Terms & Conditions

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GENERAL DESCRIPTION
This website is operated by FLOVERS. Throughout the site, the terms “we”, “us” and “our” refer to FLOVERS. FLOVERS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these terms and conditions carefully before using Our Online Store.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these terms and conditions carefully before using Our Online Store.

Interpretation and Definitions

A) Interpretation
Words whose initial letter is capitalized have meanings defined under the following conditions. The following definitions will have the same meaning regardless of whether they appear in the singular or plural.

B) Definitions
For the purposes of these Terms and Conditions:

• Account means a unique account created for You to access our Online Store or parts of our Online Store.
• Country refers to: Commonwealth of Puerto Rico or Puerto Rico.
• Company (referred to as “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Flovers Flower Shop and/or JKS, LLC established at 778 St. Patrick Avenue, Las Lomas, San Juan, PR 00921.
• Device means any device that can access the Online Store, such as a computer, cell phone, digital tablet or smart TV.
• Goods means the items or products offered for sale in the Online Store.
• Orders or Orders means a request by you to purchase Goods from us.
• Promotions refer to contests, sweepstakes or other promotions offered through the Online Store.
• Online Store refers to the Shopping Web Platform.
• Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Online Store.
• Third Party Social Media Service means any content (including data, information, products or small online stores) provided by a third party that may be displayed, included or made available through their services to the Online Store.
• The web platform refers to the Online Store of Flovers Flower Shop and/or JKS, LLC, accessible from https://floverspr.com and/or https://floverspr.shop
• You means the person, customer or user accessing or using the Online Store, or the company or other legal entity on behalf of which such person accesses or uses the Online Store, as applicable.

These are the Terms and Conditions that govern the use of this Online Store and the agreement that operates between You and the Company. These Terms and Conditions establish the rights and obligations of all users with respect to the use of the Online Store. Access and use of the Online Store is conditioned on your acceptance and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, customers, users and other persons who access or use the Online Store. By accessing or using the Online Store, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you will not be able to access the Online Store.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents use this site. The Company does not allow minors under eighteen (18) years of age to use the Online Store, as there are products and/or items that may contain alcohol.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. Failure to comply or violate any of the Terms will result in the immediate termination of your Services.

Access and use of the Online Store is also conditioned on your acceptance of and compliance with the Company's Privacy Policy . Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the web platform and informs you of your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using our Online Store.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to meet and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. . The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without prior notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer, mobile device or TV monitor will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - PLACING ORDERS OR ORDERS FOR GOODS
By placing an Order or Order for Goods through the Online Store, You warrant that You are legally capable of entering into binding contracts.

To use this Online Store, without exceptions, it is mandatory that you read and accept these Terms and Conditions in the shopping cart before continuing to manage the payment. If you do not agree, simply cancel your purchase in the cart.

Your information
If You wish to place an Order or Order for Goods available in the Online Store, You may be asked to provide certain information relevant to completing Your order or request, including, but not limited to, Your name, Your email, Your telephone number, Your credit card number (if applicable), the expiration date of Your credit card (if applicable), Your billing address and Your physical delivery or shipping address (if applicable).

You represent and warrant that: (i) you have the legal right to use any credit or debit card or other payment method physically or digitally in connection with any Order or Order; and that (ii) the information you provide to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third party payment processors in order to facilitate the completion of your order in a secure, reliable and attack-free channel.

SECTION 7 - CANCELLATION OF ORDER
We reserve the right to refuse or cancel Your order or order at any time for certain reasons, including, but not limited to:

• Availability of merchandise.
• Errors in the description or prices of the Goods.
• Errors in your order or request.
• Inconsistencies in the billing and/or physical information provided to process payment, delivery or shipping (if applicable).
• The total cost of the order does not meet the minimum cost of $15 dollars (plus the separate delivery cost) to qualify for delivery in your selected municipality.

We reserve the right to refuse or cancel your order if you do not comply with these Terms and Conditions or fraud or an unauthorized, declined or illegal transaction on the part of the cardholder or usurper is suspected.

SECTION 8 - YOUR RIGHTS TO CANCEL ORDERS OR ORDERS
In all of our two (2) stores located in San Juan and Patillas, all purchases are final, except in certain exceptional cases. The Management and/or Online Store reserves the right to accept, deny and/or honor exchanges or returns, as applicable. For more details, please read the Return Policy.

Our florist works with natural and decorative products in the design, preparation and delivery of fresh flowers daily. All purchases are final, but if for reasons beyond your control unauthorized payments, fraud schemes, identity theft occur in which you can prove, exceptions may occur that are at the discretion of the Management and/or Online Store to grant said cancellation. . Any order or request for a perishable product and/or edible item, its sale is final.

To request a cancellation, you must meet the following conditions:

1. The Order or Order is recent and two (2) hours have not passed since the payment was completed;
2. your item must be unused and in the same condition as you received it in the original packaging,
3. and if it has a delivery option, it has not been delivered.

