Terms & Conditions - Privacy
This Website is operated by Venus ET Fleur, LLC.. All inquiries may be directed to:
Venus ET Fleur
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. 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.
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 and Conditions, 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.
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 If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees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.
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.
As all of our products are live florals, all sales are final and no refunds or store credit will be issued.
Orders cannot be cancelled 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 cancelled and refunded when improper rates are applied.
Accordingly, we encourage you to carefully check your order before submitting it.
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 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 responsible for lost, stolen or damaged goods once an order leaves our possession.
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.
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 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.
Venus ET Fleur 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, 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) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Venus ET Fleur.
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.
VENUS ET FLEUR LOYALTY PROGRAM TERMS AND CONDITIONS
The terms and conditions outlined in this Loyalty Program agreement (the “Loyalty Agreement”) govern membership in the VEF Rewards Loyalty Program (“Program”). Participants in the Program are subject to the terms and conditions herein.
The Program is offered at the sole discretion of Venus et Fleur LLC or its affiliates or subsidiaries (“Venus et Fleur” or “we”). Membership in the Program is voluntary. No purchase or payment of any kind is necessary in order to enroll in the Program. The Program is available to individuals for their personal use only and is limited to one account per individual. Employees of Venus et Fleur and their dependents are not eligible to enroll in the Program. Venus et Fleur reserves the right to limit the number of participants in the Program.
Eligible individuals may enroll in the Program by visiting venusetfleur.com (collectively, the “Site”), creating an account, and joining the Program. Individuals who already have an account on the Site are automatically enrolled in the Program. You may be required to provide your full name, telephone number, mailing address, email address, and other type of personal information and to create a password in order to enroll. Once you provide this information, you will be enrolled in the Program and provided a Member account. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. Members must provide the required information to be enrolled and to be eligible for benefits and rewards, such as free gifts with purchase (“Rewards”). Only one Member account may be associated with a single email address. In the event of a dispute over ownership of the Member account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of this Loyalty Agreement, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
The Program is a rewards program that benefits its Members with points every time they shop. You may earn points (“Points”) for each dollar you spend on online transactions on venusetfleur.com, excluding federal, state, and local taxes, shipping charges, employee discounts, commercial account purchases, charitable donations, returns, refunds, and items purchased with a gift card, merchandise credits or any Rewards or other awards (“qualifying purchases”). For your purchase to qualify to earn Points, you must be signed into your Member account at the time of purchase; or provide your Program member identification (that is, the email address you registered under the Program) when making a qualifying purchase. If you return items from a qualifying purchase, the appropriate number of Points will be automatically deducted from your account balance. Venus et Fleur may also, at its sole discretion, provide additional Points in connection with certain transactions and promotions. You are able to earn Points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you earn Points and reach a certain loyalty tier, you may be eligible for certain Rewards applicable to that tier, which may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn Points and reach Program loyalty tiers will be posted on the Site or may be published through other media (for example, in marketing communications and social media). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
Points have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Only the Member paying for products in a qualifying purchase may accumulate Points or Rewards. Points do not constitute property of any Member or other person and may not be brokered, bartered, pledged, gifted, sold or otherwise transferred for consideration, other than by Venus et Fleur or as expressly provided for in this Loyalty Agreement, and any receipt or use of Points in violation of the terms and conditions herein will render such Points void. Neither accounts nor Rewards or Points may be shared or combined. Points earned are not eligible for redemption for 72 hours once they are awarded. Points are not capable of being combined or transferred to any other type of Venus et Fleur promotion or award. After 48 months of inactivity, Points may expire. Inactivity is defined as a period in which a Member earns no Points or redeems no Points.
