Terms of service - privacy policy
This Website is operated by Evergreen Roses, LLC.
All inquiries may be directed to: Evergreen Roses
info@evergreenroses.com
Your use of this Website is governed by these Terms of service, and constitutes your agreement to follow these rules and to be bound by them. By placing an order with Evergreen Roses through our Website or by any other medium, you are agreeing to our Terms of service. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms of service, please do not use the evergreenroses.com Website.
USE OF EVERGREEN ROSES WEBSITE
The evergreenroses.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving goods and services of Evergreen Roses and/or to otherwise transact business with or contact Evergreen Roses, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Evergreen Roses. This policy is intended to protect the privacy and freedom of our customers and the personal relationship Evergreen Roses works to develop with its customers and others authorized to use its Website.
CONFIRMATION OF ORDER
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information.
We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Other than as set out in these Terms of service, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.
PAYMENT
You must pay in full by debit, credit card or PayPal Secure Checkout in advance when you submit an order through our Website.
Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Evergreen Roses. If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.
PRICING INFORMATION
Evergreen Roses cannot confirm the price of an item until after your order is placed.
Pricing errors may occur on the Evergreen Roses website. Evergreen Roses reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Evergreen Roses. Evergreen Roses may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
NO REFUNDS
As all of our products are live florals, all sales are final and no refunds or store credit will be issued. Exemptions applied.
CANCELLATION AND REFUNDS
Orders cannot be cancelled once Evergreen Roses has begun processing the order. In order to promptly deliver our arrangements as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. However, should you wish to change or cancel your order, you are welcome to email us to check whether the processing of an order has commenced, and if it has not we may be able to accommodate your request to cancel and will do our best to meet your needs. Any changes or cancellation of an order can only be made with our prior written approval and additional charges may apply. Any agreement by Evergreen Roses to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Evergreen Roses to that point, and you agree that such amounts may be deducted from any payments previously made to Evergreen Roses. During routine website maintenance, any pricing issues may not be honored and orders may be cancelled and refunded when improper rates are applied.
Accordingly, we encourage you to carefully check your order before submitting it.
QUOTES, CUSTOM ORDERS AND CHANGES
The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.
Price quotes are good for thirty (30) days.
DELIVERY
Delivery will be deemed to have taken place at the time Evergreen Roses places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express, DHL, Hand Delivery) for customer delivery. Evergreen Roses is not responsible for lost, stolen or damaged goods once an order leaves our possession.
Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.
COPYRIGHT
You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms.
Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Evergreen Roses using the images you supply.
For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Evergreen Roses to reproduce the images has been obtained.
We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for Evergreen Roses’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.
WARRANTY
Evergreen Roses warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Evergreen Roses shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Evergreen Roses.
SUBMISSIONS AND USE OF COMMUNITY FEATURES
We welcome your comments regarding the evergreenroses.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to evergreenroses.com shall be and remain the exclusive property of Evergreen Roses. Your submission of any such Comments shall constitute an assignment to Evergreen Roses of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Evergreen Roses will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
DISCLAIMER
This Website and all contents of this Website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Evergreen Roses shall not be liable for any damages of any kind related to your use of this Website.
IDEMNIFICATION
You agree to defend, indemnify and hold Evergreen Roses harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of this evergreenroses.com Website in violation of these Terms of service.
PRIVACY POLICY
Evergreen Roses values your privacy while you are shopping on our Website. Evergreen Roses does not sell or share any personal information gathered from our Website. In order to process orders we need to obtain certain information such as your name, shipping and billing information, phone number, email and credit card information. Transactions on our Website are secured and our Website does not store your credit card information.
GENERAL
You agree that: (i) the services being provided and goods sold by Evergreen Roses shall be deemed solely based in Washington state; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Evergreen Roses, either specific or general, in jurisdictions other than Washington state. These Terms of service shall be governed by the internal substantive laws of the Washington state, without respect to its conflict of laws principles. Any claim or dispute between you and Evergreen Roses that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Pierce County, Washington. These Terms of service, and any other legal notices published by Evergreen Roses on the Website, shall constitute the entire agreement between you and Evergreen Roses regarding your use of our Website. If any provision of these Terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of service, which shall remain in full force and effect. No waiver of any term of these Terms of service shall be deemed a further or continuing waiver of such term or any other term, and Evergreen roses’s failure to assert any right or provision under these Terms of service shall not constitute a waiver of such right or provision. Evergreen Roses reserves the right to amend these Terms of service at any time and without notice, and it is your responsibility to review these Terms of service for any changes. Your use of the Website following any amendment of these Terms of service will signify your assent to and acceptance of its revised terms. YOU AND EVERGREEN ROSES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
MOBILE MESSAGE SERVICE TERMS AND CONDITIONS
The Evergreen Roses mobile message service (the "Service") is operated byEvergreen Roses LLC (“EvergreenRoses”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting toEvergreen Roses's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Evergreen Roses through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase withEvergreen Roses. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (877) 358-2495 or click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to otherEvergreen Roses mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to+1 (877) 358-2495 or email info@evergreenroses.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Evergreen Roses, Sumner, WA, 98390