Terms of Service
PLEASE READ CAREFULLY
BY USING THIS WEBSITE YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT VISIT THIS WEBSITE
This website ("Site") is operated by Lovingly, LLC ("we" or "Lovingly"). Lovingly provides the online e-commerce platform that allows to sell products and services to you. Donato's Floral is responsible for shipping/delivering the products and services to you. This website contains content provided by both Lovingly and Donato's Floral. The words "we", "us" and "our" refer to Lovingly.
PRODUCTS AND SERVICES
We reserve the right to limit the sales of the products or services to any person or geographic area. We may do this on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are offered. All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you on delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We provide the most accurate information on this Site as possible. However, we do not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error-free.
All products are sold on a non-returnable basis. However, we do provide a satisfaction guarantee. Please see our delivery policy for more information.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to contact you using the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
TRADEMARKS AND COPYRIGHTS
The trademarks, logos, and service marks (collectively the "Trademarks"), which you see on this Site, are registered and unregistered trademarks of Lovingly and Donato's Floral. All other Trademarks, product names, and company names and logos appearing on this Site are the property of their respective owners. Nothing in this Site gives you any license or right to use any Trademark displayed on this Site without the written permission of the owner of the Trademark. Your use or misuse of the Trademarks displayed on this Site, or any other content on this Site, is strictly prohibited.
You acknowledge that this Site contains information, data, software, photographs, videos, typefaces, graphics and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in this Section, or as permitted by the fair use privilege under U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
ELECTRONIC COMMUNICATIONS AND NOTICE
When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we think appropriate.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of a particular geographic location. Any references do not imply that such products will be made available within a particular geographic location. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. You understand that by using the Site you consent to having your personally identifiable information collected, used, transferred to and processed in the United States.
LINKS TO THIS SITE
Creating or maintaining any link from another web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
DISCLAIMER OF WARRANTY
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
You expressly agree that use of this Site is at your sole risk. Neither Lovingly nor Donato's Floral, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, "Providers"), warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site.
REVISIONS TO THESE TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If you do not agree to any of these terms or any future terms, do not use this Site.
You agree to defend, indemnify, and hold harmless Lovingly and Donato's Floral and respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of these Terms and Conditions by you and/or your activities in connection with this Site or any services related to this Site. Lovingly and Donato's Floral may participate in the defense of any claim. You shall not settle any claim that affects Lovingly or Donato's Floral without their prior written approval.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
CHOICE OF LAW; JURISDICTION
These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of New York, without giving effect to any principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim by you (or those claiming through you) arising out of your use of this Site or material appearing on this Site, will be resolved by binding arbitration conducted in New York and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Arbitration shall be conducted under the rules of the American Arbitration Association.
This Agreement contains the entire agreement between you and us with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site.