1.1 These Terms and Conditions (“Conditions”) are applicable to all customers (individually, the “Customer”) of ERIC BUTERBAUGH FLORALS, LLC, a corporation duly organized and validly existing under the laws of the State of Delaware (“EB FLORALS”) and having its principal place of business at 8271 Beverly Blvd, Los Angeles, CA 90048, USA (the “Seller”). They govern the offering, sale and delivery of all products sold by EB FLORALS (the “Goods”) through the e-boutique of the website www.EBFlorals.com.
1.2 The Goods are for the individual use by the Customer only and the Customer may not use the Goods for commercial re-sale or any other commercial purpose.
Any resale or distribution of EB FLORALS products purchased on the www.EBFlorals.com website is strictly prohibited and the Customer hereby agrees and warrants that he/she is purchasing for his own use and will not resell the Goods. For any trade inquiries or orders, please contact us at + 1 (323) 651-9844 or by e-mail at contact@EBFlorals.com. EB FLORALS reserves the right, with or without notice, to cancel or reduce the quantity of any order that we believe, in our sole discretion, may result in a violation of our Conditions.
1.3 The information provided on this website has been carefully compiled by EB FLORALS. EB FLORALS endeavors to be accurate when describing offered items and other content of this website. EB FLORALS continually checks and updates this information; however information, item descriptions or other content on this website is not promised or guaranteed by EB FLORALS to be correct, current, or complete, and this website may contain technical inaccuracies or typographical errors.
2.1 Prices are in U.S. dollars, excluding delivery costs and sales and use tax or any other similar applicable federal, state or foreign taxes, duties, levies or charges in any jurisdiction levied in relation to the Goods or the delivery thereof (“Taxes”) that shall be borne by the Customer. The amount of any Taxes levied in connection with the sale of the Goods to Customer shall be for Customer’s account and shall be added to each invoice.
2.2 Prices also exclude unforeseen costs incurred by missing, incomplete and/or inaccurate documentation and instructions provided to EB FLORALS by the Customer.
2.3 The price of any Goods will be as quoted on our website, except in cases of obvious error. You will be charged the prices displayed on our website at the time your order was confirmed provided the Goods were available at this time. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Seller’s Confirmation.
2.4 Discounts and promotional discount codes offered by the website are valid only for use as part of a purchase made via the Website, unless otherwise stated and will only be applied as stated in the Seller’s Confirmation.
3. ORDER AND VALIDATION
3.1 Orders are not binding until accepted by EB FLORALS by a Seller’s Confirmation. EB FLORALS shall be entitled to refuse an order without indication of its reasons.
3.3 The Goods offered and the prices are valid as long as they can be viewed on the website (www.EBFlorals.com), depending on available stocks. Certain Goods, which are available in limited quantities, may not be available at the time of the order. This information will be supplied to the Customer when the order is placed. Errors or modifications may, exceptionally, occur, notably in the event of a given product being ordered simultaneously by several Customers. The Customer may not hold EB FLORALS responsible for this in any way.
3.4 Orders are limited to no more than five (5) units of any perfume and ten (10) units of any candle with a maximum purchase of $5,000.00 per order.
3.5 By validating the order, the Customer accepts the Conditions without restrictions or reservations. In the event of prolonged inactivity during the connection, it is possible that the selection of Goods chosen before such period of inactivity may no longer be available. The Customer will be asked to recommence selection of the products from the beginning. The Customer will have the possibility, before definitively validating the order, of verifying the order in detail and the total price and correcting any errors, before confirming the order to express acceptance. From the moment at which the Customer validates the order, EB FLORALS will send an acknowledgement of receipt of the order without delay by e-mail, it being specified that the acknowledgement of receipt of the order does not in any way constitute a confirmation of the availability of the Good(s) ordered, nor validation of payment for the order.
3.6 After placing an order, the Customer will receive an email from EB FLORALS acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and the sale will only be considered final after confirmation of the order has been forwarded to the Customer by EB FLORALS, specifying that the Goods have been dispatched (“Seller’s Confirmation”). Only those Goods actually dispatched will be charged, along with the delivery costs. The contract between us will only be formed when we send you the Seller’s Confirmation. The contract will relate only to those Goods whose shipping we have confirmed in the Seller’s Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the shipping of such Goods has been confirmed in a separate Seller’s Confirmation.
4. PERSONAL INFORMATION
4.1 The Customer must, in order to purchase Goods when placing his/her first order on the website of EB FLORALS, fill in an order form containing certain mandatory fields deemed to be essential for handling the said order and for normal customer relations, allow his/her selection to be recorded.
4.2 If you use any www.EBFlorals.com service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
4.3 If you are under 13 years of age, you may not provide personal information to us. You cannot register or make a purchase. This website is not designed for children and we do not knowingly collect personally identifiable information from any children under 13.
5. RISK OF LOSS AND TITLE
5.1 All items purchased from EB FLORALS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
5.2 EB FLORALS does not take title to returned Goods until the Goods arrive at our warehouse.
6. LIMITED WARRANTY
EB FLORALS solely warrants that on the date of delivery the Goods shall conform to the specifications on its website. If Goods fail to meet such warranty, EB FLORALS will at its own option within a reasonable time replace the Goods at no charge to Customer, or issue a credit for any such Goods in the amount of the original invoice price. Accordingly, EB FLORALS’ obligation shall be limited solely to the replacement of the defective goods or to giving Customer credit for the defective Goods. EB FLORALS’ obligation to replace or credit shall be contingent upon receipt by EB FLORALS of timely notice of any alleged non-conformance of Goods and, if applicable, the return of the Goods, in accordance with these Conditions. ALL WARRANTIES MADE HEREIN ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO THE FITNESS OF THE DESCRIBED PRODUCTS FOR ANY PARTICULAR USE OR PURPOSE. EB FLORALS shall not be liable for any loss or damage, directly or indirectly, arising from the use of the described Goods or for incidental or consequential damages, whether Customer’s claim is in contract, negligence or otherwise. Specifically, EB FLORALS shall not be liable for any personal injury and/or property damage resulting from the use of the Goods, whether or not used in conformity with their specifications.
