Terms & Conditions - Privacy
Terms of Use
This Website is operated by Venus et Fleur, LLC. All inquiries may be directed to:
Venus et Fleur
[email protected]
800-808-9830
Your use of this Website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the venusetfleur.com Website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Venus et Fleur, either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. 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 and Conditions, please do not use the venusetfleur.com Website.
Use of Website
The venusetfleur.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Venus et Fleur’s goods and services and/or to otherwise transact business with or contact Venus ET Fleur, 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 Venus ET Fleur without notice. This policy is intended to protect the privacy and freedom of Venus et Fleur’s customers and the personal relationship Venus et Fleur works to develop with its customers and others authorized to use its Website.
If you have opted in for email and/or SMS updates, you will receive communication from Venus et Fleur and collaborating brands, but only when it is relevant to the product, collection, or terms you have opted in for.
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.
Except as otherwise provided in these Terms and Conditions, we shall not be liable for any loss or damage of any kind, which you may incur as a result of our refusal to accept or our cancellation of 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 Venus ET Fleur. 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
Venus ET Fleur cannot confirm the price of an item until after your order is placed.
Pricing errors may occur on the Venus ET Fleur website. Venus ET Fleur 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 Venus ET Fleur. Venus ET Fleur may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Venus ET Fleur website vs. products in store.
No Refunds
As all of our products are live florals, all sales are final and no refunds or store credit will be issued.Cancellation/Refunds
Orders cannot be canceled once Venus ET Fleur 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 call 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 to or cancellation of an order can only be made with Venus ET Fleur’s prior written approval and additional charges may apply. Any agreement by Venus ET Fleur to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Venus ET Fleur to that point, and you agree that such amounts may be deducted from any payments previously made to Venus ET Fleur. During routine website maintenance, any pricing issues may not be honored and orders may be canceled and refunded when improper rates are applied.Accordingly, we encourage you to carefully check your order before submitting it.
Quotes/Custom Orders/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 Venus ET Fleur places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express, DHL, Hand Delivery) for customer delivery. Venus ET Fleur is not liable for any loss, theft, or damage to goods once they have been handed over to a carrier service for delivery to the customer.
If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. 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 cooperate 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 Venus ET Fleur 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 Venus ET Fleur 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 Venus ET Fleur’s marketing and promotional purposes, unless specifically requested in writing by you not to do so. We respect the rights of individuals under GDPR, including data access, rectification, deletion, and portability. If we process the personal data of individuals in the EU, we ensure GDPR compliance. Depending on our operations, we may appoint a Data Protection Officer (DPO) responsible for overseeing GDPR compliance. We also ensure we have Data Processing Agreements (DPAs) in place with third-party services. For customers outside the EU, we adhere to other data protection laws such as the UK's GDPR, Canada's PIPEDA, or Brazil's LGPD. We use a cookie consent management platform, especially for customers from regions with strict cookie laws (i.e GDPR compliance in the EU). Our cookie policy clearly explains what cookies are used for, what data they collect, and how users can control them.
Warranty
Venus ET Fleur represents that it has the right to provide its products, but otherwise the goods are supplied “as is”, with no warranties, either express or implied, oral or written. Specifically, we do not warrant that the products are fit for any particular purpose you may intend.
SMS Communications Consent
By entering your mobile phone number at the checkout stage, you expressly consent to receive SMS messages from Venus et Fleur for the purposes of recovery of abandoned checkout processes. This consent is a condition of purchase and allows Venus et Fleur to send you one or more automated SMS messages regarding your cart's status, exclusive offers to assist in completing your purchase, and checkout recovery.Opt-Out Option
You acknowledge that message and data rates may apply to these communications and that you may withdraw your consent and opt-out of receiving SMS messages from Venus et Fleur at any time. To opt-out, please reply STOP to any message you receive or contact Venus et Fleur customer service directly with your request.Privacy Assurance
Venus et Fleur respects your privacy. Your opt-in for SMS communications for abandoned checkout recovery does not constitute a general consent for marketing messages, and your phone number will not be used for any other purposes without your express consent.Limitation of Liability
Except for cases of gross negligence or intentional misconduct by Venus et Fleur, to the maximum extent permitted by applicable law, Venus et Fleur 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).Submissions and Use of Community Features
We welcome your comments regarding the venusetfleur.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to venusetfleur.com shall be and remain the exclusive property of Venus ET Fleur. Your submission of any such Comments shall constitute an assignment to Venus ET Fleur of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Venus ET Fleur 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.The Fleur Frame - 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. You are giving Venus Et Fleur and its affiliates a non-exclusive license to use the content you submit which can’t be revoked by you except where permitted by law. We will not independently confirm that you, the submitter, has legal rights to 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 cooperate 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.Venus ET Fleur reserves the right, in its sole discretion, to reject, delete, move, re-format, remove, or refuse any content submitted to our site for any reason. Without limitation, we may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Use or any applicable Additional 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 in any manner at our sole discretion. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Venus ET Fleur using the images you supply.
You agree to forever release, discharge, indemnify, defend, and hold harmless Venus ET Fleur from and against, and covenant not to sue for, any claims, actions, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, including but not limited to any claims for defamation or infringement of publicity, privacy or “moral” rights arising from or in connection with the distribution, display and/or use of the content, or arising out of or related to any breach of any of the above representations and warranties.
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 Venus ET Fleur 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 Venus ET Fleur’s marketing and promotional purposes, unless you explicitly instruct us in writing not to use these photographs for such purposes.
Intellectual Property Rights
The content on the venusetfleur.com Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks and logos contained therein (“Intellectual Property”), are owned by or licensed to Venus et Fleur, LLC, subject to copyright and other intellectual property rights under United States and international laws and conventions. Intellectual Property on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Venus et Fleur, LLC. Venus et Fleur, LLC reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein, including any use, copying, or distribution of Intellectual Property of third parties obtained through the Website for any commercial purposes.
Venus et Fleur, LLC acknowledges and agrees that it does not claim any ownership over any content that you, the user, submit, post, or display on or through the Website, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). However, by submitting, posting or displaying content on or through the Website, you grant Venus et Fleur, LLC a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such content on the venusetfleur.com Website for the purpose of promoting Venus et Fleur, LLC and its products and services.
You represent and warrant that you own the rights to the content you submit, post or display on or through the Website or otherwise have the right to grant the license set forth in this section, and the posting of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Dispute Resolution
In the event of a dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity, or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the American Arbitration Association's Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. If the dispute cannot be resolved by mediation within forty-five (45) days of the initiation of the mediation, then the dispute shall be submitted to final and binding arbitration under the Rules of the American Arbitration Association. The arbitration will take place in New York, New York, and shall be conducted in the English language.The arbitrator's decision shall be final and binding on the parties, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Except as required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Venus et Fleur, LLC and the customer agree that each may bring claims against the other only in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both Venus et Fleur, LLC and the customer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Force Majeure
Venus et Fleur, LLC shall not be held responsible for any delay or failure in performance of any part of its services, delivery of goods, or other obligations as set forth in these Terms and Conditions, from any cause beyond its control. This includes, but is not limited to, acts of God, changes in laws or regulations, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. In the event of such a force majeure, Venus et Fleur, LLC will make all reasonable efforts to notify the customer promptly and shall seek to find a reasonable solution to fulfill its obligations under these Terms and Conditions.
