Terms and Conditions

Spring in the Air Corp dba Spring in the Air (“Spring in the Air Corp” “Spring in the Air”, “we” or “us”), will inform you via this Terms and Conditions and Privacy Policy about how we use the information we gather from you through the use of each of our websites located at, or linked to, the URLs www.springsblossoms.com, www.springintheair.com, www.facebook.com/springintheair.

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.

These Terms and Conditions are a legal agreement between you and the Spring in the Air Corp Entity that is providing you the Site, product, or service (“Spring in the Air Corp”, “Spring in the Air”, “us”, or “we”). “Spring in the Air Corp Entity” means Spring in the Air Corp. or a corporate affiliate of Spring in the Air Corp. including subsidiary dba name Spring in the Air. These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and Spring in the Air Corp. regarding the subject matter hereof. These Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, to which notice of objection is hereby given, whether or not such terms or conditions are signed by Spring in the Air Corp. Any offer by Spring in the Air Corp. is conditioned on your acceptance of these Terms and Conditions.

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 © 2008-2017, 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 in the Air 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 in the Air 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 in the Air 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 protected]

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 in the Air 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 [email protected] 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 in the Air 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 protected]. 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.

Each of our Sites may contain User Content (defined below) provided by other users, links to other sites operated by third parties, advertisements and/or sponsorships provided by third parties, and stores, services, or product lines offered by third parties (all of the above are collectively called “Third-Party Materials”). We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain computer viruses that can affect your computer. You use all Third Party Materials at your own risk. We will not be in any disputes between you and any third parties described above. When you leave our site, our Terms and Conditions (including our Privacy Policy) no longer govern. Third parties should have their own terms and conditions of use and you should refer to them when interacting with them. If you have a problem with a link from any one of our Sites, please notify us at [email protected].

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 ofSpring in the Air Corp or another user. We will have no liability to you for any deletion of your User Content.

By providing, submitting, uploading any communications, reviews, comments, feedback, postings, materials, photographs or artwork, personalization content, or any other content for use on any of our Sites or in connection with a customized product purchase (“User Content”), you represent and warrant that you or the owner of all rights to such User Content and that such User Content does not violate our Acceptable Use Policy (below), and you hereby grant us, and agree to grant us, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license (with the right to sublicense) in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of the User Content in our sole discretion by any method now existing or later developed, subject to our Privacy Policy. Subject to our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Notwithstanding the foregoing, User Content that is Feedback will be assigned to Spring in the Air Corp in accordance with the Section on Feedback below.

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 agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Sites and your purchase of products or services through our Sites. 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 (including our 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 sites. 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.

 

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 in the Air Corp have agreed to an alternate billing arrangement in writing signed by Spring in the Air Corp, Spring in the Air 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.

Shipping and delivery: We only ship via FedEx service directly from our farms in Colombia, South America to any address in the US where FedEx service is available. We strongly advise that you enter a shipping address where there will be someone present to sign for the package. KEEP IN MIND THAT FRESH FLOWERS ARE A DELICATE, LIVE PRODUCT AND CAN SUFFER DAMAGE FROM EXPOSURE TO EXTREME TEMPERATURES. FRESH FLOWERS MUST BE KEPT AWAY FROM HEAT AND COLD IN ORDER TO GUARANTEE THEIR QUALITY. WE EXPRESSLY MENTION THIS IN OUR COMMUNICATIONS ABOUT YOUR ORDERS AND THEREFORE CANNOT BE HELD RESPONSIBLE IN CASE THE PRODUCT IS DAMAGED BY EXPOSURE TO EXTREME TEMPERATURES WHEN LEFT AT THE DOOR OR IF THE CUSTOMER DID NOT RECEIVE THE PRODUCT DIRECTLY FROM THE FEDEX COURIER. IF THERE ISN’T ANYONE PRESENT TO SIGN FOR THE PACKAGE WHEN THE FEDEX COURIER ARRIVES, THE FEDEX COURIER WILL LEAVE IT AT THE FRONT DOOR. ALTHOUGH WE WILL COMMUNICATE WITH YOU AS CLEARLY AS POSSIBLE ABOUT THE DELIVERY DATE AND TIME OF YOUR ORDER, YOU ARE RESPONSIBLE FOR ADVISING YOUR RECIPIENT ABOUT THE DELIVERY OF THE PACKAGE. AT OUR DISCRETION WE WILL EVALUATE THE SITUATION AND DECIDE IF YOU SHOULD BE REFUNDED BASED ON ALL COMMUNICATIONS WITH YOU DURING YOUR ORDER, SHIPPING AND DELIVERY PROCESS.
IN THE EVENT OF A CLAIM, IT MUST BE FILED BY YOU (THE BUYER) WITHIN 48 HOURS OF RECEIPT OF THE PRODUCT AS THIS IS MORE THAN ENOUGH TIME TO EVALUATE THE PRODUCT AND SEE IF THERE ARE ANY PROBLEMS WITH IT. AFTER THAT IT IS ASSUMED THAT YOU AND YOUR RECIPIENT HAVE RECEIVED THE PRODUCT IN GOOD CONDITION AND THAT YOU AND YOUR RECIPIENT ARE SATISFIED WITH IT. WE INCLUDE CLEAR CARE AND HANDLING INSTRUCTIONS IN OUR COMMUNICATIONS AND PRODUCT PACKAGES. WE WON’T BE HELD RESPONSIBLE FOR POOR PERFORMANCE OF THE PRODUCT AS THE CARE AND HANDLING INSTRUCTIONS INCLUDED IN THE PACKAGE AND IN OUR COMMUNICATIONS TO YOU MUST BE FOLLOWED BY YOU OR YOUR INTENDED RECIPIENT AND WE HAVE NO CONTROL OVER WHAT YOU DO WITH THE PRODUCT AFTER IT HAS BEEN DELIVERED.
LIMITATION OF LIABILITY:

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, SPRING IN THE AIR 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 IN THE AIRE 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 IN THE AIR 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.

Dispute Resolution

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 in the Air 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 in the Air Corp. To the extent Spring in the Air Corp believes that you have in any manner violated (or you threaten to violate) Spring in the Air Corp’s intellectual property rights, you agree that Spring in the Air 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 in the Air 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.

Indemnity

By using any one of our Sites, you agree to indemnify and hold Spring in the Air 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.

Severability

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 [email protected]