Terms of Use
Effective Date: [Insert Date]
The use of this website and the services provided on this website by Orchidée Palm Beach (hereinafter referred to as the “Company”) are subject to the following Terms of Use (hereinafter the “Terms”), all parts and sub-parts of which are specifically incorporated by reference herein. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as the “Website”) and any services provided by or on this Website (“Services”).
Orchidée Palm Beach, Company, Us, We, Our, Ours, and other first-person pronouns will hereinafter refer to the Company, as well as all employees and affiliates of the Company. You, as the user of the Website, will hereinafter be referred to with second-person pronouns such as You, Your, Yours, or as User or Client. Collectively, the parties to this Agreement (the Company and You) will be referred to as the Parties.
BY USING THE WEBSITE, YOU WARRANT THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE LEAVE THE WEBSITE IMMEDIATELY. THE COMPANY ONLY AGREES TO PROVIDE USE OF THIS WEBSITE AND SERVICES TO YOU IF YOU ASSENT TO THIS AGREEMENT.
License to Use Website
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
Intellectual Property
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title, and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
User Obligations
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You are responsible for keeping Us apprised of any changes to Your identifying information.
You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing (email notification will suffice). You shall be responsible for maintaining the confidentiality of your User ID and Password and for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete, the Company has reasonable grounds to suspect such information is invalid and reserves the right to indefinitely suspend, terminate, or block access to your membership and refuse to provide you with access to the Website. The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
Privacy Information
We view the protection of Your privacy as a very important principle. Any personal information collected in relation to the use of this website will be held and used in accordance with the Orchidée Palm Beach Privacy Policy. Please review Our Privacy Policy, which also governs the Website and informs Users of Our data collection practices. If you object to your Information being transferred or used in this way, please do not use the Website.
Sales
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images of our living botanical art. However, due to factors including seasonal changes, natural variations in living plants, or availability, all products are subject to availability. The Company does not guarantee the absolute accuracy of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
If we need to make changes or substitutions, we will advise you as soon as possible, propose the most suitable alternative, and ensure it is of equal or higher quality and value.
For the sale of physical products, We may preauthorize Your credit or debit card at the time You place the order, or We may charge Your card upon delivery. You agree to monitor Your method of payment. Delivery costs and dates are subject to change from the costs and dates quoted due to unforeseen circumstances. You agree to ensure payment for any items You purchase from Us, and You acknowledge that prices are subject to change. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at info@orchidspalmbeach.com.
Special Offers
At our discretion, we may occasionally offer products at discounted prices. These offers are valid from the time we introduce them until the stated end date of the offer. They cannot be applied to purchases made before the introduction date or after the end date.
If a customer has made a purchase and the price of a product subsequently falls or is discounted due to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer retroactive special offer discounts for purchases that have already been completed.
As our special offers are often dependent on product availability, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. We also reserve the right to offer personalized special offers and promotions; therefore, only the customer in receipt of the specific special offer may redeem the discount.
Delivery
When purchasing Our products, You agree to provide Us with a valid email and shipping address, as well as valid billing information. Before placing your order, please review delivery information and pricing. To avoid problems or delays, you are advised to ensure that you have included full address details, including the accurate postcode of the intended recipient and a daytime contact telephone number or email address, so that we can notify you in the event of any delivery complications.
We are only responsible for delivering to the address you provide. Where the goods have been correctly delivered, we cannot accept responsibility if the intended recipient has moved, lives elsewhere, or if the actual receiver refuses or fails to return the item(s).
Certain orders will require a signature upon delivery. This applies to specific Products or locations involving third parties, such as offices, hospitals, funeral directors, airports, hotels, ships, and other business locations. The signature of any person authorized to accept delivery on behalf of the Client shall be accepted as proof of delivery to your chosen recipient.
Where the delivery driver is unable to find someone to accept delivery, they may deliver to a neighbor, leave the items in a safe location, or leave a card at the address for the recipient to make contact. We will contact you to advise where the goods have been left. If there is no safe place to leave the goods, they will be returned to our premises, and you will need to arrange pickup. We reserve the right to determine what constitutes a “safe” location. Should your goods need to be re-delivered, you will be required to pay an additional delivery fee.
