TERMS AND CONDITIONS www.freshcutfloralsupply.com is owned and operated by Fresh Cut Flowers, Inc. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE. YOUR USE OF THIS WEBSITE INDICATES THAT YOU AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED ON OUR WEBSITE. THIS SALE AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN THE CUSTOMER AND FRESH CUT FLOWERS, INC.. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. Fresh Cut Flowers, Inc. may change the Terms and Conditions at any time, without notice, by posting the amended terms on www.freshcutfloralsupply.com. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. As such, we recommend you to review our Terms and Conditions whenever you use our website.
Intellectual Property Rights All materials appearing on our website, including graphics, text, logos, images, pictures, data, information, and other material or content, are the sole property of Fresh Cut Flowers, Inc . You may view, download, electronically copy and print hard copy portions of this site for the purposes of placing an order with Fresh Cut Flowers, Inc., or only for your own non–commercial use as permitted by the fair use privilege U.S. copyright laws. Except as expressly provided above, any use including but not limited to, download, upload, copy, print, display, perform, reproduce, distribute, transmit, republish, modify, license or post any information from our website, in part or in whole, is strictly prohibited without written permission. please email us at support@freshcutfloralsupply.com. If you wish to obtain an authorization. Fresh Cut Flowers, Inc. reserves the right at to block or remove communications and revoke the privileges of any users of this website who abuses the terms and conditions as described herein.
Registered Accounts Viewing and/or accessing certain areas of this website requires registration and the selection of a unique password. When you register, it is your responsibility to maintain the confidentiality of the password and the account, and you are fully responsible for any and all activities that occur through the use of that password. Furthermore, you must represent and warrant that the registration information you provide on www.freshcutfloralsupply.com is complete and accurate and that you will notify Fresh Cut Flowers, Inc. of any pertinent changes to your registration information, or if you suspect any unauthorized use of your password. By registering to purchase merchandise on our website you are a representing that you are at least 18 years old and that the credit card used for purchases is valid and you have full authority to use it to submit an order through this website. Furthermore, you must be a legal company and provide us with a valid resale number. freshcutfloralsupply.com does not sell to the public. We reserve the right to refuse service, decline or cancel orders, terminate accounts, and remove or edit content at our sole discretion. Some orders may require additional account verification or business information prior to acceptance.
Payment Options Terms of payment are at the sole discretion of Fresh Cut Flowers, Inc. Payments on invoices are due immediately, with the exception of accounts pre-approved by and in good standing with Fresh Cut Flowers, Inc., or unless prior arrangements have been made. In the case of back orders or orders that have products shipping from different warehouses, we may invoice parts of an order separately. We generally accept cash (local customers only), Visa, MasterCard and Discover credit cards, company checks, money orders, cashiers checks, and company purchases on approved credit. Orders placed by company check, may be held until the check clears at the sole discretion of Fresh Cut Flowers, Inc. Please contact us for credit approval by email at support@freshcutfloralsupply.com or by phone at 866–783–8100. We reserve the right to charge your credit card in full at the time the order is placed with us. Credit card orders shipped to a location other than your billing address may require additional verification. For any approved credit account, past due balances incur a 2% per month finance charge. Accounts that become 45 days past due may be placed in "Cash On Delivery" or “Credit card upon Order” status. Such COD accounts will also be required to make a payment toward outstanding balances with every order in an amount agreed to by both parties. Payments received on any account will be allocated at our discretion. Any payment received from a customer with a past due balance will be allocated first to finance charges (if applicable), then to service charges (if applicable), then to the oldest balances. In the event that your account is turned in for collection or legal action, you agree to pay all court costs, attorney’s fees and other reasonable expenses involved in the collection of the debt. It is agreed that all transactions originate in the county of Kane in the state of Illinois and that any and all legal actions will be brought in said county and state. We do not accept post dated checks. Any checks returned to us for insufficient funds will be assessed a $35.00 service charge. We reserve the right to perform credit checks on new accounts in order to determine credit–worthiness. All customers are required to provide us with a valid copy of their resale tax certificate or tax exempt certificate for non-profit organizations. Fresh Cut Flowers, Inc. will not ship any orders without this information on file. All prices are quoted in U.S. currency and all orders must be paid in the same currency.
Accuracy of Information Our goal at www.freshcutfloralsupply.com is to be as accurate as possible. However, Fresh Cut Flowers, Inc. cannot and does not warrant that the product descriptions, pictures, prices, stock quantity, or any other content on the website is complete, current, or error free. In the event that a product is listed with a typographical error, incorrect price, or incorrect information due to an error, we reserve the right to refuse or cancel any orders placed for products listed with the incorrect information. We will contact you if such mistake is discovered to discuss the available options and/or issue credits for any credit card charges already completed. Fresh Cut Flowers, Inc. reserves the right to change the availability, minimum order quantity, and pricing of our products, without notice, at any time. Product availability may change at any time. We reserve the right to refuse any order due to unavailability or discontinuation of said item. Please note that due to varying monitor settings, product colors may not be accurately displaying on your computer.
Product Availability and Pricing Fresh Cut Flowers, Inc., is a floral wholesale company. Our website, catalog, featured items etc. are intended for those engaged in the business of buying and selling wholesale flower supplies. We will make every attempt to ensure that our orders are delivered as ordered; however, Our prices are subject to availability and can change without notice. Any order is subject to cancellation if the materials ordered are lost or damaged due to flood, drought, fire, frost, hail, contamination, errors in the inventory or count or any other cause or act of God beyond our control. Any discount appearing on an invoice or acknowledgement is discretionary and shall never be deemed as constituting a continuing discount. All prices are in U.S. funds and are FOB South Elgin, IL. Shipping and handling charges are invoiced at our cost. Buyer assumes all shipping expenses. Buyer accepts full risk of any losses during shipment.
