Terms & Conditions
Last updated: June 3, 2024
Delivery Terms & Conditions
We ship our orchids to recipients all over the United States, including Alaska, Hawaii, and Puerto Rico.
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We work with FedEx and UPS to ship our orchids boxed up safely for transit via expedited delivery methods so the orchid plants of your choice arrive fresh.
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We ship to deliver Monday through Friday during the delivery window you select during checkout. Delivery windows are 48-hour windows during which you can expect your order to be delivered. Because we work with third-party delivery companies, we cannot guarantee delivery times.
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Our shipping partners do their best to alert recipients when deliveries are made, but in certain circumstances (e.g., the recipient lives in a complex with a doorman, the delivery is made to a mailroom of an office building, etc.), the delivery driver may be unable to notify the recipient when a delivery is complete.
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Our top priority is your satisfaction. If you encounter any issues, please don't hesitate to reach out. We are committed to making things right and exceeding your expectations. While we can't control unforeseen circumstances, we will always strive to go above and beyond to ensure your satisfaction.
Service Terms & Conditions
The Lee and Company Orchids website is provided by Lee and Company Orchids for your personal, non-commercial enjoyment, subject to the terms and conditions of use set forth here and all modifications thereto (the "Terms"), and the rules that may be revised by Lee and Company Orchids. By using the Site, you are explicitly agreeing to these Terms. The term "Site" includes the website located at LeeandCompanyOrchids.com and any other online properties owned or operated by us.
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We may revise these terms at any time without actual notice. All such changes to the Terms will appear on our Site, and be effective immediately. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms, please do not use this Site.
Description of Services
Lee and Company Orchids, via the Site, provides users with the ability to purchase orchids (“Goods,” and “Services) at a regular, wholesale, and discounted rate.
Terms of Sale
By placing an order on LeeandCompanyOrchids.com, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, or delivery fees), and agree to the terms, restrictions, and conditions of the purchase as of the time you submitted the order.
Unless you and Lee and Company Orchids have agreed to an alternate billing arrangement in writing signed by Lee and Company Orchids, we will automatically bill the credit card submitted as part of the order process for such price. After placing your order, you will receive a confirmation email and a confirmation email once your order is delivered. All purchases are non-refundable.
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You must create an account to purchase from Lee and Company Orchids. We need this information to process your payment for products and provide you with easy access to print your receipts, view your past purchases, and modify your shipping and billing preferences.
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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 due amounts.
Sales Tax
Sales taxes are not included in the price of the products. We will automatically charge and withhold the applicable sales tax for orders placed through LeeandCompanyOrchids.com
Delivery
Orchids are delivered to the contiguous United States, including Alaska and Hawaii, via our shipping partners, FedEx and UPS, within the two-day delivery window selected during checkout.
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Regretfully, our shipping partners can only make one delivery attempt. If they are unable to locate the recipient or authorized receiver at the time of delivery, they may leave th the residence. Before major holidays, we recommend that you place your orders at least five days in advance.
Payment Options
LeeandCompanyOrchids.com uses the industry's leading security technology to ensure that your order will be safe and secure. Please read our Security and Privacy policies for more information.
LeeandCompanyOrchids.com accepts Visa, MasterCard, Discover, and American Express. All orders are subject to HI sales tax. You will have an opportunity to review this amount before submitting your order.
Limitations of Liability
Your sole remedy for any dispute with us is to discontinue your use of Lee and Company Orchids. In no event shall our liability, or the liability of our Officers, Directors, Agents, Partners, and Vendors, for any and all claims relating to the use of the site and services exceed the total amount of fees that you paid us during the previous one-year period of use for the specific service of the issue.
We, our Officers, Directors, Agents, Partners, and Vendors, shall not be liable for any indirect, incidental, consequential, or special damages arising from your use, or inability to use, or reliance upon our site and services. These exclusions apply to any and all claims of lost profit or goodwill, even if we knew, or should have known, of the possibility of damages. If jurisdiction does not allow the exclusion of liability for damages, in such jurisdiction, our liability, and the liability of our Officers, Directors, Agents, Partners, and Vendors, shall be limited to the extent permitted by law.
Gift Cards and Account Credit
Lee and Company Orchids emphasize the importance of safeguarding your gift certificate. We are not liable if your gift certificate is lost, stolen, or destroyed, or if your account credit or gift certificate is used without your permission. Be aware of various gift certificate scams that request payment by gift certificate. Lee and Company Orchids is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any gift certificate. Please treat your gift certificate like cash and safeguard both it and access to your Lee and Company Orchids account accordingly.
