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Terms and Conditions of Service

General Terms.
Customer Agrees to the following terms prior to buying products or pursuing services from Bunches West, DBA Fresh Petal. Notwithstanding any statements on the freshrosepetals.com website and related web-pages, these Terms and Conditions are the agreement between Bunches West Inc. (DBA Fresh Petal) and you. By submitting your order and completing the checkout process on the www.freshrospetals.com website, you affirm that you have read the Terms of Service Agreement and that you understood and agree to the terms and conditions set forth below. If you do not agree with the terms and conditions of this agreement you may not use the www.freshrosepetals.com site for services.

Offer Acceptance.
By submitting a completed order at the time of checkout, pursuant to these Terms and Conditions, the items you select will be submitted to www.freshrosepetals.com electronically in the form of a purchase order. Fresh Petal may accept your order by sending you a confirmation email that your order has been received and accepted. However, it will be at Fresh Petalís discretion to accept or reject the order you submit to us. Therefore, for all technical purposes your order is to be understood to be an offer to buy from us specific items and we reserve the right to accept or reject your offer. In the event that Bunches West Inc. accepts your offer to buy items through our www.freshrosepetals.com website and subsequent web-pages, this Terms of Service Agreement, between you and Bunches West Inc. will govern as the legal binding agreement between both parties. The only parties that can be involved in this agreement and resolve disputes are you (the person submitting the order) and Bunches West Inc.

Responsibilities.
If Bunches West Inc. accepts your order, Bunches West Inc. shall in return for your payment, provide the products, if available, that you have requested electronically on the www.freshrosepetals.com website and subsequent web-pages. The products shall be delivered to you through a bona fide shipping service, confirmed by you at the time of purchase in the checkout page. Due to the nature of fresh products becoming unavailable at the last minute, we may need to substitute a similar flower/product or different color or variety unless you indicate on your order that no substitutions are acceptable.

Disclaimer of Products sold on the Website.
While we work to ensure that product information on this web site is correct, actual product packaging and materials may contain more and/or different information than that shown on our web site. Bunches West does not warrant that product description, pictures or other content is error-free on www.freshrosepetals.com.

Product Pricing and Charges.
You will be charged prices for products you purchased at the time of leaving the checkout. Delivery times will be as agreed at the time of the order placed on www.freshrosepetals.com. All goods will be shipped to the address provided by you at the time of purchase. Cancellations of orders are accepted up to one week in advance of your shipping date. We will retain a $20.00 cancellation fee for all cancellations.

Promotions.
Items on the website will be periodically or from time to time be offered at special low prices. There may also be promotions like, "buy one get one free" or "buy two and get one free". To be sure you get the product and quantities you desire, please indicate the exact quantity you want to buy. We will deliver to the best of our ability the exact number of requested products. Refunds or credits will only be issued on promoted items that are shipped and are specifically paid for at the time of shipment. There will be no refunds on items that have been shipped but you did not pay for.

Customer Communications. Bunches West Inc. will conclusively assert that our online communications with you are received by you through the use of the online order form on www.freshrosepetals.com. We conclusively assert that the information provided by you is accurate to the point that you are the buyer of the ordered goods. You hereby agree not to contest the validity and binding effect of our communications. There will be occasions when Bunches West Inc. may contact you via email in regards to issues pertaining to your purchase. These emails are referred to by us as: "Special Service Notification". You must read these emails as they will pertain to your order and will keep you informed of possible events that affect your shipment(s).

Eligibility.
You must be 18 years of age or older in order to order with Bunches West Inc.

Payment Methods.
You can pay by Visa and Mastercard or with PAYPAL.

Product Availability and missing/damaged items upon delivery.
Although Bunches West Inc. will do everything in its power to ensure timely and accurate delivery, it is possible that there may be delays or inaccurate items delivered. It is also possible that at the time of shipment some of the products/items purchased were unavailable, there was human error in fulfilling your order, or an unforeseen event occurred during shipping that affected the timeliness of delivery or caused product damages to the goods.

If an item(s) is missing or damaged at the time of delivery you have 48 hours to contact us and notify Bunches West Inc. either by calling our customer service line (1-866-738-2573) from Monday through Friday between 9:00am and 2:00pm PST (except holidays and weekends), or sending us an email to info@freshrosepetals.com. Refunds will not be issued on claims past the 48 hours window.

Bunches West Inc. Customer Satisfaction Promise.
If you are not satisfied with your purchase, Bunches West Inc. will issue a credit to your credit card or will reimburse you in the same manner you paid for your purchase including taxes (when applicable) on returns. Bunches West Inc. may arrange to its sole discretion to retrieve the item before completing credit or reimbursement.

In order to qualify for a refund on items you express dissatisfaction with, you must email your request to info@freshrosepetals.com or call our toll free number 1-866-738-2573 and speak with a customer service representative. You must call Monday through Friday from 9:00am to 2:00pm PST, except national holidays.

Product Information.
Bunches West Inc. will attempt to update the product information on freshrosepetals.com as and when the information is provided to us by the manufacturer.

Disclaimer of Warranty.
Bunches West Inc. provides on line shopping through freshrosepetals.com on a "As is" and "As available" basis. Bunches West Inc. does not provide any kind of assurances on the availability, of products sold. Bunches West Inc. makes no claims, representations or warranties whatsoever, as to the substance, accuracy, or sufficiency thereof of any product offered for sale on its freshrosepetals.com website.

