BloomsByTheBox Conditions of Use
BloomsByTheBox Conditions of Use
Welcome to BloomsByTheBox.com ("BloomsByTheBox"). BloomsByTheBox provides website products and services to you when you visit or shop at BloomsByTheBox.com (collectively "BloomsByTheBox Services"). BloomsByTheBox provides the BloomsByTheBox Services subject to the following conditions.
By using BloomsByTheBox Services, you agree to these conditions. Please read them carefully.
When you use any BloomsByTheBox Service, 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 e-mail or by posting notices on this site or through the other BloomsByTheBox 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.
All content included in or made available through any BloomsByTheBox Service, such as text, graphics, logos, button icons, images, videos, audio clips, digital downloads, and data compilations is the property of BloomsByTheBox or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BloomsByTheBox Service is the exclusive property of BloomsByTheBox and protected by U.S. and international copyright laws.
If you use any BloomsByTheBox Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BloomsByTheBox reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BloomsByTheBox reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BloomsByTheBox a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BloomsByTheBox and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BloomsByTheBox for all claims resulting from content you supply. BloomsByTheBox has the right but not the obligation to monitor and edit or remove any activity or content. BloomsByTheBox takes no responsibility and assumes no liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS, AVAILABILITY AND SUBSTITUTIONS
BloomsByTheBox attempts to be as accurate as possible and to ensure product availability. However, BloomsByTheBox does not warrant that product descriptions or other content of any BloomsByTheBox Service is accurate, complete, reliable, current, or error-free. BloomsByTheBox.com reserves the right to make reasonable product substitutions based on market availability and other factors.
If a product offered by BloomsByTheBox itself is not as described, your sole remedy is to request a refund for the purchase price of the product. At our discretion, BloomsByTheBox may require a return of the product before a refund is issued.
REFUNDS AND RETURNS
If upon receipt of your product you are not satisfied with the quality or condition of any items received, you must contact BloomsByTheBox within 24 hours of delivery and provide clear photographic images of all unsatisfactory products via email. At our discretion, BloomsByTheBox will provide flower care instruction, issue a refund or ship replacement product. At our discretion, BloomsByTheBox may require a return of the product before any refund is issued.
Except where noted otherwise, the unit price displayed for BloomsByTheBox products represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Pricing is subject to change without notice.
BloomsByTheBox cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by BloomsByTheBox is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation and refund any payments made to date.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BLOOMSBYTHEBOX SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLOOMSBYTHEBOX SERVICES ARE PROVIDED BY BLOOMSBYTHEBOX ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BLOOMSBYTHEBOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BLOOMSBYTHEBOX SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLOOMSBYTHEBOX SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BLOOMSBYTHEBOX SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLOOMSBYTHEBOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLOOMSBYTHEBOX DOES NOT WARRANT THAT THE BLOOMSBYTHEBOX SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLOOMSBYTHEBOX SERVICES, BLOOMSBYTHEBOX'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BLOOMSBYTHEBOX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLOOMSBYTHEBOX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BLOOMSBYTHEBOX SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BLOOMSBYTHEBOX SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any BloomsByTheBox Service, or to any products or services sold or distributed by BloomsByTheBox or through BloomsByTheBox.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any BloomsByTheBox Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BloomsByTheBox.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
775 Mountain Blvd Ste 104
Watchung NJ 07060