Terms & Conditions
Terms & Conditions
Last Updated: September 10
Welcome to the FloraAromatics.com website (the
"Site"). Flora Aromatics provides services to you subject to the
notices, terms, and conditions set forth in this agreement (the
"Agreement"). In addition, when you use any of our services (e.g.,
Customer Reviews), you will be subject to the rules, guidelines, policies,
terms, and conditions applicable to such service, and they are incorporated
into this Agreement by this reference. We reserve the right to change this Site
and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE
USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS
AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF
SITE
You represent and warrant that you are at least 18 years old or
visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby
grant you a limited, revocable, non-transferable and non-exclusive license to
access and use the Site by displaying it on your internet browser only for the
purpose of shopping for personal items sold on the Site and not for any
commercial use or use on behalf of any third party, except as explicitly
permitted by us in advance. Any breach of this Agreement shall result in the
immediate revocation of the license granted in this paragraph without notice to
you.
Except as permitted in the paragraph above, you may not
reproduce, distribute, display, sell, lease, transmit, create derivative works
from, translate, modify, reverse-engineer, disassemble, decompile or otherwise
exploit this Site or any portion of it unless expressly permitted by us in
writing. You may not make any commercial use of any of the information provided
on the Site or make any use of the Site for the benefit of another business
unless explicitly permitted by us in advance. We reserve the right to refuse
service, terminate accounts, and/or cancel orders at its discretion, including,
without limitation, if we believe that customer conduct violates applicable law
or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish
through this Site any Content, information, or other material that (a) violates
or infringes the copyrights, patents, trademarks, service marks, trade secrets,
or other proprietary rights of any person; (b) is libelous, threatening, defamatory,
obscene, indecent, pornographic, or could give rise to any civil or criminal
liability under U.S. or international law; or (c) includes any bugs, viruses,
worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational
purposes. It is your sole responsibility to consult a licensed physician or
qualified healthcare professional for advice, diagnosis, and/or treatment of
any health related condition. Submissions or opinions expressed on this Site
are that of the individual expressing such Submission or opinion and may not
reflect our opinions. Product representations expressed on this Site are that
of the vendor and are not made by us.
We may assign you a password and account identification to
enable you to access and use certain portions of this Site. Each time you use a
password or identification, you will be deemed to be authorized to access and
use the Site in a manner consistent with the terms and conditions of this
Agreement, and we have no obligation to investigate the authorization or source
of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL
ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION
ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE
IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS
AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL
OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible
for protecting the security and confidentiality of the password and
identification assigned to you. You shall immediately notify us of any
unauthorized use of your password or identification or any other breach or
threatened breach of this Site's security.
When you use the Site, 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 the Site or through our other services. You agree that all
agreements, notices, disclosures and other communication that we provide to you
electronically satisfy any legal requirements that such communications be in
writing.
REVIEWS
AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on
the Site, anything that you submit or post to the Site and/or provide us,
including without limitation, ideas, know-how, techniques, questions, reviews,
comments, and suggestions (collectively, "Submissions") is and will
be treated as non confidential and nonproprietary, and we shall have the
royalty-free, worldwide, perpetual, irrevocable and transferable right to use,
copy, distribute, display, publish, perform, sell, lease, transmit, adapt,
create derivative works from such Submissions by any means and in any form, and
to translate, modify, reverse-engineer, disassemble, or decompile such
Submissions. All Submissions shall automatically become our sole and exclusive
property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you
post comments or reviews to the Site, you also grant us the right to use the
name that you submit with any review, comment, or other Content, if any, in
connection with such review, comment, or other content. You represent and
warrant that you own or otherwise control all of the rights to the reviews,
comments and other Content that you post on this Site and that use of your
reviews, comments, or other Content by us will not infringe upon or violate the
rights of any third party. You shall not use a false e mail address, pretend to
be someone other than yourself or otherwise mislead us or third parties as to
the origin of any Submissions or Content. We may, but shall not be obligated
to, remove or edit any Submissions (including comments or reviews) for any
reason.
INTELLECTUAL
PROPERTY
All text, graphics, button icons, images, audio clips, and
software (collectively, "Content"), belongs exclusively to Flora
Aromatics , or its affiliates. The collection, arrangement, and assembly of all
Content on this Site (the "Compilation") belongs exclusively to Flora
Aromatics , or its affiliates. All software used on this Site (the
"Software") is the property of Flora Aromatics , its affiliates or
its Software suppliers. The Content, the Compilation and the Software are all
protected by U.S. and international copyright laws. Flora Aromatics .com and
other logos, slogans, trade names or words are registered trademarks,
trademarks or service marks of Flora Aromatics Inc its affiliates, suppliers,
or third parties. The use of any of our trademarks or service marks without our
express written consent is strictly prohibited. You may not use our trademarks
or service marks in connection with any product or service in any way that is
likely to cause confusion. You may not use our trademarks or service marks in
any manner that disparages or discredits us. You may not use any of our
trademarks or service marks in meta tags without prior explicit consent.
