Terms of use

Terms of Use

All webusers, customers, buyers and anyone using our websites www.Lastingroses.com, are requested and required to read the following conditions upon making an order or request of delivery. If you do not agree, do not use this website and do not order. We have our terms set and written here so that everything will be more clear and there will be no misunderstandings. Although we have some strict guidelines, we will be as flexible as much as possible as long as you, the user, is also flexible. We strongly believe in working together in a win-win situation. Please note that the photos taken on the website are professionally taken, edited and the actual product received will vary and not look the same as the photos on the website. Flower products are live, real and will vary in shape, size, shade and color. Live products can be affected by natural conditions such as seasons, weather, temperature, etc. Please fully understand this before you order and make payment. We like to be honest and as straight forward as possible so everyone is clear and happy.

Highlights:

Add-on items

Bank Transfers

Cancellations

Disputes

Delivery Issues & Non Delivery

Delivery to hotels, temporary addresses

Terms and Conditions of Use

The following rules ("Terms and Conditions") govern the use of the Web site located at URL www.Lastingroses.com and the services offered on the site, such as but not limited to Express Delivery, Morning Delivery, Reminder Service, Affiliate Programs, Petalpoints, Beebates, Corporate Account, and the ability to order products and receive newsletters and promotional emails, and links (collectively, our "Site"). Please read the following Terms and Conditions carefully.

By using our Site, you understand and agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. The Terms and Conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Lastingroses.com. ("Lastingroses.com," "we", "us", "our", "the website", "site", and / or "company"). We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.

Copyrights and Trademarks of Lastingroses.com

Unless otherwise specified, all materials appearing on our Site, including the text, site design, site codes, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Lastingroses.comor our respective content providers, Copyright © 2000 - 2018, ALL RIGHTS RESERVED. All audio, photos, images and video clips are the sole property of Lastingroses.com or our respective content providers. The content and software on our Site is the property of Lastingroses.com and/or its suppliers and is protected by local and international copyright laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at WeCare@Lastingroses.com. All rights not expressly granted herein are reserved.

We may post legal notices and various credits on pages of our Site. If you duplicate, publish or otherwise distribute material on our Site, you may not remove these notices or credits or any additional information accompanying such notices and credits.

Accounts

You agree that you will not misuse or abuse account access and passwords. You agree that you will use only your password and that you will take all reasonable precautions to protect its secrecy.

Typographical Errors

In the event a product (including, but not limited to, flowers, plants and floral arrangements and gifts) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we reserve the right to make a substitution and deliver what we believe was intended to be placed or written on the website. We also reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. For orders that were already sent, no refunds are allowed. When using our website you agree to indemnify and hold us harmless of typographical errors and incorrect descriptions or wording and incorrect pricing. You have the right to not order from us if you do not agree upon our terms and conditions.

Currency differences

Due to the constant changes of currencies we use USD (US Dollar) as the final price. The currency other than the US Dollar may not be accurate or reflect the current market value. Should the currency listed on the website be different than the current currency rate, your billing will be based on USD. Any request for the currency differences will not be granted. In the event our currency is not updated, we will use the greater value between the currency and USD.

Prices on the website

The prices on the website may change at anytime. We may base our prices on the flower market prices as well as the market prices. If our suppliers prices increase, we have no choice but to also increase the website prices. During Valentine's this normally happens. If you had made an order a day ago but didn't make payment until the following day, the prices you find could have changed. If you order something but later we have some special promotions, we cannot refund you the difference. We base our price on the current situation. Also, we may not update the currencies on the website. If there are any currency differences, we will use the greater value.

Express Delivery charges

Express delivery charges is separate from the price of delivery. The Express delivery charge will be automatically added to the order for orders that are to be sent within 36 hours from the ordering time.

Morning or Night Delivery charges

Morning and night delivery are extra features that might be offered on the website. These services need to be ordered at least 24-36 hours in advance. These services are not guaranteed. If the Morning Delivery is ordered but the order ends up being delivered after 12:30pm, the morning delivery fee will be refunded. The rest of the order cannot be refunded once the order has been processed and dispatched.

Online Chat

We offer online chat services on our website which the software may be of third party companies such as Comm100, Yahoo Messenger, Skype, MSN and QQ are an addition to the services we already offer. Online chat services may not always be available. If we are not on chat, you may leave a message directly on the chat form or email us. We may hire third party call centers to take care of our online chat. We are not liable and shall not be liable for any misrepresentation resulting from online chat. Any agreement such as pricing, delivery times and terms shall be written in email and not done through the online chat. We are not liable for any agreement or claim done on the online chat, such as but not limited to, pricing, refunds, billing issues, item availability and/or delivery times.