Warranty Disclaimer This website and the products therein are provided on an "AS IS" and "AS AVAILABLE" basis, without representations or warranties of any kind either expressed or implied, to the fullest extent possible pursuant to the applicable law. Fresh Cut Flowers, Inc. does not warrant that our site or any services offered on our site will be uninterrupted or error–free. We specifically disclaim all warranty expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or use, or other violation of rights. Customers expressly agree that the use of this site is at your sole risk. Limitation of Liability You agree that under no circumstances shall Fresh Cut Flowers, Inc., or any of its officers, associates, employees, representatives, designers, contractors, distributors, merchants, sponsors, successors, agents, or third–party content–providers, be liable for any direct, indirect, incidental, special, or consequential losses or damages related to products sold, content, services, or the use, or inability to use, of our website. You expressly agree that this limitation of liability is comprehensive and applies to damages of all kind, including but not limited to, general, special, exemplary, direct, indirect, compensatory, consequential, punitive, incidental, or otherwise, damages for loss of business profits, income, revenues, data and use, information, or any other pecuniary loss, arising of the use of your access to, and use of the information made available on www.freshcutfloralsupply.com. If applicable law does not allow the limitation of liability set forth above and this limitation of liability does not apply to you, or if it is found to be invalid or unenforceable for any reason, then the aggregate liability of Fresh Cut Flowers, Inc. shall not exceed one hundred dollars ($100).
Shipping Policy Most orders in by 1pm central time are shipped the same day via UPS delivery service. Fresh Cut Flowers, Inc. may at its sole discretion, deliver products that are in stock in its own warehouse via their local delivery vehicles within our normal daily delivery areas. All orders placed after 1pm central time will be shipped the next day. Many items will be shipped from our manufacturer’s warehouses and the customer will be billed for actual shipping and handling from said manufacturer’s location. The delivery charge via our vehicles is $12.00 with a $200 minimum purchase. Purchases under the minimum amount can be picked up at our warehouse, or will be shipped via UPS ground service. These carrier's delivery charges depend on the weight and location where the flowers are being shipped. Overnight service is available via FedEx and all applicable charges will be billed to the customer. UPS Ground and FedEx overnight shipments will arrive Tuesday through Saturday only (Saturday service only where available). To find out if Saturday service is available in your area, or if you would like to receive more information about the available delivery options, please free to contact us via email support@freshcutfloralsupply.com or by phone at 866–783–8100. As most merchandise purchased from this website is pursuant to a shipment contract, the risk of loss and title for these orders pass to the buyer upon the pickup made for the merchandise by the shipping carrier. Please note that our shipping carriers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. Fresh Cut Flowers, Inc. does not take responsibility for interruptions or delays due to the following: 1.) forces of nature beyond reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, inability to obtain necessary supplies, industrial or labor dispute, etc., 2.) incorrect address and/or zip code provided by the sender 3.) national or local disruptions in air or ground transportation, 4.) unsuccessful deliveries due to the recipient not being present at the time of delivery. Indemnity You agree to indemnify and hold Fresh Cut Flowers, Inc. and any of its officers, associates, employees, representatives, designers, contractors, distributors, merchants, sponsors, successors, agents, or third party content providers harmless from any and all liability, claims, loss or demand, including without limitation reasonable attorneys' fees and expenses, resulting from your use of our website in violation or breach of these terms and conditions.
Cancellation Policy Since orders are billed and shipped usually within 24 hours of being placed, cancellations are nearly impossible. We will however, do our best to accommodate your requests if you wish to cancel or change your order within a few hours of being placed. We cannot guarantee under any circumstance that a cancellation request will be honored.
Return Policy Your satisfaction is our ultimate goal and as such returns are handled on an individual basis. Please contact us via email at support@freshcutfloralsupply.com or by phone at 866–783–8100 to report any problems with your order. Any claims arising from unsatisfactory quality of stock or breakage must be reported within 24 hours of receipt and must be held for advice as to disposition. Beyond those timeframes materials shall be deemed to be accepted in good condition. Fresh Cut Flowers, Inc. will not consider any claims that arise after delivered materials have been used, processed, stored improperly, or otherwise altered. All products must be returned to be considered for credit. We will not issue any credits for merchandise that has not been returned to us unless Fresh Cut Flowers, Inc. states otherwise in writing. Shipping costs are non refundable but replacement products will be shipped at our cost. In certain situations, we may grant special permission to submit pictures of the damaged product clearly showing impairments to the item. In these instances, the pictures must be taken and emailed to us the following way: 1.) We must receive the pictures showing the damages within 24 hours of the delivery of the product. 2.) Proof of purchase must be shown on the picture together with the damaged item. Proof of purchase would be in the form of the invoice included with your shipment and the packaging showing our shipping label. Once we receive the pictures and a brief description of your request (please include your order and/or invoice number), we will investigate your claim and determine the validity and the value of the credit. We reserve the right to deem products shown on the pictures satisfactory and decline the issuance of any credit. Please note that processing your return may take up to 10 business days. Refunds granted will be issued for the purchase price of the product only and to the credit card used at the time of the purchase. SHIPPING CHARGES CANNOT BE REFUNDED.
Privacy Your privacy is very important to us; therefore, we never sell, rent, or trade your personal information to a third party. Your information will only be collected for our use in connection with the sale, delivery, and promotion of our products. We constantly seek for high standards of security measures and take reasonable precautions to safeguard all data transmitting between visitors and the site and information stored on our servers. In addition, we will always ask you to enter a valid user name and password before accessing your account information. However, as no security system can be guaranteed to be 100% secure over the Internet, we must ask you to provide information on our website at your own risk. .
