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Rose Box LLC, hereinafter “Vendor”, provides its products and services to you subject to the following Terms of Use (“Terms”). Your use of this website, including but not limited to, the placement of any orders for products, or services, offered by Vendor, is governed by the Terms stated herein. This website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Vendor’s goods and services and/or to otherwise transact business with or contact Vendor, on their own behalf or, in the case of a gift or otherwise, on behalf of the intended recipient. Vendor reserves the right to update, modify and/or change these Terms from time to time without notice to you.

1. Acceptance of Agreement

   By accessing Vendor's website https://roseboxnyc.com (the “Site”), using the products and services (the “Services”) offered by Vendor, reviewing, considering, subscribing or placing an order either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions, or accepting the Terms electronically, you agree to be subject to these Terms and any additional terms and conditions found on any of our affiliated websites that may apply. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Vendor’s registration form(s) (such information being the “Client Data”) and (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete.

   If you provide any information that is untrue, inaccurate, not current or incomplete, or Vendor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vendor has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). By placing an order with Rose Box LLC, either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree to these Terms or any affiliated Terms of Use, please do not use the Site or Services.

2. Description of Services

   The Site and affiliated web pages owned by Vendor provide users with information concerning Vendor’s products and services. Vendor provides products and services in the field of Floral Internet Sales (“Services”).

3. Modifications to Services Vendor reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Vendor will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
4. Products and Prices All items go through a thorough quality assurance process to deliver the very best superior arrangements. By being natural flowers, the live floral items can be different from photos shown on the arrangements the Website. The Vendor reserves its right to photograph product, including those decorated with a logo or other art provided by the customer. The vendor may display these images on our Website, social media or other advertising media, for marketing and promotional purposes, unless specifically requested in writing by the customer not to do so. Vendor reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the product descriptions, warranties, and prices without prior notice. Vendor endeavors to provide content on the Site and affiliated sites that is current and accurate. Errors and misprints may occur. Vendor reserves the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where Vendor displayed erroneous or inaccurate information. Vendor reserves this right at any stage of ordering processing, including after an order has been submitted. Vendor is not obligated to sell products or services based on errors or misprints on our website.
5. Privacy Policy Client Data and certain other information about you are subject to our Privacy Policy as set forth herein. You understand that through your use of the Services, you consent to the collection, use and disclosure of this information, to the fullest extent authorized by law, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Vendor and its affiliates as necessary to provide the Services to you. Your email address can be used for remarketing purposes to enhance the shopping experience. We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Vendor. This policy is intended to protect the privacy of Vendor’s customers and others authorized to use its Website. Transactions on our Website are secured and our Website does not store your credit card information.
6. Authorized use of Materials on website All information and material and content published or accessible through the Site is protected by copyright, trademark and other intellectual property and proprietary rights and laws. All such website content (“Content”) is copyright of Vendor except where indicated otherwise. All source code is owned by Vendor except where expressly indicated otherwise, and may not be used or copied without permission. Some of the code available on the Site is subject to the terms and conditions of an open source license (“Open Source”). In addition to any terms of any open source license, you acknowledge and agree that your use, modification or copying of any Open Source code is entirely at your own risk. Vendor shall not be liable for any damages or costs associated with your use of Open Source code. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trade-marks owned by Vendor or third parties, and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from Vendor, except as expressly stated above. Notwithstanding the above, Under Section 204 of the Copyright Act, Vendor has a non-exclusive license and does not own any material contributed by third parties.
7. Links to Third Parties Links to third-party websites from the Site are meant for convenience only. Vendor does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk and Vendor will not be responsible or liable for any damages associated with linking.
8. Disclaimer Vendor and its employees, agents, affiliates, partners and suppliers provide all Content, Products and Services available through the Vendor and its affiliates websites “as is” and without warranties, representations and conditions of any kind, whether expressed or implied. Vendor makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, the Services, or of any Content the site. The website, the Content, and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the website, the Content, and the Services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law by Vendor.
9. Limitation of Liability To the fullest extent authorized by law, Vendor shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Vendor, nor any of its partners, associates, employees, agents, successors, assigns or affiliates. or out of any breach of any warranty, express or implied.
10. Indemnification You agree to indemnify and hold Vendor, its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of, or breach of, of the Content, Services, Products or Terms of Use, or your violation of any rights of another, except to the extent where you can show that such costs or damages were caused by Vendor willful negligence.
11. Severability of Clauses If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Subheadings used in the Terms of Use are not to be used to construe or interpret the Terms.
12. Entire Agreement The Terms, and any application Additional Terms or other terms herein incorporated by reference, constitute the entire agreement between you and Vendor. and govern your use of the Site, Content and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain Vendor services, affiliate services, third-party content or third-party software.
13. Waiver The failure of Vendor to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
14. Non-Transferable This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. Vendor may transfer this agreement to a third party without notice to you.
15. No Third Party Rights No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
16. Choice of Law / Litigation Venue

    The services being provided, and goods sold, by Vendor shall be deemed solely based in New York. The Terms of Use and the relationship between you and Vendor shall be governed and construed by the laws of the State of New York and the applicable laws of the United States, without regard to its conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the State of New York in New York County in any action or dispute related to this Terms of Use. Your use of the website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

    YOU AND VENDOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. Cookies, Web Beacons, and Other Information Collected Using Technology.