Payments

We accept most all forms of credit card payments. We recommend using Paypal over Authorize.net as Authorize.net payments may require more verification. Authorize.net payment information must be exact otherwise the payment will most likely be declined. If payment is declined the order will not be processed nor scheduled and an email notification of the issue will be sent out. When payment is accepted an email notification will be sent information that the order is in progress. Once the order is scheduled, another email will be sent to confirm the schedule.

We may need to verify payment and identification for any issue or question of payment. Orders may be put on hold or cancelled with any issue or question about payment. Accepting payment does not constitute agreement nor guarantee order delivery. Payment and order confirmation does not reserve nor guarantee items and products availability. Products and items including flowers, gift basket items, fruit baskets and any non durable goods are often ordered at the markets on the day of the delivery date to ensure freshness however the item(s) may not be available or in stock.

Bank Transfers

We may not always accept bank transfers for payment. In the event we accept a bank transfer for payment we may need to use an unrelated or third party account to accept the money on our behalf. Fund transfers could result in extra charges and handling which is to be paid by the buyer. If funds received is less than the total order amount or the buyer has not paid the incoming fees of the transfer, we reserve the right to request the amount differences from the buyer or not send the order. In the event of a refund request, whether the order has been delivered or not, we will subtract all bank incoming fees and outgoing fees, restocking fees which may be no less than 20% of the total amount and only provide a shop/store credit. Restocking fees will most certainly apply to orders that we have already purchased the item(s) or prepared the item(s) for delivery.

Order Acceptance Policy

Your receipt of an electronic or other form of payment confirmations and Schedule confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order. Once an order has been sent, no refunds are allowed.

Order Fulfillment

We may have and/or contract a third party florist or company make order fulfillment. We may transfer your order to other florists, companies or contractors to make the full arrangement of your order. The third party florist, company or contractor most of the time need to contact the recipient of your order. The item or items delivered may vary (refer to the substitution policy). Items will not be the same as the photo(s) on the website. The photos on the website are only for reference. The photos on the website are professionally taken, edited and the actual product received will look different. We are not liable and shall not be liable for any misconduct of the third party florist, company and/or contractor. In the event there is a problem of fulfillment that was arranged by a third party we will try to resolve the issue between you, the recipient and the third party company. By using and ordering on our website you, the user and/or buyer agree to indemnify and hold harmless from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, to the extent caused by or arising out of or relating to the work of the third party florist, company and/or Contractor.

Add-on items

As we are primarily a florist, orders made must have a main floral product which primarily would be a flower bouquet. Not all florists can accept orders without a flower bouquet. Items such as cakes, chocolates, wine, teddy bears, fruits and fruit baskets are considered add-on items which are not considered a main floral product and if ordered may require additional handling charges to be fulfilled. Individual flower stems, which can be ordered in the custom flower section, that do not have the main flower bouquet is also considered an add-on item and would require a flower bouquet ordered together or additional handling charges for the order to be fulfilled by our florists. If the rquired flower bouquet or additional handling charges are not met, we have the right to refuse and not accept the order.

Delivery issues & Non delivery

It is important that the correct information is provided to ensure a successful gift delivery. Please ensure that your full name, phone number and email are correct. Please ensure that the recipient's full name, phone number and address are correct. We cannot be held responsible and refunds are not allowed for delivery problems which result from a problem with the address you provide, incorrect delivery information and the recipient not being at the address or no longer living at the address. If the recipient is not at the address at the time of delivery, your order may be left with any type of area management or security, neighbor or left the order at the recipient's door. If there are no other options available, the order may be returned and at a later time if the recipient can be reached a re-delivery may be made. Re-delivery fees may apply.

To emphasize the importance, please make sure to check that all the information you provide is correct. We are not and cannot be responsible and do not accept refunds for any failed deliveries due to delivery address issues, recipient issues such as recipient not at address or recipient not accepting the delivery. If the recipient does not accept or rejects the delivery, you agree to pay for the order in full and agree on no refunds. We cannot control your recipient's action and you take full risk and responsibility of the recipient and recipient's action. You agree that once the order is scheduled no refunds are allowed. You agree that once your order is signed by the recipient or by whoever signs your order on behalf of the recipient, your order is considered delivered.

For orders that you claim "Non delivery" or not delivered, we will check all the details and try to trace and track the order. If we found the order was not delivered, you can provide us with a new delivery date so we can reschedule the order delivery. If we found the order was not delivered with no attempt of delivery was made and you do not wish to reschedule the order, we will provide you a full refund.

Shipping and Delivery

Lastingroses.com, in conjunction with our service providers, will attempt to deliver a product on the requested day. Our service providers does not guarantee to telephone the recipient prior to delivering packages, and we cannot guarantee the time of delivery. If recipient of the order is not present at time of delivery, the order may be left at the location which may be unattended at the recipient's door step, recipient's lobby, a neighbor, a management company, security or any other place that the recipient can pick up and access at a later time.