REWARDS & REDEMPTION:
The number of Points necessary to earn a Reward is determined by Venus et Fleur in its sole discretion and may be changed without prior notice to you. You may view how many Points you have accumulated by signing into your online Venus et Fleur account and visiting your account details. You may redeem Rewards by accessing your account at venusetfleur.com. Once you select your Reward, you will receive a unique code (“Code”), which you must enter at checkout with your purchase. Points used to redeem a Reward will be deducted from the total Points available in your Member account. Points may not be used towards purchases of Venus et Fleur gift certificates, charitable items, promotional value sets, sales tax, or shipping charges. We reserve the right to change Rewards, how you earn Points and reach each Program tier and how we evaluate and reward your eligible purchases and other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program or for any given tier, the number or types of Rewards you may receive or earn in any given tier, in a given time period or for the duration of the Program, or any combination thereof. Rewards can only be redeemed on the Site, unless otherwise expressly authorized by Venus et Fleur. You cannot combine Rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. The products available through the Program are for your personal use only. You may not sell or resell any of the products you purchase or otherwise receive from us through the Program. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled or any products to be provided to you that we believe, in our sole discretion, may result in a violation of this Loyalty Agreement. The Rewards and the Codes may expire in the event the Member does not redeem them in the 12 months following their issuance.
As a member, you may periodically receive marketing emails from Venus et Fleur about the Program. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you as it relates to your membership in the Program. Examples of these include the welcome email, Rewards updates, etc.
ADDITIONAL REWARDS REDEMPTION:
Venus et Fleur reserves the right to cancel, modify or restrict any aspect of the Program at any time with or without notice. Membership in the Program may be revoked at any time. Membership is nontransferable. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to revocation of Membership and will affect eligibility for further enrollment in the Program. Further, Venus et Fleur reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Program, fails to follow any terms of the Program, or makes any misrepresentation to Venus et Fleur. Program purchases, as reflected in Venus et Fleur records, shall be deemed correct and Venus et Fleur reserves the right to determine the qualification for any transaction and to correct or modify the Reward at any time based on Venus et Fleur records and calculation of account information. Venus et Fleur is not responsible for communications or Rewards lost due to an inaccuracy in or change of address or other contact information. The Program shall be governed by the laws of the State of New York, U.S.A., without regard to its conflict of laws and principles. Further, Members in the Program submit solely to the jurisdiction of state or local courts in the state of New York for adjudication of disputes arising from this Loyalty Agreement. Taxes on Rewards may apply where required by law. Any tax liability, including disclosure, is the sole responsibility of the Member. From time to time, Rewards balances and values will be updated in the Program. Please check your account details for the most up-to-date Point balances. Venus et Fleur may waive compliance with these terms and conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, Venus et Fleur’s failure to exercise any of its rights under this Loyalty Agreement or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact us by emailing firstname.lastname@example.org. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue you encountered. For more information about the Program or your Member account, email us at email@example.com.
The Program has no predetermined termination date and may continue until such time as Venus et Fleur, at its sole discretion, elects to designate a termination date for the Program. In the event that the Program terminates, Venus et Fleur will notify you of the termination date. Venus et Fleur reserves the right, in its sole discretion and without notice, to expire a Member’s account after one year of account inactivity. No extensions, cash refunds or other exchanges will be allowed for Points that have been removed from an account based on inactivity. Venus et Fleur reserves the right to deactivate an Account in which Points were obtained as a result of fraudulent activity or technical failures of any kind. In order to reactivate an account, or if you want to cancel enrollment in the Program or request not to be communicated you must notify Venus et Fleur at firstname.lastname@example.org. All accrued Points will be lost if your Member account expires or is canceled, and you will not be able to redeem any remaining Points for Rewards.
LIMITATION OF LIABILITY AND ADDITIONAL TERMS:
BY ENROLLING IN THE PROGRAM AND REDEEMING THE REWARDS, THE MEMBER AGREES THAT VENUS ET FLEUR AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, WITH THE EXCEPTION OF ERRORS IN POSTING POINTS TO ACCOUNTS. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP
APPLICATION, DATA, CORRESPONDENCE, OR REWARDS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF CREDITS OR REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES, AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D ) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF CREDITS FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM RULES, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE SITE AND THE REWARDS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SECTION WILL SURVIVE TERMINATION OF MEMBER’S ENROLLMENT IN THE PROGRAM.