Terms and Conditions
The following rules (“Terms and Conditions”) govern the use of each of the websites located at, or linked to, the following URLs: www.springsblossoms.com, www.springintheair.com , the sale of products or services offered on any of the foregoing websites, and the Site Content (defined below) that may appear or be offered on any of the foregoing websites (collectively, our “Sites”). Please read the following Terms and Conditions carefully.
We reserve the right to change these Terms and Conditions at any time without any prior notice to you, effective immediately upon posting on our Sites. If you violate these Terms and Conditions, we may terminate your use of the Sites, bar you from future use of the Sites, and/or take appropriate legal action against you.
You may print a copy of these Terms and Conditions. We suggest keeping a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions.
Each of our Sites is owned and operated by us and are all © 2008-2014, ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on our Sites, as well as the selection, assembly and arrangement thereof, and includes our greeting, hint, reminder or Track & Modify Your Order services, our Affiliate Program(s) and corporate accounts, the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Spring’s Blossoms Corp. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
All logos and trademarks found in any of our sites (www.springsblossoms.com, www.springintheair.com, facebook/springintheair, pinterest.com/springintheair1/ are the sole property of Spring's Blossoms Corp and may not be used, printed or promoted in any commercial or promotional material, written or spoken, without our written consent.
The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Spring’s Blossoms Corp in the United States and/or other countries. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at email@example.com
Unless we allow “guest” purchases, you will need to establish an account with us to use certain features of the Sites (e.g., to order products and services from the Sites). During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that you are the customer who registered for the services, that you are using the services only for permitted purposes, and that you are not a competitor of Spring’s Blossoms Corp., Spring in the Air, or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us at firstname.lastname@example.org of any potential unauthorized use(s) of your account, or breach of security.
If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a user name that Spring’s Blossoms Corp or Spring in the Air in its sole discretion deems offensive; and (iv) you are not a competitor of Spring in the Air, or an agent thereof.
You agree that you are only authorized to visit, view, download, print, and retain a copy of pages of the Sites for your own personal use.
You shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the Sites (including the Site Content) (in whole or in part), unless otherwise specifically authorized by us to do so in writing. You may not access the Sites (including the Site Content) to build similar or competing Sites. You may not disassemble, reverse compile or reverse engineer any software contained on the Sites. If you wish to obtain permission to reprint or reproduce any Site Content you may contact us at email@example.com. We reserve the right to modify, suspend, or discontinue the Sites or any part thereof without notice to you. Any update we make to the Sites shall be subject to these Terms and Conditions.
You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties.
By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, one or more of our Sites and to any services offered on our Sites, and may modify or remove any User Content if we believe, in our sole discretion, 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, these Terms and Conditions, or the rights of Spring’s Blossoms Corp or another user. We will have no liability to you for any deletion of your User Content.
You agree that your User Content will not (a) plagiarize, violate or infringe upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, nor (b) contain unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
You agree that you will not use the Sites to: upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; interfere with or disrupt servers or networks connected to the Sites or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means; harass or interfere with another user’s use and enjoyment of the Sites; or engage in any illegal activities.
You may leave feedback directly on our website. All Feedback is subject to approval. We are not obligated to post any comments that, in our discretion, will damage our image as a merchant. We are free to use all feedback received at our website as we deem necessary, in any promotional material and throughout our websites without restriction.
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 any of our Sites.
All prices listed on the Sites are subject to change. In the event a product 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 shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, 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 immediately issue a credit to your credit card account in the amount of the charge.
Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
Order Acceptance Policy: We reserve the right to accept or refuse any order that you place through our sites. If, in our own discretion, we deem your order and your requests unreasonable we will cancel your order. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
The availability of products and other items on each of the Sites may change at any time, without notice. Our product is of limited availability and we may cancel any order that we are not able to fill in the quality standards that we advertise on the sites.
We will do every attempt to fill your order as it has been described in our sites and we aim to fully please our customers by providing the best possible experience to them. However, since the flowers are being shipped directly from Colombia, South America, to any door in the USA where FedEx service is available, complications may arise that are out of our control. Such complications may include (but are not limited to) the following:
-Weather delay causing the FedEx aircraft containing your flowers to be grounded.
-Technical difficulties and mechanical issues causing the FedEx aircraft containing your flowers to be delayed in departure.
-Late arrival for any reason by the FedEx aircraft to the destination station causing your package to arrive after the local FedEx courier has left the station.
-Although we advise you of an estimated time of arrival of your package based on your zip code, there may be traffic or technical issues that cause the FedEx courier to arrive later than the estimated time of arrival.
We will not accept any responsibility for any of the above issues that are clearly out of our control.
In the event that any such issues mentioned above cause damage to the products we shipped, you must inform us within 2 calendar days and we will, at our discretion, replace the product, or issue you store credit in the amount of the item in question, or issue a refund to your credit card in the amount you have spent in our online stores for the item in question. We will make every attempt to communicate with you and ensure that you are satisfied.