We are not responsible if the recipient's address is incorrect or if the recipient does not pick up the order after we had made the delivery to the specified address. Should a re-delivery be necessary, a re-delivery fee may be charged. For orders that has been delivered the money cannot be refunded.

You are responsible in informing us the correct full name of the recipient, the dates and time that the recipient is at the location, and making sure the recipient will accept the order. Once the order is scheduled, you agree that no refunds are allowed. If the recipient rejects or declines the order for whatever reason, you agree and acknowledge that you will be charged for the full order amount and waive the right for refund.

Lastingroses.com reserves the right to keep confidential and not disclose the company's supplier(s) or service provider(s). Disputes and complaints must be submitted via email within 48 hours of the delivery date.

Quality issues, missing items or items not as described

In the case that there is any claim of quality problems, missing items or item not as described, you, the buyer, must (1) send us a photo, (2) write a description of your reason you believe there was a quality issue, (3) list out all the items received and (4) list out any items missing by email within 48 hours of the delivery date. We will use the photo and the information you provided to compare what items were ordered versus what items were received. Because photos may not show all items, it is important that the list of items received is provided to us. If no photo, no description nor list is sent to us, we would not be able to validate the claim which we would not be further obligated to resolve the issue and you agree the full price is non refundable without further compensation.

When a complaint is made about the quality of the items, you need to allow us to have our florist contact the recipient to resolve the issue which the recipient will be informed of the complaint and asked questions. If you, the buyer, have a complaint about the item(s) delivered but do not allow us to contact the recipient, we would not be able to conduct the necessary investigation and you would then waive your right to any compensation. However, we may at our sole discretion determine whether a discount can be provided.

Once the delivery has been made and items have been accepted by the recipient, you agree the order is non refundable and price non negotiable. In the case that our florist confirms missing items, we will direct our florist to deliver the missing items. In the case that you make a claim of the items not as described, no refunds are allowed and only exchanges of the items are allowed at our full descretion as long as the claim is validated by our company with the photos and description of the items that you provided. If the items need to be exchanged, the recipient may be required to return back the original items with the exchanged ones. For non durable goods, such as flowers, the items need to be exchanged within 48 hours otherwise you agree to waive your right to any compensation and refunds. If we agree on exchanges after 48 hours, you may be required to pay additional fees including delivery fees for the redelivery. You agree that we are not obligligated to provide any discount on claims of the items not being as described however at our descretion we may offer a discount only to try to close the claim or issue. If we offer a discount or credit but you do not agree or decline the offer, we are no longer obligated to provide any further offers and our previous offer or offers are no longer valid.

Delivering to businesses, hospitals, hotels universities

For delivery to addresses that the recipient resides temporarily or short term address of the recipient, the recipient must be contacted first and the premises or establishment must sign for your order. You must also provide us with your (1)full name, (2)phone and (3)permanent address or the recipient's permanant address. This should be entered in the comments in the order form. Without this information we may not be able to send your order.

Temporary short term addresses include business addresses, hospitals, hotels, hostels, motels, airports, restaurants, clubs, events, universities and any other public places. It is not in our control if the recipient is not present or left the temporary location at the time of delivery. You are responsible in informing us the correct full name of the recipient, the dates and time that the recipient is at the location, and making sure the recipient will accept the order. Once the order is scheduled, you agree that no refunds are allowed. If the recipient rejects or declines the order for whatever reason you agree and acknowledge that you will be charged for the full order amount and waive the right for refund.

Other hospital-specific delivery issues

Deliveries to hospitals are often problematic as patients move from ward to ward, or are discharged. This means that we sometimes are unable to deliver orders for customers at a very emotional time. However, many of these problems can be resolved by ensuring that we have accurate and up-to-date information about the ward that the recipient is in. It is particularly important that you provide the full name of the recipient of the order as there can be several patients with the same name and this can lead to delivery issues that are out of our control. In the event that delivery to the recipient is not possible, we reserve the right to charge an additional production and delivery charge. If you decide to cancel the order after the order has been arranged, we reserve the right to charge the full value of the order.

Other business addresses delivery issues

In the event our standard delivery option is chosen for a business address and a delivery between 8am and 7pm fails due to the recipient not being available, or the business being closed, we will not accept any liability for the non-delivery and reserve the right to charge an additional production and delivery charge for any subsequent re-delivery. If you decide to cancel the order prior to the order being arranged, we reserve the right to charge deduct a cancellation fee from the refund value. If cancellation is made after the arrangement has been made, we reserve the right to charge the full value of the order.

Vases and Baskets

You acknowledge that the vases and basket product mix continuously change and the vases delivered with the flowers may not match with the vase seen in the photo. We will choose a vases found appropriate. You also acknowledge that a vase or vases maybe be used in replacement of a gift box or gift boxes. Please see our Substitution Policy.

Specials and Promotions

Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order. Please read the official rules that accompany each special offer, coupon and discount.