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Lee and Company Orchids reserves the right to refuse to accept gift certificates that it believes were obtained fraudulently.
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Lee and Company Orchids may require additional verification of your identity, gift certificate or account ownership, or provision of an additional payment instrument in certain circumstances. This may be necessary before you are able to apply a gift certificate to your account or to make a Lee and Company Orchids purchase.
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We reserve the right to change these terms and conditions without notice from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
By using a gift certificate, you agree to comply with these terms and conditions and not to use a gift certificate in any manner that is misleading, deceptive, unfair, or otherwise harmful to Lee and Company Orchids, its affiliates, or its customers.
We reserve the right, without notice to you, to void gift certificates (including as a component of your Lee and Company Orchids account credit) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a gift certificate or account credit is obtained, used, or applied to a Lee and Company Orchids account (or your Lee and Company Orchids credit is applied to purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
User Account and Profile
Creating an account with Lee and Company Orchidsep for making a purchase from the Site. By choosing to create an account or profile with us, you are taking a responsible step. We value your commitment to providing only accurate, complete, crucial ststration information and to keep that information up-to-date if it changes. This ensures a smooth and secure experience for you and all our users.
When you register, you will obtain unique login credentials (a “User ID”). Access to the Farmgirl Flowers Site and Services is not authorized by any other person or entity using your User ID, and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Lee and Company Orchids may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
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Lee and Company Orchids rely on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that has been issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Trademarks
The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of LeeandCompanyOrchids.com and partner entities. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Lee and Company Orchids or relevant third party, which may own the Marks. All information and content available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes.
Links to Third-Party Sites
We do not have control over websites that Lee and Company Orchids may link to. Our website may contain links to third-party websites that are not owned, operated, or controlled by Lee and Company Orchids. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third-party site. By using Lee and Company Orchids, you expressly relieve us from any and all liability arising from your use of any third-party website.
Disclaimers of Warranty
We provide the Site and Services "as is, " with all faults," and "as available." We and our suppliers and partners make no express warranties or guarantees about the Site, Goods, or Services. To the extent permitted by law, we and our Officers, Directors, Agents, Partners, and Vendors disclaim implied warranties that the site and services are merchantable, of satisfactory quality, accurately depicted and described, appropriate for a particular purpose or need, and non-infringing.
We do not guarantee that Lee and Company Orchids will meet your particular purpose or need, is error-free, reliable, and available at all times and without interruption. We do not make any warranties as to privacy and security other than as expressly stated in the Privacy Policy.
No oral or written information or advice given by a Lee and Company Orchids representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot, and does not attempt to, change.
Indemnity
You agree to indemnify and hold harmless Lee and Company Orchids, parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents and representatives of each of them, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your access to or use of the Service; (ii) your violation of the Terms of Service; (iii) the infringement by you, or any third party using your account, of any intellectual property, copyright infringement, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Lee and Company Orchids.
Submissions to Lee and Company Orchids and Affiliated Servers
Any information you transmit to this website, by electronic mail or otherwise, including any data, questions, comments, suggestions, graphics, or the like, is, and will be treated as non-confidential and non-proprietary information. Any information communicated to Lee and Company Orchids through this website is the exclusive property of Lee and Company Orchids. Lee and Company Orchids are entitled to use any information submitted for any purpose without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Lee and Company Orchids and accepts responsibility for its accuracy, appropriateness, and legality.
Reservation of Rights and Release
In operating this site, we do not solicit, nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
Feedback
We welcome all comments, feedback, information, or materials regarding our Sites (“Feedback”) that you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of Provide Commerce. By submitting Feedback to us, you hereby assign and agree to assign to us all rights, titles, and interests in copyrights and other at no charge. We shall be free to use Feedback on an unrestricted basis.
Electronic Communications
The communications between you and Lee and Company Orchids use electronic means, whether you visit the Site and send us email communication or whether Lee andmunicate Company Orchids post notices on the Site or com with you via email. For contractual purposes, you (a) consent to receive communications from Lee and Company Orchids in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lee and Company Orchids provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Provisions Unenforceable or Invalid
The Terms and Privacy Policy, as amended from time to time, constitute the entire Agreement (the "Agreement") between you and Lee and Company Orchids. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason without prior notice. This Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any order issued prior to termination will be honored according to its terms and conditions.