BY VISITING WWW.FLORESCERNY.COM YOU ARE CONSENTING TO OUR TERMS OF SERVICE (the “Terms of Service”). Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this web site.

Florescer NY LLC maintains this web site as a service to its customers, potential customers, and other interested parties. Your use of this web site is subject in all respects to these terms and conditions.

OVERVIEW

The terms “we”, “us”, and “our” refer to Florescer Production & Event Design LLC (the “Company”). The term the “Site” refers to www.florescerny.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

On the Site we provide: Floral Arrangements, gift arrangements, Floral & Event Décor, Full Event Design & Production, Event Planning & Vendor Management, Customized Furniture, Decorative Props & Fabrics, Concept Development & Brand Strategy, Scenic Design & Window Displays, Fashion Runways and Presentations, Set Design & Fabrication, Environmental Décor, Weekly Arrangements & Plants, Fresh Floral Vertical Landscaping, Renderings & Visual Support (the “Service.”)

Use of the Site, including all materials presented herein and all online services provided on the Site, whether made available for purchase or not, is subject to the following Terms of Service. These Terms of Service apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms of Service, without modification, and acknowledge reading them,

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Children under the age of 18 are prohibited from using the Site.

The information contained in this web site is for general guidance on topics selected by Florescer NY LLC. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site. The information on this web site is provided with the understanding that Florescer NY LLC and various authors and publishers providing such information do not constitute the rendering of professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors.

Florescer NY LLC may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this web site, you agree to indemnify, hold harmless and defend Florescer NY LLC and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical photocopying and recording.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Florescer NY LLC or such third party that may own the copyright of material displayed on this web site.

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide on the Site will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws.

REFUSAL OF SERVICE

We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No order or request is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order or request after payment has been processed, we will refund your money.

We will email you to confirm the placement of your order or request on this Site to the email address provided at time of purchase.

SHIPPING POLICIES

Most orders are processed and shipped within one business day after the order is received, not including custom orders. Depending on season, size of order, and number of current orders, an order may take longer to ship. Rush orders are available by special request and may incur additional charges for production or shipping costs.

Domestic orders are shipped via Local Delivery Services. Florescer NY delivers daily except for Sundays within the Manhattan, Brooklyn, and Astoria. Please call 212-542-3126 for a quote for deliveries outside of these areas.

Delivery Fee Within Brooklyn, Manhattan, and Astoria: $25 (not including tax)

Florescer takes same day orders until 10am the day of, otherwise it will be delivered the day after. We guarantee business deliveries to arrive by 5PM and residential deliveries to arrive by 7PM. For deliveries arriving at the same location with different floors/units, there will be an additional $5 delivery fee per arrangement.

If a delivery cannot be completed due to circumstances such as, incorrect address or recipient unavailability, Florescer offers 1 (one) complimentary re-delivery of your arrangement. Re-deliveries thereafter are subject to an additional delivery fee.a

You may receive a refund of the purchase price or be eligible to exchange the product for another product of equal value, if the product is returned within 4 hours of purchase and returned in its original condition (i.e. new, unworn, undamaged). Shipping charges are non-refundable. All floral arrangements & Floral orders are personalized or custom items and marked as final sale. These orders cannot be returned or exchanged unless items are received damaged.

If your order does not include fresh flowers, you are responsible for the cost of shipping a returned product and must ensure that the product is carefully packaged to avoid any damage in transit.

The Company will process your return promptly upon receipt of the returned product. The refund will be credited back to the original method of payment, minus 25% restocking fee. Please note that it may take one or two billing periods before refunds appear on your billing statement.

ERRORS, INACCURACIES, AND OMMISIONS

Information provided on the Site is subject to change. Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy. Copyright © 2016 Florescer NY LLC. All rights reserved.

CHANGED TERMS

We reserve the right to update any portion of our Site and Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.

OUR PRIVACY POLICY

Please review our Privacy Policy located at https://florescerny.com/privacy/

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer paid to the Company for the specific Products /services provided by the Company giving rise to the claim or cause of action. AND IF NO PURCHASE HAS BEEN MADE BY YOU, COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

The Terms of Service constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.

GOVERNING LAW; VENUE; MEDIATION

The Terms of Service shall be governed by the laws of the State of New York, and any disputes arising from it must be handled exclusively in the federal and state courts located in County of Queens, New York. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sublicense able or otherwise transferable by You. Any transfer, assignment, delegation or sublicense by you is invalid.

Effective Date: 11/25/2016