Links and Search Results

Our Site may link to other sites. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using our Site to search for or link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to another site. However, if you have a problem with a link from our Site, please notify us at WeCare@Lastingroses.com. We will investigate the link and take appropriate action.

Violation of the Terms and Conditions

By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any content on our Site you have provided ("User Content") if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of the local or international law or another user.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or the our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Export

The local export control laws regulate the export and re-export of technology of its origination. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Privacy

Lastingroses.com is committed to protecting customers' privacy. It is important that you fully understand the terms and conditions under which we use the information we gather from you through the use of our Web site located at URL www.Lastingroses.com (our "Site"). We will never share your personal information with anyone except as described in this Terms of Use Policy. Changes to this Policy will be announced on our Web site at least ten days in advance, so please check back periodically.

We respect and make efforts to protect the privacy of all users of our Site. We reserve the right to disclose or not disclose any information regarding but not limited to our website, suppliers, product cost, company, directors, managers, location, contact number, fax number and any other business handlings. However, any issue related to payment including payment disputes, we reserve the right to disclose any and all information of the user's information especially for collection of payment.

Feedback

We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of Lastingroses.com. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We reserve the right to use the Feedback on an unrestricted basis. Should we find any feedback inappropriate or with any intention to damage, distort or disturb the website or company image, we reserve the right to delete or alter the posting.

Restrictions

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through this Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.

Substitution policy

Due to the constant change of floral products, food and gift items, stock is not always available thus we reserve the right to make substitutions. Should a particular item ordered not be available, substitutions of the item, in equal value, will be made. Substitutions are applicable for all products found on the website. Substitutions can be in the form of, but not limited to, size, shape, color, kind, type, material and matter. Substitutions apply to flowers of all kinds and types and for products including, but not limited to, wines, chocolates, gift products, gift baskets, fruits, teddy bears, stuff animals, cakes and any products found on the website.

In the case you, the user, selects "Depends" as the option for substitutions, and an item is unavailable or out of stock our florist may contact the recipient to ask their preference of other items. If the recipient is not available or unreachable and an item is not available, our florist will help decide on the substituted item on your behalf to avoid delay in delivery. Should you not wish for the florist to make any decision for substitutions nor do not want the recipient to make any decision, you should select "No" for substitutions.

In the case that you, the user, selects "No" for substitutions and an item is unavailable, we will try to send an email to you to inform you that the item is unavailable and also try to offer other options. However, at our discretion, your order may be placed on hold and not be delivered if substitutions are not allowed. Allowing substitutions is recommended if you do not want your order to be delayed when an item or items are not in stock or unavailable.

Services, such as, but not limited to, the Photo Return Service, Singing Telegrams, Custom Orders, Photo Drawings, Packages, that is unavailable we will try to ask the user to make a substitution for another item, otherwise we will make a refund of that particular service. Substitution policy applies to typographical errors and mistakes of descriptions or mistakes found on the website with products that may also not be available. Upon ordering, you, the customer and/or buyer, agree to abid by the terms and conditions of the website and agrees on our policy of substitutions. If you, the customer and/or buyer do not agree to any of these conditions and policies you have the right to not order or make any purchases on the website.

Prices and value on website

You agree that the prices are acceptable. You acknowledge, agree and understand that our website prices reflect numerous factors such as, but not limited to, purchased cost, overhead, delivery, labour, packaging, handling and advertising fees. You acknowledge, agree and understand that our prices may not be the same as the prices found at any store offline or online and may be higher priced. You acknowledge, agree and understand that when ordering an item or items such as, but not limited to, flowers, plants, fruit, fruit baskets, wine, cake, food and/or any item listed on our website we reserve the right to choose the item on your behalf. You acknowledge, agree and understand that our prices on our website may change at any time and should the price change lower after you had purchased the item, you agree to accept the price you had paid. Prices can change even within the day due to market prices, our suppliers and/or service providers.

You acknowledge, agree and understand that our delivery fee that is charged does not reflect our actual delivery fee cost. Some charges of delivery may be included within the pricing of the product.

Delivery fee

Our delivery fee that is charged does not reflect our actual delivery fee cost. Some charges of delivery may be included within the pricing of the product.

Lastingroses.com is not responsible for

Flowers, plants and preserved items delivered to incorrect addresses supplied by the sender. Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender. Decreased flower and plant quality due to improper care or delays of a delivery due to an incorrect delivery address supplied by the sender, or a re-route or redelivery requested by the sender. Flower and plant quality problems where delivery is delayed due to sender requiring signature upon delivery. The handling of the item or items by the recipient.