The Online Store is dedicated to the retail sale of high-quality floral arrangements with carefully selected natural fresh flowers and other products or items derived from the floristry industry. However, the Online Store is not responsible for, nor does it guarantee, the durability of the flowers once they are shipped from our florists, including and not limited to:

1. the perfection of said natural fresh flowers, as well as their parts (petals, stems, color tones),
2. the poor condition of the product or article in which it is located (high temperature, humidity and unsuitable environment),
3. natural deteriorations of all parts of the flower,
4. dehydration, loss of color, composure or shape,
5. destruction of the product or article by pets or third parties,
6. meteorological, human, natural or God-given causes,
7. any mistreatment of the product or wrapped item
8. and the recipient's rejection (if applicable) once it is delivered.

If the customer is not satisfied with the product or item delivered, it must be returned in its entirety with all its accessories (if applicable), as soon as possible within two (2) hours at the florist where the purchase was made to receive a credit or exchange that will be subject to the Return Policy. No money is returned if you comply with the aforementioned lines from one (1) to eight (8).

Any products or items you purchase can only be returned in accordance with these Terms and Conditions and our Returns Policy .

Your right to cancel an order or order only applies to Goods that are returned in the same condition in which you received them. Delivery costs and products or items that are damaged, incomplete, not in the same condition in which you received them or simply comply with the mentioned lines will not be refunded. You must therefore take reasonable care of the purchased Goods whilst they are in your possession.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please see our Returns Policy .

SECTION 10 - AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our catalog of products or items, as well as offers for Goods in the Online Store. Goods available in our Online Store may be incorrectly priced, described incorrectly or not currently available, and we may experience delays in updating information about our Goods in the Online Store and in our advertising on other sites. Web. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, product variations, availability and services. We reserve the right to change or update information and correct errors, inaccuracies or omissions at any time without prior notice.

SECTION 11 - PRICING POLICY
The Company reserves the right to revise its prices at any time before accepting an order or order. Quoted prices may be revised by the Company after accepting an order or order in the event that anything occurs that affects delivery due to government action, variation in customs duties, increased delivery costs, foreign exchange costs higher and any other matter beyond the control of the Company. In that case, you will have the right to cancel your order or request.

SECTION 12 - PAYMENT METHODS
All Goods purchased are subject to a single payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover, JCB, Diners Club, American Express credit cards and payment services such as Apple Pay.

At the moment we are not accepting payment services such as PayPal, ATH Móvil, Google Pay, Amazon Pay among others.

Payment cards (credit cards or debit cards) are subject to validation and authorization checks by your card issuer. If we do not receive the required authorization, we will not be responsible for any delay or non-delivery of your order or order.

However, in any of our physical stores located in San Juan and Patillas; We accept most credit cards, debit cards, ATH, ATH Móvil, Paypal and cash.

To make payments through PayPal: celiajks @ gmail.com. To make payments by ATH Móvil: /Floverspr

SECTION 13 - PROMOTIONS
Any promotions available through the Online Store may be governed by rules that are separate from these Terms.

If you participate in any promotion, please review the applicable rules, as well as our Privacy Policy . If the rules of a promotion conflict with these Terms, the Promotion rules will apply. Flovers reserves the right to cancel or disqualify the user if he or she fails to comply with the terms of the promotion in question or these terms set forth herein.

SECTION 14 - DISCOUNT AND COUPON SYSTEM
Any automatic discount has an expiration date announced in the Online Store or some advertising.

Discount coupon codes are only valid one per person and not in combination with others, unless explicitly written by the Online Store. The first user to redeem the coupon code is given the discount and this coupon is closed.

Flovers reserves the right to cancel or not manually grant any discount coupon if it suspects that there has been fraudulent, dishonest activity and/or does not comply with these terms and conditions set forth herein.

SECTION 15 - USER ACCOUNTS
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Online Store.

You are responsible for safeguarding the password that you use to access the Online Store and for any activities or actions under your password, whether your password is with our Online Store or a third-party Social Media service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

SECTION 16 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 17 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

SECTION 18 - INTELLECTUAL PROPERTY AND COPYRIGHT
The Online Store and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Online Store is protected by copyright, trademarks and other laws both local to the Commonwealth of Puerto Rico or within the Federal jurisdiction of the United States of America.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

© Copyright. All rights reserved.

SECTION 19 – USER COMMENTS, FEEDBACK AND OTHER SUBMITTED ACTIVITIES
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or else. (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property of any party. part or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 20 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy .

SECTION 21 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 22 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 23 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, whether whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event will FLOVERS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special damages. or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the services or products purchased using the service, or for any other claim related in any way to your use of the service or any products, including, without limitation, any error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 24 – “AS IS” AND “AS AVAILABLE” DISCLAIMER
The Online Store is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Online Store, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, use or commercial practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation that the Online Store will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services. , will operate without interruption, meet performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Online Store, or the information, content and materials or products included therein; (ii) that the Online Store will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Online Store; or (iv) that the Online Store, its servers, the content or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such case, the exclusions and limitations set forth in this section shall apply to the greatest extent enforceable under applicable law.

SECTION 25 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FLOVERS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable cases. attorneys' fees, made by a third party due to your breach of these Terms of Service or the documents they incorporate by reference, or as a result of your violation of any law or the rights of a third party.