In the event of difficulties delivering your order to the intended recipient, we reserve the right to contact the recipient using the details you provided at the time of purchase.
Replacement / Credit Policy
Because we deal in living botanical art, we stand behind the health of our specimens upon arrival.
If your orchid dies within the first 7 days of delivery, we will replace it free of charge.
If your orchid dies after the first 7 days but within 14 days of the delivery date, we will replace it with a 30% discount off the original price, plus the delivery fee and applicable sales tax.
We do not offer any replacement or replacement discounts after 14 days from the Orchid Arrangement delivery date.
- Weekly specials and in-store sale items are exempt from the replacement/refund policy and are considered final sale.
- Please include clear photos of the plant (one of the leaves, one of the flowers) with your email correspondence to process any claim.
No Refunds
All arrangements are final sale. Due to the delicate nature of live orchids and the environmental variables beyond our control once they leave our care, we regret that we cannot be responsible for the long-term health of the plants past the point of purchase and cannot offer monetary refunds.
Order Changes / Cancellation
Orchidée Palm Beach is unable to cancel or change orders already in process, en route, or delivered. Same-day orders are processed immediately by our artisan team and cannot be altered.
If you need to change an order that is not scheduled for next-day delivery, please CONTACT US immediately via email or phone.
Order Disputes
We work with trusted local delivery partners to ensure white-glove service. If you have not received your order, you can contact us by phone at +1 (561) 289-7867, or contact our designated delivery company within three (3) days of the scheduled delivery date. Three days after the scheduled delivery date, you may no longer dispute the order.
Substitution Policy
Rarely, substitutions of orchid varieties, botanical elements, or artisanal containers are necessary due to seasonal changes and availability. If this is the case with the arrangement you’ve selected, we will ensure that the style, color theme, and luxury quality of the chosen arrangement are preserved, and we will only substitute items of equal or higher value.
Electronic Communications
Visiting the Site or sending emails or other data, information, or communications to Orchidée Palm Beach constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Prohibited Use of Website
You agree not to use the Website or Services for any unlawful purpose. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company. If you have any doubts about the legality of your use of this Website, you should not continue any further.
Reverse Engineering & Security
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble, any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference with any host, user, or network.
Spam Policy
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Indemnification
You agree to defend and indemnify the Company and any of its subsidiaries (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
Third-Party Links & Content
We may include links to third-party websites (“Linked Sites”) at any time. However, the existence of a link to another website should not be considered an affiliation or partnership with a third party, nor viewed as an endorsement of a particular website unless explicitly stated otherwise. The Linked Sites are not under the control of the Company, and in the event the User follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including without limitation information, products, and services, available on third-party websites. Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
Modification & Variation
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
Service Interruptions
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
Term, Termination & Suspension
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
No Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND THAT ANY SERVICES PROVIDED BY US ARE ON AN “AS IS” BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. THE COMPANY MAKES NO WARRANTIES THAT THE WEBSITE OR SERVICES WILL MEET YOUR NEEDS OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY ALSO MAKES NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON THE WEBSITE OR OBTAINED THROUGH THE SERVICES. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, THROUGH YOUR COMPUTER SYSTEM, OR AS A RESULT OF LOSS OF YOUR DATA FROM YOUR USE OF THE WEBSITE OR SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT THE COMPANY IS NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORCHIDÉE PALM BEACH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, USE, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, FRAUD, STRICT LIABILITY, OR OTHERWISE, EVEN IF ORCHIDÉE PALM BEACH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
General Provisions
All communications made or notices given pursuant to this Agreement shall be in the English language. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.
Through Your use of the Website or Services, You agree that the laws of the State of Florida shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Palm Beach County, Florida. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of Florida. Each Party shall pay their own costs and fees. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part. Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Contact Information:
Orchidée Palm Beach
Worth Avenue Atelier & South Florida Nurseries
Email: info@orchidspalmbeach.com