Refunds

For orders that has been dispatched the payment of the order cannot be refunded. As long as an order has not been dispatched, applications or request for refunds must be submitted via email no later than five (5) days of the delivery date. Any applications or request for refunds after five (5) days we reserve the right and discretion to reject or refuse the refund. For refunds on orders that were paid by bank transfer we will subtract any fees of incoming and outgoing transfers as well as restocking fees. Restocking fees may be approximately 20% of the total paid amount. We reserve the right to provide store credit minus fees for orders that were paid by bank transfers. We reserve the right to further add any handling charges or restocking fees for refunds. Refunds will be handled by our Billing department which could take several days depending on the issue or season. During peak seasons such as Valentine's day, Mother's day and Christmas, the refund process may take longer.

Returns

After and order has been dispatched and delivered, the order cannot be refunded. Non durable goods cannot be returned nor refunded. In the case that you, the buyer, or the recipient, request to return items, a restocking fee of a minimum 20% will apply to the full amount paid as long as the items are not opened and not tampered with and returned within 48 hours in the same condition that the item or items were received. Delivery fees, Express fees and Morning fees cannot be refunded. If the item or items are not returned within 48 hours, you, the buyer, waive the right for any refund.

Recipient rejecting the order

If in the event the recipient rejects the order, there can be no refunds as the items had been purchased and arranged as well as all expenses paid for the delivery. It is not our responsibility if the recipient rejects the order. If the recipient rejects the order because of quality issues, we will request our florist to make an exchange of the item. For exchanges of the item(s), the item(s) must be in the same condition as received and item(s) cannot be opened, missing or damaged. If redelivery is requested more than once, redelivery charges and restocking fees will apply.

Cancellations

For cancellations made forty-eight (48) hours prior of the requested delivery date which the order has not yet been arranged or delivered we will provide a refund or credit. Once the order has been scheduled, arranged or delivered it cannot be cancelled for a refund. An email is sent when the order is scheduled. Orders cannot be cancelled for a refund within 48 hours of the delivery. An order can be cancelled at any time which an email cancellation email may be sent to you but no refunds and no credits will be given for cancellations that are made within forty-eight (48) hours of delivery or for orders that were scheduled or delivered.

For any disputes about payment for orders that were delivered, including cancelled orders that were delivered, we reserve the right to bill and collect from the recipient and any assocations with the order, including the buyer, sender, recipient and recipient's associations. We reserve the right to use, release, post online and offline and provide to any third party people, companies, agencies such as collection agencies, authorities and the alike, any and all information about your order including your information, your digital data, the sender's and buyer's personal information and digital data, and email correspondences with any association with your order. We allow and give third party entities the full authority to use, release and post online and offline all information associated with your order for the primary purpose to collect payment.

Disputes and Issues

We take disputes and non-payments very serious, especially when payment involves fraud. We reserve the right to contact the recipient upon any dispute or issue and disclose any and all information that is related to the order including private information. Upon any disputed charge or chargeback, we reserve the right to contact the recipient of the order for payment and collection. We also reserve the right to contact you, the user's or the recipient's associations, through any means such as email, phone or post mail, in attempt to collect payment or resolve any disputes. In addition, we reserve the right to post any information online or offline regarding any disputed payment or non payment which we may also expose you, the buyer's, user's and/or the recipient's detailed information. You agree that if we are unable to collect payment, we may use a third party company to make the collection of payment. The third party will be authorized to use in any way or method all data we provide them which may include your personal information and online data as well as the recipient's information and online data. We reserve the right to take back and demand back the item or items from the recipient of the order at any time.

Guarantee and Disclaimers

Lastingroses.com GUARANTEES THAT ITS FLOWERS, PLANTS AND PRESERVED ITEMS WILL BE FRESH FOR AT LEAST THREE (3) DAYS AFTER DELIVERY, AND THAT IF THEY ARE NOT, Lastingroses.com' SOLE MAXIMUM LIABILITY WILL NOT BE MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT FLOWERS, PLANTS OR PRESERVED ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. CLAIMS UNDER THIS GUARANTEE MUST BE BROUGHT WITHIN THREE (3) DAYS AFTER DELIVERY OR Lastingroses.com SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH FLOWERS, PLANTS AND PRESERVED ITEMS. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS.

EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, OUR SITE AND OUR SITE'S USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, Lastingroses.com, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Applicable Law

You agree that any legal action brought against us shall be governed by the local and/or international law, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate court of the country. You agree that you will pay all legal fees, including our legal fees, resulting from any letigation. We make no representations that the content in our Site is appropriate for access outside the country. Those who choose to access our Site from outside the country do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity

By using our Site, you agree to indemnify and hold Lastingroses.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or any content to or of our Site.

Defamation, Libel and Slander

Defamation also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. In the event a user posts slander or tries to intentionally ruin the image of our website, the user may be liable for Punitive damages, exemplary damages, compensatory damages and any type or form of damages resulting from such action. We reserve the right to hold and/or keep the user/buyer's payment in the event the user/buyer make any attempt of threats or claim of posting slander, defamation and/or negative comments online. We reserve the right to contact the user/buyer's recipient of the order, affilliates and related parties in the event the user/buyer has made any threat or attempt of slander or any attempt of trying to ruin the image of our website.