For each product or service you order on any of the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and Spring's Blossoms Corp have agreed to an alternate billing arrangement in writing signed by Spring's Blossoms Corp, Spring's Blossoms Corp will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Coupons and Discounts: Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. All coupons are limited to one use per customer and one promotion per order.
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, SPRING'S BLOSSOMS CORP, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR 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 SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO SPRING'S BLOSSOMS CORP FOR THE APPLICABLE TRANSACTION THAT HAS CAUSED THE LIABILITY.
Since 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. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
Basis of Bargain
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN SPRING'S BLOSSOMS CORP AND YOU. SPRING'S BLOSSOMS WOULD NOT BE ABLE TO PROVIDE THE SITES (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS.
Applicable Law: The Terms and Conditions and any legal action against us shall be governed in all respects by the laws of the State of Florida and as those laws apply to agreements entered into and to be performed entirely within Florida, without regard to conflict of law provisions.
Forum and Jurisdiction: You agree that any claim or dispute you have or may bring against Spring's Blossoms Corp must be resolved by an appropriate federal or state court located in Dade County, Florida. You agree to submit to the personal jurisdiction of the courts located in Dade County, Florida for the purpose of litigating any claim or dispute you have with or bring against Spring's Blossoms Corp. To the extent Spring's Blossoms Corp believes that you have in any manner violated (or you threaten to violate) Spring’s Blossoms Corp's intellectual property rights, you agree that Spring's Blossoms Corp is entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any appropriate jurisdiction.
Arbitration of Certain Disputes: Any claim or dispute you individually have or may bring against Spring's Blossoms Corp (excluding claims for injunctive or other equitable relief) may, at your option, be submitted to confidential arbitration, instead of being resolved by an appropriate federal or state court located in the Dade County, Florida. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The option to arbitrate does not apply to arbitration of representative or class claims, and no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Outside the United States
We don't make any representations that the Site Content is appropriate for access outside the United States. If you access any one of our Sites from outside the United States you do so out of your 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.
By using any one of our Sites, you agree to indemnify and hold Spring's Blossoms Corp, its affiliates, subsidiaries, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions.
If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.
Other General Provisions
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.
How to Contact Us:
e-mail us with any comments or questions at firstname.lastname@example.org
1. What information does Spring's Blossoms Corp and Spring in the Air collect from you or about you? We collect Information that lets us know the specifics of who you are and can be used to identify, contact or locate you. This information is requested when you register with us, order a product or service, fill out surveys, participate in contests or sweepstakes, correspond with us, or otherwise volunteer information, for instance, through the use of one of our greeting, hint or reminder services or to request a catalog. This Information might include your name, mailing address, telephone number, mobile phone number, email address, and other identification and contact information. If you are using a greeting, email a friend, hint or reminder service on one of our Sites, we may ask you to provide the name, mailing address, email address, telephone number, mobile phone number, age, date of birth, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, and certain holiday information that may reveal one’s religious background, so that we may send them or you an email, hint or reminder about an event that could be made more special with the gift of our products. 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. We may also collect information that does not identify a specific individual by itself or in combination with other information. We may gather certain information about you such as age, date of birth, gender, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, certain holiday information that may reveal one’s religious background, as well as consumer purchasing information. This information may be collected and analyzed on both a personal and an aggregated basis. This information may include the website’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 Internet. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the Internet. 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 Internet, allowing Internet 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?
3. Who is collecting your information?
4. Who do we share your information with?
Unless it is stated differently in this Policy, we do not sell, trade or rent your information collected on our Sites to others. We may disclose certain information (names, postal addresses and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to direct marketing companies for trade or rental purposes. You may opt out of this disclosure as described below. In certain circumstances under California law, consumer customers of Spring in the Air are entitled to certain information regarding any personally identifiable information (as defined by certain California laws) we may share with direct marketing companies. Personally identifiable information generally is defined under California law as information that identifies specifics about an individual and can be used to identify, contact, or locate an individual including that individual’s name, mailing address, telephone number, mobile phone number, email address and other identification and contact information. If you are an eligible customer of Spring in the Air and would like to receive a list detailing the types of personally identifiable information we share with direct marketing companies and the names and addresses of all direct marketing companies that we provide personally identifiable information to, please email us at email@example.com. We will respond to any request for information at such email address within thirty (30) days. We may provide information, including aggregated or segmented statistics about our customers, sales, traffic patterns, and related Site information, to third parties. If you are using a greeting, email a friend, hint or reminder service on one of our Sites, then you may have the option of sharing your Personally Identifiable Information, as well as information that you have entered regarding third parties, with others. If you share this information with third parties, these parties may disclose or use this information in ways not described in this Policy. If we receive a request from a recipient asking who sent flowers or another gift we will provide the name and any other information as contained on the gift message accompanying the flowers or gift. 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. If you provide any of our third-party partner companies with consent for Spring’s Blossoms Corp to provide your Personally Identifiable Information to such company, then we will provide such information to them. You acknowledge and agree that we may rely on the third-party company’s representation that it has received such consent. We may disclose information if we believe in good faith that such disclosure is necessary to comply with relevant laws or to respond to subpoenas or warrants served on us or to protect or defend the rights, property, or safety of our users, other and ourselves. For example, we may release account information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions of Use or to protect or defend the rights, property and safety of our users, others and ourselves. We may be required by law enforcement or judicial authorities to provide information to the appropriate governmental authorities. We will disclose 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. In case there is a merger, consolidation, or sale or transfer of all or substantially all of the assets or business of any one or more of the Spring’s Blossoms Corp companies or Sites, one of the assets that would generally be transferred is the information we collect from our visitors and customers (including both financial records and consumer information). However, the use of this information by any successor entity would still be governed by the terms of this Policy, as amended from time to time, including any amendment after such transaction.