    Cookies are information files that your web browser places on the hard drive of your computer when you visit a Web site. Cookies cannot damage user files, nor can they read information from a user’s hard drive. Cookies allow Web sites to “remember” users activities on a Web site as well as users visits to a site. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. Vendor may use cookie technology to associate certain Internet-related information about individuals with information about such individuals in our database. Additionally, Vendor may use other new and evolving sources of information in the future (together, “Technology Information”). Additionally, for site maintenance, optimization, security and other legally permissible purposes, Vendor’s servers (or third party servers) may collect certain information about website visitors automatically. Such information may include such visitors’ IP address, browser type, date, time and duration of visit and particular pages viewed, and such other information as is permitted by law. The use of technology on the Internet is rapidly evolving, as is the Vendor’s use of new technology. By using this website, to the fullest extent authorized by law, you consent to the use of such technology as if relates to your individual data.

     

    Advertising agencies, advertising vendors, and other companies (collectively, “Advertisers”) who place advertisements on the Vendor’s websites and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. The Vendor does not control Advertisers’ use of such technology and the Vendor has no responsibility for the use of such technology to gather information about individuals. The Vendor’s websites and email messages may contain hypertext links to the websites of one or more third parties. The Vendor is not responsible for the privacy practices or the content of such other websites.

18. Credit Card Information The Vendor may in certain cases collect credit card numbers and related information, such as the expiration date of the card (“Credit Card Information”) when an individual places an order from the Vendor. When the Credit Card Information is submitted to the Vendor, such information is encrypted and is protected with SSL encryption software. The Vendor will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to third parties only as necessary to complete the purchase transaction.
19. Use of Individual Information Vendor may use individual information and/or data for any legally permissible purpose in the Vendor’s sole discretion including but not limited to using Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, and online banner advertising, among other lawful uses.  The Vendor may disclose, transfer and sell Individual Information to an entity which becomes affiliated with the Vendor through formation, merger or acquisition, in the Vendor’s discretion.
20. Unsubscribing from Lists The Vendor maintains multiple newsletter and email marketing lists. To unsubscribe from one or more of such lists, click the link included in the footer of any message delivered by the Vendor and follow the instructions provided.
21. More Information / Feedback

    If you have questions about our policies, please contact us at info@roseboxnyc.com.

    We welcome your comments regarding our Company. Please be advised all comments, feedback or other communications sent to Vendor shall be and remain the exclusive property of Vendor. Your submission of any such communications shall constitute an assignment to Vendor of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such communications. You agree that Vendor will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.

22. Order Policy

    The receipt of an electronic or other written form stating confirmation of an order does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right to request for ID to confirm the identity of the customer based on the provided billing information on an order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order. Vendor may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

23. Pricing & Pricing Errors All prices are as shown on the website. Coupon codes sent via email or any other means may have terms and conditions in the end of the file, and the customer acknowledges to abide by those terms. If the Customer is unaware of the conditions of usage of a coupon code, they should contact us at info@roseboxnyc.com. Coupon codes cannot be used on gift cards and sale items, unless specifically noted. Prices on previous orders cannot be adjusted with coupon codes once the order has been placed. Pricing errors may occur on the website.  Vendor reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Vendor.
24. Payment in Full You must pay in full by debit, credit card, Amazon Pay or PayPal Secure Checkout in advance, or in multiple payments through AfterPay when you submit an order through our website. Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched.
25. Chargeback Policy If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Vendor.
26. Additional Charges The prices displayed on this Website are in U.S. Dollars. Price quotes are good for thirty (30) days. They are valid and effective only in the United States. Additional shipping and/or other charges may apply for orders. This includes additional charges for orders shipped outside of the United States and/or into U.S. territories. We will endeavor to provide you with an estimate for additional charges associated with orders including additional shipping costs. These are good-faith estimates. Actual charges, taxes and/or costs may be different. Vendor is not responsible for fluctuations and/or changes in the costs and taxes associated with any order. Customer is solely responsible for all actual order charges, taxes and costs, regardless of the amount quoted by Vendor at any time.
27. Refund Policy

    Since our products involve live floral arrangements tailored to each Customer’s specification, we are unable to offer Order Cancellations or Refunds after Vendor has begun processing the transaction. To ensure fast delivery of fresh items, processing begins almost immediately after an order is received and approved, so should you wish to change or cancel your order, please contact Vendor’s Customer Service Department at info@roseboxnyc.com to confirm whether the processing of your order has commenced, and we will try to accommodate your request. Therefore, we encourage all customers reviewing all information before placing an order. All sales are final.