Questions regarding this Policy should be directed to WeCare@Lastingroses.com.

This Policy will explain the following regarding use of our Site:

What information do we collect from you?

Where do we collect information from you and how do we use it?

Who is collecting your information?

With whom do we share your information?

How may you update, correct or delete your Personally Identifiable Information?

What are your choices regarding collection, use and distribution of your information?

What security precautions are in place to protect against the loss, misuse or alteration of your information?

Cookies/Clear GIFs.

Children, Parental Consent and Privacy.

You should carefully review privacy policies of any third party sites accessible from our Site.

Contacting us about privacy questions or concerns.

1. What information does Lastingroses.com collect from you?

In order to better provide you with numerous products and services, our Site collects two types of information about its visitors: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient and customized experience while using our Site. Personally Identifiable Information: "Personally Identifiable Information" refers to information that lets us know the specifics of who you are. Personally Identifiable Information is requested when you register with us, order a product or service, fill out surveys, correspond with us, or otherwise volunteer information, for instance, through the use of our Reminder Service. Personally Identifiable Information might include your name, mailing address, telephone number, email address and other identification and contact information. If you are using our Send a Hint Greeting service, we may ask you to provide the name and email address of a friend or loved one so that we may send them a hint about an event that could be made more special with the gift of flowers. We may also collect certain financial information, like your credit card number (or a check or money order if using such payment method while ordering via mail); whenever we do so, we will attempt to provide a link to this Policy so that you can confirm how this information will be used. With this information, we can fill your service and product orders and better provide you with personalized services.

Non-Personally Identifiable Information: "Non-Personally Identifiable Information" refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you shop on our Site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop.

2. Where do we collect information from you and how do we use it?

Our primary goal in collecting personal information is to provide our visitors with a superior customized online experience. We use customer contact information to fill orders, contact prior purchasers to inform them of their order status, to remind customers of events through our Reminder Service, to send our customers' friends or loved ones hints to send flowers through our Send a Hint Greeting service and to send promotional emails. We may perform statistical analyses of aggregate customer behavior. This allows us to measure relative customer interest in the various areas of our Site for product development purposes. Any information we collect is used for our own internal purposes to improve the content and navigation of our Site, to enhance users' experiences when visiting our Site, to customize the content and/or layout of our pages, and to provide the services required by an individual customer. We also use information to notify consumers about updates to our Site, to complete user-initiated transactions, to trace false orders and to contact consumers directly, or through our third party service partners, for marketing purposes.

We gather information in the following ways:

Shopping: We collect IP addresses for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our Site. We collect information from visitors to our Site regarding the referring URL, your IP address, which browser you used to come to the Site, the country, state and telephone area code where your server is located, and the pages of our Site that you viewed during your visit.

Ordering: When you order from us, we collect Personally Identifiable Information from you. If you order one of our products or services, we will collect and maintain your name, email address, mailing address, telephone number, product selections, credit card number (or check or money order information if using such payment methods while ordering via mail), order number, referring URL, IP address and a password, as well as the recipient's name, address and telephone number, if different than yours. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order, or the recipient, as appropriate, and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains and these changes will be automatically kept for future use. If you cancel an order or do not complete an order we may collect and use your email address that you have entered as we would collect and use it if you had completed an order.

Track/Modify Order: If you use our Track/Modify Order service we will gather your email address and account password, if you have one, in order to locate your order so that we may give our most recent tracking information, or so that you may modify the order. If you choose to modify your order, we may collect information that we would normally collect when you order products, as explained in the above paragraph.

Corporate Account: When you set up a corporate account with us we collect your name, company name, email and phone number. Upon signing up for a corporate account we will contact you by either email or telephone to determine how Lastingroses.com can best serve your corporate needs. We will also give you the opportunity to receive periodic updates regarding Lastingroses.com' corporate services. If you make purchases through your corporate account we shall gather similar information that we gather when you order as an individual, plus certain information regarding your corporation.

Online Surveys and Polling: In order to improve our services to you, we ask some of our customers to voluntarily complete surveys, which may be collected by an independent third party. Individual survey answers are confidential, although Non-Personally Identifiable Information is collected and disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked.

Newsletters & Promotional Emails: We may offer free electronic newsletters and promotional emails as a service to our prior customers. We may send you newsletters and emails periodically listing current specials and deals ourselves or through our third party service partners. We never send promotional emails to you once we have processed your request for us not to do so. This option is included in every promotional email. There may be opportunities to subscribe to an email list that will send you information about our Site events, but we will only add you to the list with your consent. To stop receiving our newsletter, send an email to us at WeCare@Lastingroses.com.