PRIVACY
POLICY
Please review our Privacy Policy, which also governs your visit
to this Site, to understand our practices. Our Privacy Policy is available
at https://floraaromatics.com/privacy-policy-information.html
.
RISK OF LOSS; OTHER TERMS OF SALE
All items purchased from FloraAromatics.com 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. We do not take title to returned
items until the item arrives at our fulfillment center. At our discretion, a
refund may be issued without requiring a return. In this situation, we do not
take title to the refunded item.
PRODUCT
DESCRIPTIONS
FloraAromatics.com attempts to be as accurate as possible.
However, FloraAromatics.com does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by Flora Aromatics.com itself is not as described, your sole
remedy is to return it in unused condition.
TERMINATION
AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may,
without prior notice to you, immediately terminate the Agreement or revoke any
or all of your rights granted under this Agreement. Upon any termination of
this Agreement, you shall immediately cease all access to and use of the Site
and we shall, in addition to any other legal or equitable remedies, immediately
revoke all password(s) and account identification issued to you and deny your
access to and use of this Site in whole or in part. Any termination of this
Agreement shall not affect the respective rights and obligations (including
without limitation, payment obligations) of the parties arising before the date
of termination.
INTERNATIONAL
ACCESS
This Site may be accessed from countries other than the United
States. This Site may contain products or references to products that are not
available outside of the United States. Any such references do not imply that
such products will be made available outside the United States. If you access
and use this Site outside the United States you are responsible for complying
with your local laws and regulations.
DISCLAIMER
AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT
GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED
FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON
AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA
ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES
OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE
UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,
SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION
FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY
PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY
GIVING RISE TO OUR LIABILITY.
TYPOGRAPHICAL
ERRORS
In the event a product is listed at an incorrect price or with
incorrect information due to typographical error or error in pricing or product
information received from our suppliers, we shall have the right to refuse or
cancel any orders placed for product listed at the incorrect price. We shall
have the right to refuse or cancel any such orders whether or not the order has
been confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled, we shall immediately
issue a credit to your credit card account in the amount of the charge.
PRICING
With respect to items sold by Flora Aromatics.com, we cannot
confirm the price of an item until you order; however, we do NOT charge your
credit card until after your order has entered the shipping process. Despite
our best efforts, a small number of the items in our catalog may be mispriced.
If an item's correct price 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.
LINKS
This site may contain links to other sites on the Internet that
are owned and operated by third parties. You acknowledge that we are not
responsible for the operation of or content located on or through any such
site.
COPYRIGHT
COMPLAINTS
We respect the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedure for Making Claims of
Copyright Infringement.
REMEDIES
You agree that our remedy at law for any actual or threatened
breach of this Agreement would be inadequate and that we shall be entitled to
specific performance or injunctive relief, or both, in addition to any damages
that we may be legally entitled to recover, together with reasonable expenses
of any form of dispute resolution, including, without limitation, attorneys'
fees. No right or remedy of ours shall be exclusive of any other, whether at
law or in equity, including without limitation damages injunctive relief,
attorneys' fees and expenses. No instance of waiver by us of our rights or
remedies under these terms and conditions shall imply any obligation to grant
any similar, future or other waiver.
APPLICABLE
LAW
By visiting Flora Aromatics.com, you agree that the laws of the
state of Florida, USA, 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 Flora Aromatics.com or its associates.
DISPUTES
Any dispute relating in any way to your visit to Flora Aromatics.com
or to products you purchase through Flora Aromatics.com shall be submitted to
confidential arbitration in Florida, USA, except that, to the extent you have
in any manner violated or threatened to violate Flora Aromatics.com
intellectual property rights, Flora Aromatics.com may seek injunctive or other
appropriate relief in any state or federal court in the state of Florida, USA, and you consent to exclusive
jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
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
Terms 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.
SITE
POLICIES, MODIFICATION and SEVERABILITY
Please review our other policies, such as our Shipping and
Returns policy, posted on this site. These policies also govern your visit to FloraAromatics.com.
We reserve the right to make changes to our site, policies, 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.
HAVE
QUESTIONS?
The FloraAromatics.com Customer Loyalty Team is happy to help!
Call (855) 991-4422 or Email info@floraaromatics.com