7. LIMITATION OF LIABILITY
7.1 We warrant to you that any Goods purchased from us through our website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
7.2 EB FLORALS shall not be liable for personal injury and property damage resulting from the improper handling, modification, misuse of the Goods by the Customer or any other person following delivery by EB FLORALS.
7.3 Our liability for losses you suffer as a result of us violating these Conditions is strictly limited to the purchase price of the Goods you purchased.
8. FORCE MAJEURE
8.1 Neither party shall be liable in any way for any damage, loss, cost or expense arising out of or in connection with any delay, restriction, interference or failure in performing any obligation towards the other party caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, laws, statutes, ordinances, regulations, legislative measures, acts of governments or other administrative measures, orders or decrees of any court, earthquake, flood, fire, explosion, war, terrorism, riot, sabotage, accident, epidemic, strike, lockout, slowdown, labor disturbances, difficulty in obtaining necessary labor or raw materials, lack of or failure of transportation, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown or shortage of utilities, delay in delivery or defects in goods supplied by suppliers or subcontractors (“Force Majeure”).
8.2 Upon the occurrence of any event of Force Majeure, the party suffering thereby shall promptly inform the other party by written notice thereof specifying the cause of the event and how it will affect its performance of its obligations under Seller's Confirmation. In the event of any delay, the obligation to deliver shall be suspended for a period equal to the time loss by reason of Force Majeure. However, should a Force Majeure event continue or be expected to continue for a period extending to more than two (2) months after the agreed delivery date, either Party is entitled to cancel the affected part of Seller’s Confirmation without any liability to the other Party.
9. MODIFICATIONS AND INFORMATION
9.1 Unless specifications have been agreed to be firm for a certain period or quantity of Goods, Seller reserves the right to change or modify any specifications and to substitute materials used in the production and/or manufacture of Goods from time to time without notice. Customer acknowledges that data in Seller’s catalogues, specification sheets and other descriptive publications distributed or published on its websites by Seller, may accordingly be varied from time to time without notice. Any statement, representation, recommendation, advice, sample or other information of Seller in relation to the Specifications, the Goods and the use thereof shall be furnished for the accommodation of Customer only.
9.2 Customer must utilize and solely rely on its own expertise, know-how and judgment in relation to the Goods and Customer’s use thereof and in Customer’s application of any information obtained from the part of Seller for the purposes intended by Customer. Consultation provided by Seller shall not give rise to any additional obligations. Details and information provided with regard to the suitability and use of the Goods shall not be binding and Seller does not assume any liability based on such consultations.
10. COMPLIANCE WITH LAWS AND STANDARDS
EB FLORALS makes no promise or representation that the Goods shall conform to any law, statute ordinance, regulation, code or standard (“Laws and Standards”), unless expressly stated in Seller’s Confirmation. Customer acknowledges that the use of the Goods may be subject to requirements or limitations under Laws and Standards. Customer shall be exclusively responsible for (i) ensuring compliance with all Laws and Standards associated with its intended use of the Goods; and (ii) obtaining all necessary approvals, permits or clearances for such use.
Failure by Seller to enforce at any time any provision of these Conditions shall not be construed as a waiver of Seller’s right to act or to enforce any such term or condition and Seller’s rights shall not be affected by any delay, failure or omission to enforce any such provision. No waiver by Seller of any breach of Customer’s obligations shall constitute a waiver of any other prior or subsequent breach.
12. SEVERABILITY AND CONVERSION
In the event that any provision of these Conditions shall be held to be invalid or unenforceable, the same shall not affect in any respect whatsoever, the validity or enforceability of the remaining provisions between the parties and shall be severed there from. The pertaining provisions held to be invalid or unenforceable shall be reformed to provisions satisfying the legal and economic intent of the original provisions to the maximum extent permitted by law.
13. LIMITATION OF ACTION
No action by Customer shall be brought unless Customer first provides written notice to Seller of any claim alleged to exist against Seller within thirty (30) days after the event complained of first becomes known to Customer and an action is commenced by Customer within six (6) months after such notice.
14. GOVERNING LAW AND JURISDICTION
14.1 The parties’ rights and obligations arising out of or in connection with Seller’s Confirmation and/or these Conditions shall be governed, construed, interpreted and enforced according to the laws of the State of California without giving effect to its conflicts of laws rules or principles.
14.2 The parties agree that any suits, actions or proceedings that may be instituted by any party shall be initiated exclusively before the courts of the State of California, United States and irrevocably agree that all actions or proceedings arising out of, in connection with or directly or indirectly relating to a transaction covered by these Conditions shall be litigated in such courts, without prejudice to Seller’s right to submit the relevant case to the court which would have jurisdiction if this provision has not been incorporated in the Conditions, and the parties do hereby consent to the jurisdiction of those courts and waive any objection which they may have, now or hereafter, to venue of those suits, actions or proceedings.
The headings contained in these Conditions are included for mere convenience of reference and shall not affect their construction or interpretation. These conditions are applicable with effect from May 1st, 2015 and are subject to change at any time without notice.