Cookies/Clear GIFs: In conjunction with our third party service partners, we make limited use of cookies and clear GIFs to gather information when you visit our Site, make a purchase and when you click-through to our Site from a targeted email or newsletter. To find out what cookies and clear GIFs are and how they can be used, click here.

Contact Information and Third Party Data: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with our Site, we may collect such information in a file specific to you. If you provide us feedback through our Site, by email or by calling one of our Customer Care representatives, we may ask for your name and email address in order to send you a reply. If other users or third parties send us correspondence about your activities or purchases on our Site, or if you are the recipient of flowers sent by another customer, we may keep the information in a file specific to you. Send a Hint Greeting: If you are using our Send a Hint Greeting service, we may ask you to provide the name and email address of a friend or loved one so that we may send them a hint about an event that could be made more special with the gift of flowers. We store this information for the sole purpose of sending this one-time email. You or the loved one or friend may contact us at WeCare@Lastingroses.com to request the removal of this information from our database.

Reminder Service: If you choose to use our Reminder Service, we will ask for and store your email address, as well as your important flower occasions and holidays and the names of the individuals to whom you may wish to send flowers, in order to remind you to send flowers.

Affiliate Programs: You may purchase flowers from us through a link on one of our affiliates' ("Affiliates") Web sites. We pay each Affiliate a commission, or a portion of the sales made to those who link to our Site from the Affiliate's site. Some of our Affiliates run a "rewards" or "charity" program (the "Programs"). Under such Programs, participants receive credits based on the commissions an Affiliate receives from sites such as ours. Participants in such programs can donate their credits to a chosen charitable organization, or keep them for their own use and benefit. If you make a purchase from us and you are a participant in such Programs, we may share your name, email address and the value of your purchases.

Registering for an Affiliate Program: Please read the terms of our Affiliate Program Agreement. A record of any and all information submitted to Lastingroses.com as part of an Affiliate Program application shall be stored by Lastingroses.com and only disclosed by Lastingroses.com in an effort to evaluate such application with prior consent from you.

We also track customers' traffic patterns throughout their online sessions, including which pages a customer views while using our Site. We use your IP address to diagnose problems with our servers and software and to administer our Site.

We may share aggregated statistics about pages viewed on our Site and sales and other shopping information with third parties.

3. Who is collecting your information?

Except as otherwise expressly discussed in this Privacy Policy, only we collect your information. This document only addresses the use and disclosure of information we collect from you. We encourage you to ask questions and to be very cautious before you disclose your Personally Identifiable Information to others. Our third party advertising service partner may collect information about you through the use of cookies or clear GIFs when you click on its advertisements, open promotional emails or newsletters or visit our Site via a link in a promotional email or newsletter. This information is gathered solely for Lastingroses.com' use, however, our third party advertising service partner may use this information in a non-personally identifiable aggregated form for its own purposes. You should contact our third party advertising service partner directly if you have any questions about its use of the information that it collects. For more information about how our current third party advertising service partner collects information please click here: In addition, we currently employ a third party service partner that tracks the traffic on our Site, however, the only information gathered is solely Non-Personally Identifiable Information.

4. With whom do we share your information?

Except as otherwise stated in this Policy, we do not sell, trade or rent your Personally Identifiable Information collected on our Site to others. The information collected by our Site is used to process orders, to keep you informed about your order status, to notify you of products or special offers that may be of interest to you, and for statistical purposes for improving our Site. We will disclose your Personally Identifiable Information to third parties for tracking purposes, to charge your credit card (or process your check or money order, as appropriate), fill your order, deliver your order and deliver promotional emails to you from us. These third parties may not use your Personally Identifiable Information other than to provide the services requested by Lastingroses.com. For example, we must release your credit card number to confirm payment; and release your mailing address information to the delivery service to deliver products that you ordered. We also share Web site usage information we gather from visitors to our Site who have received a targeted promotional campaign with our third party advertising service partner for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third party service partners note some of the pages you visit on our Site through the use of clear GIFs. For more information about our third party advertising service partner, please click here: From time to time we may disclose a very limited amount of information (names and postal addresses) to direct marketing companies for trade or rental purposes. You may "opt-out," or instruct Lastingroses.com not to distribute such information to third parties in the future by sending an email with such instructions to admin@Lastingroses.com, however Lastingroses.com may not be able to provide you our full range of services if we cannot distribute certain Personally Identifiable Information.

We may provide aggregated statistics about our customers, sales, traffic patterns, and related Site information to third parties that do not include Personally Identifiable Information. Moreover, we may release account information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions or to protect the rights, property and safety of our users, others and ourselves.

Recipient Requests: From time to time we are contacted by flower recipients who ask us who the sender was. If we receive a request from a recipient asking who sent flowers we will give the name on the gift message accompanying the flowers. If there is no gift message filled out or if there is no name on the gift message we may ask the sender via email. If we receive approval to disclose the sender's name from the sender via email or in writing, we will then inform the recipient. If the sender does not reply via email or in writing or if the sender denies permission, then we will not reveal the sender's identity to the recipient.