5. How can you update, correct or delete your information?
When ordering online you can review, change or delete the information that you have submitted. You may change any of your personal information in your account(s) online at any time. You may ask us in writing via mail or email at firstname.lastname@example.org 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. We may also be required by law or otherwise to keep certain information and therefore will not delete it or will delete it only after we have fulfilled the applicable requirements. Note that we may retain changed or deleted information for archival or other purposes. If you are using a greeting, hint or reminder service on one of our Sites, we may ask you to provide certain information about you, a friend, a loved one, family members or other third parties. You, the loved one, friend, family member, or other third-party, may contact us at email@example.com to request the removal of such information from our database.
6. What can you choose regarding marketing correspondence?
You will have the chance to opt out of receiving newsletters and promotional emails for products and/or services offered on any one or more of our Sites. Once we have processed your request, we will not send you promotional emails with respect to products and/or services offered by us through the particular Site(s) of which you had opted out unless you opt back in to receiving such communications. If you make a purchase or an attempted purchase on one of our Sites, you will be opted back in to our newsletters and promotional communications until you opt out or unsubscribe once again.
You can opt out of receiving newsletters, promotions, non-transactional related emails or phone calls from us either by following the unsubscribe instructions in the applicable email you receive from us (if applicable), while you are completing our online web form (if applicable), by calling us at 877-417-9657, or by sending an email to us at firstname.lastname@example.org with “Unsubscribe” in the subject line.
Despite your choices regarding promotional emails, we may continue to send you Operational Emails. Please note that our Operational Emails about your order may contain some additional marketing offers from us or our trusted third-party partners, but the primary purpose of such Operational Emails is to inform you about your order. Should you not wish to receive such Operational Emails from us, please do not order products from us or our Sites. If we send you a communication requesting your consent or permission (a “consent”) in connection with this Policy or our Terms and Conditions (including a consent to modifications thereto), such consent is deemed to be given unless you contact us to withhold such consent within the time stated in the communication (“opt out”) or applicable law expressly prohibits an opt out with respect to such request for consent.
7. What security precautions are in place to protect against the loss, misuse or alteration of your information under our control?
We fully trust our service provider BigCommerce to keep this information safe in their servers. We are not responsible for any breach of security that BigCommerce or their servers may undergo. They use highly regarded industry security standards which is why they are responsible for keeping all information we collect safe. The BigCommerce servers protect this information using password protection and advanced encryption, and they may use firewall technology for additional protection. 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. We also encourage our partners and service providers to adopt and follow stringent consumer privacy policies.
8. Children and privacy.
The Children’s Online Privacy Protection Act took effect on April 21, 2000, and imposes certain requirements on websites directed toward children under 13 that collect information on those children, or on websites that know they are collecting Personally Identifiable Information from children under the age of 13. We want to let you know that it currently is our policy not to collect Personally Identifiable Information from any person under 13 because children are not permitted to use the Sites or services on the Sites, and we request that children under 13 not submit any personal information to us via the Sites. 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 from children under 13, we shall erase such information from our records and terminate the applicable account. Our greeting, hint or reminder services are designed not to gather birthdates (with years) or other personal information directly from children under 13. However, there may be instances where you will be allowed to enter birthdates (with years) for children under 13 while using one of our greeting, hint or reminder services whereby no Personally Identifiable Information, other than name, may be linked to such child. This process is designed so that we will not knowingly market to such children under 13 while being able to provide you with increased functionality for our greeting, hint or reminder services.
10. Contacting us about privacy:
If you have any questions about this Policy, the practices of any of our Sites, or your dealings with any of our Sites, please contact us by sending a letter to: Spring’s Blossoms Corp, 80 SW 8th ST STE 2000, Miami, Fl, 33130, or by sending an email to email@example.com
11. Policy changes.
This Policy was last changed on January 24th, 2014. If we make changes to any terms or conditions of the Policy, the changes will be posted on this portion of the Sites so that you will always know what information we gather, how we might use that information, to whom we will disclose it and what choices you have. We reserve the right to make any changes to this policy and our terms and conditions at anytime without prior notice to you.