By accepting delivery of any item delivered from a web site owned and operated by Floral Logix, LLC ("Floral Logix"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Floral Logix agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Floral Logix. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these Terms and Conditions carefully each time you place an order with, or accept delivery of any goods from Floral Logix.
1. DELIVERY INFORMATION
For all orders received from the website before noon and are marked as “Same Day” Delivery, we will make every effort to attempt to deliver your order in the requested timeframe. However, when there are circumstances beyond our control (traffic, weather, incorrect delivery information, etc.) or if product is not available, we will attempt to provide you with the next available option.
2. SUBSTITUTION POLICY
From time to time, substitutions may be necessary to ensure that the product you ordered is delivered on time and with the highest quality standards. All substituted items will be made with items of equal or greater value. If this cannot be done, you will be contacted for further instructions.
When you order flowers from our web site, we understand that your decision to purchase a certain arrangement is based on the picture that you see. The colors, type of flowers, type of container all are part of the selection process. Our florists will make every attempt to create the arrangement that you selected. In case that a different color of flower or a different type of flower will be used it will be of equal or greater value, and if necessary, we will contact you for approval before the order is fulfilled.
For all orders of green and blooming plants, we will make every attempt to deliver the plant that most resembles the web site’s description regarding the type and height of the plant. If a plant needs to be substituted for any reason, then the replacement plant will be of equal or greater value, and if necessary, you will be contacted for further instructions. If the plant is considered to be a “One of a Kind” type plant, every attempt will be made to use the correct color and size, but in a case of a substituted one of a kind plant, it will be done at equal or greater value, and if necessary you will be contacted for further instructions.
ALL ITEMS SOLD "AS-IS" OR "WITH ALL FAULTS". FLORAL LOGIX DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES "HOT LINKED" TO THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL FLORAL LOGIX BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF FLORAL LOGIX IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ANY CLAIM RELATED TO THE INFORMATION ON THIS WEB SITE WILL BE GOVERNED BY THE LAWS OF TEXAS WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEB SITE, THE PARTIES IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE COURTS IN HARRIS COUNTY IN THE STATE OF TEXAS, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A STATE CLAIM INVOLVING THIS AGREEMENT OR WEB SITE AND TO THE FEDERAL DISTRICT COURTS, DISTRICT OF TEXAS, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A FEDERAL CLAIM INVOLVING THIS AGREEMENT OR WEB SITE.
6. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES FLORAL LOGIX'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE ITEMS SOLD. FLORAL LOGIX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE ITEMS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. FLORAL LOGIX SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT FLORAL LOGIX HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
7. GENERAL TERMS AND CONDITIONS
An order is not binding upon Floral Logix until it is accepted. Floral Logix must receive payment before it will accept an order. Payment for item(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Floral Logix. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Your total cost for purchase of any item will include shipping and handling charges shown on Floral Logix invoice.
Title and Risk Of Loss
Floral Logix will arrange for shipment of ordered item(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning Title to the item(s) and Risk Of Loss passes to the Customer upon delivery to the carrier. Floral Logix reserves a purchase money security interest in the item(s) until its receipt of the full amount due. Customer agrees to allow Floral Logix to sign appropriate documents on Customer's behalf to permit Floral Logix to protect its purchase money security interest. Floral Logix will advise Customer of estimated shipping dates, but Floral Logix will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Floral Logix and Customer shall be governed by the laws of the State of Texas, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Floral Logix and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Texas,Harris County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Floral Logix that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable laws of the State of Texas.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with Floral Logix' invoice regarding the items ordered by Customer, are the complete and exclusive agreement between Floral Logix and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Floral Logix and Customer relating to the subject items. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.