ENJOY FLOWERS® Company’s sole discretion, for immediate termination of your account and deactivation of the Personal Link.
6. Additional Terms, Conditions, Exclusions, and Restrictions (“Spam”)
Rewards accumulated under the ENJOY FLOWERS® Referral Program are for individual use only and Rewards may not be credited to any group, company, or other entity. Your Rewards and your account under the ENJOY FLOWERS® Referral Program are personal to you and may not be sold, transferred or assigned to, or shared with other third parties. We reserve the right (in our sole discretion) to deduct Rewards that were credited in error or that were not earned legitimately. Redeemed Rewards will be deducted from the balance of Rewards in your account. Once a Reward is issued, redemption is considered final, and no changes may be made by you. Rewards are not reimbursable. Participation in the ENJOY FLOWERS® Referral Program and the receipt of Rewards may result in tax liability to you. Any tax, liability, or expense arising from participation in the ENJOY FLOWERS® Referral Program, accumulation of Rewards or redemption of Rewards by you or in connection with your account is your sole responsibility. We reserve the right to modify, limit, terminate, discontinue, or cancel the ENJOY FLOWERS® Referral Program, its benefits and these terms at any time in our sole discretion and without notice to you. We may change the number or type of Rewards or cap the number of Rewards you may earn in any time period. The ENJOY FLOWERS® Company does not deliver to Alaska, Hawaii nor Puerto Rico. The ENJOY FLOWERS® Company does not deliver to P.O. Boxes. You agree the ENJOY FLOWERS® Company will not have any liability for any modification or termination of the ENJOY FLOWERS® Referral Program. We reserve the right to monitor all ENJOY FLOWERS® Referral Program account activity and terminate your account and/or your participation in the ENJOY FLOWERS® Referral Program if ENJOY FLOWERS® believes (in its sole discretion) that this Agreement or any other terms applicable to the ENJOY FLOWERS® Referral Program, have been violated.
8. ELECTRONIC COMMUNICATIONS
When you use the ENJOY FLOWERS® Products and Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by sending you e-mails to the address provided during registration or by posting notices on or through the ENJOY FLOWERS® Products and Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also consent to receiving other types of communications from us, such as newsletters, special offers, promotional announcements and customer surveys via email or other electronic methods.
9. INTELLECTUAL PROPERTY
As between you and the ENJOY FLOWERS® Company, ENJOY FLOWERS® Company owns, has licensed, or otherwise has rights, title and interest in and to the images and other materials on or made available on the Website and relating to the Products and Services including, without limitation, text, graphics, logos, photos, videos, button icons, images, audio clips, digital downloads, data compilations, audio content, and/or the compilation of all content accessible through the Website (individually or collectively “ENJOY FLOWERS® Content”). The ENJOY FLOWERS® Content is protected by United States and international copyright laws. You agree that you have no, right, title or interest in or to the ENJOY FLOWERS® Content and any such content including, without limitation any other attributes associated with any Account or stored on the Website, except that you retain ownership of Your Content (as defined above) subject to the license grant set forth herein.
ENJOY FLOWERS®, Enjoyflowers.com, and other graphics, logos, page headers, button icons, scripts, and service names included in, made available, displayed, marketed, and/or advertised through the ENJOY FLOWERS® Website are trademarks, registered trademarks, or trade dress of the ENJOY FLOWERS® Company in the United States and other countries. The ENJOY FLOWERS® trademarks and trade dress may not be used in connection with any product or service that does not belong to the ENJOY FLOWERS® Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ENJOY FLOWERS®. You may not use any ENJOY FLOWERS® logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from the ENJOY FLOWERS® Company. All other trademarks not owned by the ENJOY FLOWERS® Company that appear in this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the ENJOY FLOWERS® Company.
10. USE OF INFORMATION SUBMITTED
The ENJOY FLOWERS® Company can and will use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to this website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ENJOY FLOWERS® Products and Services.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The ENJOY FLOWERS® Company provides its Products and Services using a commercially reasonable level of skill and care and our goal is that you enjoy what we have to offer.
The ENJOY FLOWERS® Company guarantees that our fresh flower assortment will stay fresh for seven (7) calendar days after delivery. If the flowers perish before seven days, please send a photo of the flowers, along with your name and order number to firstname.lastname@example.org within ten (10) calendar days from the initial delivery, and we will ship a replacement of the same or similar product (depending on availability) as soon as practical.
If your flower arrangement arrives damaged, we will provide a replacement as soon as possible. Send us a photo of the damaged flowers within (4) calendar days after delivery with your name and order number to email@example.com. Upon receipt we will deliver a replacement floral or plant arrangement as soon as practical.
ENJOY FLOWERS® reserves the right to replace Products at its discretion subject to the following. If for some reason your Product arrives damaged or destroyed, please contact us immediately and we will replace any damaged Product with an overnight delivery. To be eligible for replacement of damaged or destroyed Products, your request for replacement must be (a) placed no later than 3 hours after the initial delivery and (b) include clear photographs of the damaged Product. However, we are not be able to replace any Products that are damaged or destroyed as a result of negligence or mishandling not attributable to us. Flowers are particularly vulnerable to unfavorable weather conditions and may suffer damage unless they are handled properly upon arrival.
Our fresh flowers assortments are not edible or otherwise suitable for human or animal consumption. Eat them at your own risk.
There are certain things that we don’t promise or warrant concerning our Products and Services or products: OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THE ENJOY FLOWERS® COMPANY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE”.
UNDER NO CIRCUMSTANCES SHALL THE ENJOY FLOWERS® COMPANY, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE PRODUCTS, SERVICES OR THIS WEBSITE, BE LIABLE FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, NON-DELIVERY OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE ENJOY FLOWERS® COMPANY RECORDS, PROGRAMS, OR SERVICES; (ii) THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ENJOY FLOWERS® SERVICE WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO THE ENJOY FLOWERS® COMPANY DURING YOUR SUBSCRIPTION MEMBERSHIP TO THE SERVICE.
UNLESS OTHERWISE SPECIFICALLY STATED TO THE CONTRARY, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. VOID WHERE PROHIBITED.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ENJOY FLOWERS® SERVICE IS TO TERMINATE THE AGREEMENT AND STOP USING THE SERVICE SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
12. GOVERNING LAW & ARBITRATION
The ENJOY FLOWERS® Company operates from its offices within the United States of America. The ENJOY FLOWERS® Company makes no representation that its service or content is appropriate or available for use in other locations.
You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), delivery, use of or sale of any and all products and services of The ENJOY FLOWERS® Company and its affiliates or agents, through all merchandising channels, including but not limited to, the internet, telephone, catalog, radio, television, and mobile device or the content provided in this website (collectively referred to as "Claims"), shall be governed by the substantive laws of the State of Florida without regard to its conflict of laws principles and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of competent jurisdiction over the Claim and the parties.
You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA; and (ii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief.
THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT (WITH THE EXCEPTION OF SMALL CLAIMS COURT AS PROVIDED HEREIN) AND NO RIGHT TO A JURY TRIAL.
Your claim shall be arbitrated on an individual basis, and neither party shall have the right to participate in a representative capacity, or as a subscriber of any class of claimants pertaining to any Claim subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the Claims of other persons or parties who may be similarly situated and may only resolve Claims, and render awards between you and the Company and its Affiliates alone.
If any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org.
Notwithstanding these provisions, you may elect to bring your Claim in a state small claims court of competent jurisdiction over the Claim and the parties.
14. ENTIRE AGREEMENT