Limitation of Liability.
Bunches West Inc. shall not be liable to you for any interception of online communications, software or hardware problems (including without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequence beyond the reasonable control of Bunches West Inc. Any liability of Bunches West Inc. (including its employees, affiliates or agents) to you for damages, injuries, losses and causes for legal action, of any nature whether in contract, tort, or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by you to Bunches West Inc. in your most recent use of the online shopping service immediately or prior to the claimed injury, loss or damage. PLEASE NOTE THE FOLLOWING TERMS AND CONDITIONS WHICH ARE APPLICABLE TO THIS PURCHASE ORDER AND MAY NOT BE CHANGED OR AMENDED EXCEPT BY THE WRITTEN CONSENT OF SELLER: 1. Liability of Seller extends only to the quality and condition of flowers/petals only and shall not extend to any consequential or indirect costs or damages arising from the delivery or use of such products. 2. Fresh Products including all flowers and petals are guaranteed only as to the merits of appearance. 3. Seller will have no liability with respect to untimely arrival and/or damages during shipping which are the result of third party carriers. Seller does agree to ship on a timely basis for arrival on or before agreed upon date. 4. Products are not to be eaten or consumed as part of beverages or otherwise. Such use may cause serious injury or death. 5. Seller is not liable for any slip or fall or any other personal injury relating to petals used on floor surfaces or linings. 6. Seller shall have no liability for staining or damage to facilities, fabric, or personal property resulting from any use of the products. DISCLAIMER AND LIMITATION OF WARRANTY AND LIABILITY. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR QUALITY EXCEPT AS EXPRESSLY SET FORTH HEREINABOVE. IN NO EVENT SHALL SELLERíS TOTAL LIABILITY TO BUYER OR ANY OTHER PARTY EXCEED THE AMOUNT OF THIS PURCHASE ORDER REGARDLESS OF THE FAILURE OF OTHER REMEDIES UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES, SHALL SELLER BE LIABLE WHETHER BASED ON BREACH OF CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL

Confidentiality.
Bunches West Inc. values you as a customer and your right to privacy. Except as it may be otherwise required by law, Bunches West Inc. (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is only available to personnel that have a need to know that information in relation to processing and fulfilling your order. (ii) Bunches West Inc. does not sell or share with anyone or any institution (unless requested by a judge or legal decree) your personal information. Your name, address, email and any other information that you may voluntarily provide us, will remain confidential and will not be used outside the scope www.freshrosepetals.com business requirements.

Applicable Law.
These Terms and Conditions and the order form, collectively constitute the sole and entire agreement between Bunches West Inc. and you. In the event of dispute the parties (you and Bunches West Inc.) agree that the jurisdiction for disputes hereunder will be resolved according to the State of California Law and that the legal jurisdiction for any dispute will solely reside in Watsonville, Santa Cruz County, California.

Changes to Terms and Conditions.
These Terms and Conditions may be amended from time to time. In the event that Bunches West Inc. makes changes or modifications to this Agreement, these changes will not be retroactive and will only apply on the orders you place after the amendment has been duly posted on our freshrosepetals.com website.

Agreement Governance.
These Terms and Conditions as amended from time to time shall be the sole terms of the agreement between you and Bunches West Inc. regarding your online purchases. All other statements on the website are intended only for your convenience and do not form part of this Agreement.

Taxes.
If you become aware of any unpaid taxes or other amounts with respect to your purchases, you must communicate / report this immediately to Bunches West Inc.

Right to Refuse Service.
Bunches West Inc. in its sole discretion, reserves the right to refuse service to anyone with or without expressing cause or reason.

Copyright and Proprietary Rights.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bunches West Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Bunches West Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Bunches West Inc. or its software suppliers and protected by United States and international copyright laws

Trademarks.
All marks indicated on our site are trademarks of Bunches West Inc. or its subsidiaries, in the United States and other countries. Bunches West Inc. graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Bunches West Inc. or its subsidiaries. Bunches West Inc. trademarks' and trade dress may not be used in connection with any product or service that is not Bunches West Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bunches West Inc. DBA Fresh Petal or freshrosepetals.com. All other trademarks not owned by Bunches West Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bunches West Inc.

License and Site Access.
Bunches West Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bunches West Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose, commercial or otherwise, without express written consent from Bunches West Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bunches West Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fresh Petal or freshrosepetals.com name or trademarks without the express written consent of Bunches West Inc. Any unauthorized use terminates the permission or license granted by Bunches West Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of freshrosepetals.com so long as the link does not portray Fresh Petal, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Bunches West Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

Testimonials, Comments, Communications or Registered Content.
Users may submit a Testimonial for posting on the site, or submit articles, suggestions, ideas, comments, questions, or other information via email. Users should take care that all content they submit is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such submitted content. Bunches West Inc. reserves the right (but not the obligation) to remove or edit or reject such content. If you do post content or submit material, and unless we indicate otherwise, you grant Bunches West Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bunches West Inc. and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit for posting; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bunches West Inc. or its affiliates for all claims resulting from content you supply.

Data Use.
Bunches West Inc. uses personally-identifying information in limited circumstances. For example, we may use your name to thank you personally for your business when you make a purchase. We also use this information when you win a contest or sweepstakes. Bunches West Inc. may use your personal information to give you personal coupons, offers or other information which may be provided by Bunches West Inc. proprietary data base or from legally purchased third party companies that have the legal right to sell us your information. Bunches West Inc. does not sell or lease or loan for money or for free your personal information or any information we get directly from you or other customers.

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"The flowers were amazing! I also loved the way you packed them, believe it or not. Guaranteed freshness. I referred you to someone else in my office who I know also ordered from you. I will be coming back. Thank you and your entire organization for such quick, courteous and conscientious service. A true rarity."

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Jack Schimmelma
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