    If you want to report problems with your order, such as damaged roses or faulty boxes, please email us info@roseboxnyc.com and we will evaluate the incident.

    If a box arrives damaged and the Vendor sends a brand new replacement item, the Customer is not entitled to any additional compensation, i.e. partial refunds, gift cards or product upgrades, since the Vendor has fulfilled its obligation to deliver a fresh new item in perfect condition. The Vendor reserves the right to request the damaged item to be returned and sent back to the Vendor's office.

28. Reservation of Rights Review this webpage periodically. Vendor reserves the right to update its website, and its policies, from time to time without notice. All rights and defenses, whether expressly stated, implied or otherwise are reserved.

SHIPPING POLICY

Delivery will be deemed to have taken place at the time Vendor places an order in the possession of any carrier service, including but not limited to, Federal Express, United States Postal Service and/or DHL for customer delivery.

If you choose a specific date for delivery when placing an order, you acknowledge that requested delivery dates are non-binding estimates only. The Vendor will do its best to arrange delivery for estimated date, but there is no claim against Vendor for any delays or early deliveries once the order is in possession of the carrier service. We reserve the right to make deliveries in installments and it shall not relieve you from your obligation to accept and pay for remaining deliveries.

Once a package has been shipped, the client will receive an email with tracking information. Rose Box reserves its right to not change the delivery address for the order once a shipping label has been generated and/or it is in the carrier's possession. It is the customer's responsibility to contact the shipping carrier informed on the tracking information email of his/her order and request any changes related to delivery. Any special instructions for deliveries for shipping methods other than Manhattan White Glove delivery may not be observed, as the shipping carrier's may not accept special treatment.

Vendor is not responsible for lost or stolen goods once an order leaves our possession.

Vendor can charge for new delivery attempts if the carrier was unable to deliver an item the first time. Vendor reserves the right to not refund an order which had failed delivery attempts and was returned to our offices. In case of Pick ups at our headquarters, Vendor reserves the right to not refund orders that were not picked up on the arranged time.

To best serve your needs, Rose Box LLC offers a variety of Shipping and Delivery options, as stated below:

Same Day Delivery

• Available in Manhattan Only
• Order must be placed before 3 P.M. Eastern Time
• Orders placed after 3:00 PM Eastern Time will be delivered next business day
• Delivery Time Scheduling Option: email us at info@roseboxnyc.com or call us on 1-646-374-1711.

Manhattan White Glove Delivery

• Available in Manhattan only for the following zip codes:
• 10001 through 10025
• 10028 through 10029
• 10128
• Rose Box NYC reserves the right to ship orders as Standard shipping with 3 to 5 business dates delivery estimate if zip codes are not eligible to this shipping method or if this option is momentarily unavailable.
• Availability may be changed without notice.

Manhattan Pick Up

• It is free of charge
• Product available for pickup at 260 Madison Ave 2nd Floor NYC (between 38th St and 39th St.)
• Hours: 10 am to 4:30pm Eastern Time, 2 hours from placing the order.
• Pick ups should be scheduled: email us at info@roseboxnyc.com or call us on 1-646-374-1711.

Shipping Charges

• Manhattan White Glove Delivery: $10.00 to $18.00
• Promotional Free Manhattan White Glove Delivery (If available): $0.00
• Manhattan Pickup: $0.00
• Standard Domestic (United States): $12.00
• Promotional Free Standard Domestic (United States)(If available): $0.00
• Guaranteed Date Delivery: prices vary based on the zip code, date selected, size and amount of the items
• Worldwide Shipping with DHL: prices vary based on the zip code, size and amount of the items. Additional taxes and duties can be incurred depending on the countries import policies.
• Prices and promotions may be changed without notice.

Shipping Terms and Conditions

• Customer will be advised of charges, taxes and fees associated with an Order before or after processing.
• Tracking Information is provided with each Order, with the exception of Manhattan deliveries since they are done manually and have no electronic tracking information.
• Orders confirmed before 3:00 P.M. Eastern Time are shipped the same day.
• Orders confirmed after 3:00 PM Eastern Time are shipped the next business day.
• Domestic Orders are shipped using UPS, Fedex or USPS Postal Carriers, as determined by the Company, based in part, on the availability of services in a specific territory.
• We cannot deliver to P.O. Boxes, APO/FPO addresses and select U.S. Territories.
• Charges exclude Tariff and other import fees on International Orders
• Customer is responsible for Tariff, Import Fees, International Taxes and all other Charges associated with any International Order
• Some orders may require additional processing time due to complexity, the weather conditions or other factors outside of the Company’s control
• Delivery times vary based on destination and on carrier. Please review the carrier’s tracking information and contact them in case of unavailability.
• Policies may be changed without notice.

Terms, Conditions and Fees are provided for informational purposes only. They are subject to change without prior notice at the Company’s sole discretion.