Enforcement of Law: From time to time, we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

5. How can you update or correct your Personally Identifiable Information?

During the online ordering process you can review, change or delete the information that you have submitted. We are updating our Site so that you may change any of your personal information in your account online at any time. You may ask us in writing via mail or email at WeCare@Lastingroses.com to have the information on your account deleted, updated or corrected; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

6. What are your choices regarding collection, use and distribution of your information?

We may from time to time send you email or other communications regarding current promotions, specials and new additions to our Site. If you have supplied us with your telephone number(s) you may receive telephone calls from us with information or requests for information regarding an order you have placed. You may "opt-out," or unsubscribe from our newsletters and emails by following the unsubscribe instructions in any email you receive from us or by sending an email to WeCare@Lastingroses.com or by following the instructions provided in each email to you.

7. What security precautions are in place to protect against the loss, misuse or alteration of your information?

We employ industry-recognized information technology to protect the security of the information you submit to us. The importance of security for all Personally Identifiable Information associated with our customers is of utmost concern to us. Our secure servers protect this information using password protection and advanced encryption, and we may use firewall technology for additional protection. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking institutions, process agents and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to ship your order. When collecting credit card information for online purchases, we offer secured-server transactions that encrypt your information in transit to thwart someone from intercepting it and misusing it. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means.

We also encourage our partners and service providers to adopt and follow stringent consumer privacy policies.

8. Cookies/Clear GIFs.

Cookies: Like many other commercial sites, our Site utilizes standard technologies called "cookies" and clear GIFs to collect information about how our Site is used. A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Cookies were designed to help a Web site recognize a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot be read by a Web site other than the one that set the cookie. Cookies can securely store a customer's password, personalize home pages, identify which parts of a site have been visited or keep track of selections, such as those selected in a "shopping cart." For instance, cookies allow us to prepopulate (or fill in) an email field with your email address if you revisit our Site and place an order. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your email address.

We send a cookie to your hard drive when you make an order to record the product name, category of product that you ordered, the amount paid, the order number and any referral codes. No Personally Identifiable Information is recorded. When you click-through to our Site from a promotional email, our third party advertising service partner may send a cookie to your hard drive recording your IP address and other related information.

Clear GIFs: We currently work with third party service partners that employ clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action tags) for our benefit to help us measure advertising effectiveness. Clear GIFs help us better manage content on our Site by informing us of what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our users. The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear GIFs are not tied to your Personally Identifiable Information.

Our third party service partners use clear GIFs: (i) in HTML-based emails to let us know which emails have been opened by recipients; (ii) to record when products have been ordered from our Site; and (iii) to track the visitor traffic on our Site. These clear GIFs allow us measure the usage of our Site by our visitors and the effectiveness of certain communications and marketing campaigns.

Clear GIFs can "work with" existing cookies on a computer if they are both from the same Web site or advertising company. That means, for example, that if a person visited "www.companyX.com", which uses an advertising company's clear GIF, the Web site would match the clear GIF's identifier and the advertising company's cookie ID number, to show the past online behavior for that computer. This collected information can be shared with the advertising company. We do provide such information to our third party advertising service partner, but that information can only be used by our partner for Lastingroses.com's benefit.

9. Children, Parental Consent and Privacy.

The Children's Online Privacy Protection Act took effect on April 21, 2000, and imposes certain requirements on Web sites directed toward children under 13 that collect information on those children, or on Web sites that know they are collecting Personally Identifiable Information on children under the age of 13. We want to let you know that it currently is our policy not to collect Personally Identifiable Information on any person under 18. As one measure to ensure that we do not gather Personally Identifiable Information from children, we require that all individuals provide a valid credit card number before completing a purchase order. If we learn that we have inadvertently gathered Personally Identifiable Information about children under 18, we shall attempt to notify such child's parent or guardian and erase such information from our records, unless the child's parent or guardian consents to Lastingroses.com' maintaining such information.

10. You should carefully review privacy policies of any third party sites accessible from our Site.

Other sites accessible through our Site have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Please be aware that our Site may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those Web sites linked to our Site are not covered by this Policy. These other sites may send their own cookies or clear GIFs to users, collect data or solicit Personally Identifiable Information. Additionally, other companies which place advertising on our Site may collect information about you when you view or click on their advertising through the use of cookies or clear GIFs. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

11. Contacting us about privacy questions or concerns.

If you have any questions about this Policy, the practices of our Site, or your dealings with our Site, please contact us by sending an email to WeCare@Lastingroses.com.

12. Privacy Policy changes.

If we make changes to any terms or conditions of the Policy, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. Any change, modification, addition or removal of portions of this Policy will be announced on our Site at least ten (10) days before it is implemented. Please be sure to check this page before proceeding to use our Site.