SECTION 26 - DIVISIBILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Terms of Service. Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 27 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due; up to and including the termination date; and/or accordingly may deny you access to our Services (or any part thereof). Upon termination, your right to use the service in the Online Store will cease immediately. If you wish to cancel your account, you may simply stop using the Online Store service.

SECTION 28 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals; whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 29 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, excluding its conflicts of laws, govern these Terms and your use of the Online Store. Your use of the Online Store and/or application may also be subject to other local, state, federal, national or international laws.

SECTION 30 – DISPUTE RESOLUTION
If you have any concern or dispute about the Online Store Service and/or Goods, you agree to first try to resolve the dispute informally by contacting the Company.

Legal Compliance of the United States of America.

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) is not listed on any US government list of prohibited or restricted parties.

SECTION 31 - DIVISIBILITY AND EXEMPTION
Divisibility
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Exemption
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver a default will constitute a waiver of any subsequent default.

SECTION 32 - TRANSLATION AND INTERPRETATION
These Terms and Conditions may have been translated if we have made them available to you in our Online Store. You agree that the original Spanish text will prevail in the event of a dispute.

SECTION 33 - CHANGES TO THESE TERMS AND CONDITIONS
You can review the most recent version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

By continuing to access or use our Online Store after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Online Store.

SECTION 34 - CONTACT INFORMATION
If you have any questions about these Terms and Conditions, you can contact us:

• By visiting this page on our website: https://floverspr.com/pages/contacto
• By phone number: +1 (787) 979-1117 , +1 (787) 979-1118 , +1 (787) 938-6942 , +1 (939) 845-7575.

SECTION 35 - TERMS AND CONDITIONS OF THE SMS/MMS MOBILE
MESSAGE MARKETING PROGRAM
FLOVERS (hereinafter "We", "Us", "Our") offers a mobile messaging program (the "Program"), which you agree to use and participate subject to these Mobile Messaging Terms and Conditions and Privacy Policy ( the "Agreement"). By opting or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any dispute with us through binding, individual-only arbitration, as detailed in the " Dispute resolution". ” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or the Privacy Policy that may govern the relationship between you and Us in other contexts.

User Registration: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, for example, through online or application-based registration forms. Regardless of the subscription method you used to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the telephone number associated with your subscription, and you understand that consent is not required to make any purchase from Us. While you agree to receive messages sent using an autodialer, the foregoing shall not be construed as suggesting or implying that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Rates may apply for messages and data.

User Opt-Out: If you no longer wish to participate in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE or EXIT to any mobile message from us to opt-out. Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the options above are the only reasonable methods for opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means. to opt out.

Obligation to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that was used to subscribe to the Program, including canceling your service plan or selling or transferring the telephone number to another party , you agree that you will complete the user opt-out process set forth above before terminating your use of the mobile telephone number. You understand and agree that your agreement to do so is an important part of these terms and conditions. You further agree that if you discontinue use of your mobile telephone number without notifying Us of such change, You agree that You will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us or any party assisting in the delivery of mobile messages, as a result of claims submitted by the person(s) to whom said mobile telephone number is subsequently assigned. This duty and agreement will survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 USC § 227 , et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPT TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users who choose to participate in the Program can expect to receive messages related to the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For assistance related to the Program, text “HELP” to the number from which you received messages or email us at celiajks@gmail.com. Please note that using this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TM (completion messages) if your mobile device does not support MMS messaging.

Our Warranty Disclaimer: The program is provided "as is" and may not be available in all areas at all times and may not continue to function in the event of changes to the product, software, coverage or other changes made by your wireless device. conveyor. We will not be responsible for any delay or failure in receiving mobile messages related to this Program. Mobile message delivery is subject to actual transmission by your wireless service provider/network operator and is beyond our control. T-Mobile is not responsible for delayed or undelivered mobile messages.

Participant Requirements: You must have your own wireless device capable of sending two-way messages, use a participating wireless service provider, and be a wireless service subscriber with text messaging service. Not all cell phone providers have the service necessary to participate. Check your phone's capabilities for specific text messaging instructions.

Age Restriction: You may not use or participate in the Platform if you are under thirteen (13) years of age. If you use or interact with the Platform and are between thirteen (13) and eighteen (18) years of age, you must have your parent or legal guardian's permission to do so. By using or participating in the Platform, you acknowledge and agree that you are not under the age of thirteen (13), are between the ages of thirteen (13) and eighteen (18) and have the permission of your parent or legal guardian to use or participate in the Platform. Platform, or be of legal age in your jurisdiction. By using or interacting with the Platform, you also acknowledge and agree that the Applicable Law of your jurisdiction permits you to use and/or interact with the Platform.

Prohibited Content: You acknowledge and agree not to submit any prohibited content through the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing or stalking activity;
• Objectionable content, including profanity, obscenity, lewdness, violence, intolerance, hatred and discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Pirated computer programs, viruses, worms, Trojan horses or other harmful code;
• Any product, service or promotion that is illegal where such product, service or promotion thereof is received;
• Any content that involves and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("Act HITEC"); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event there is a dispute, claim or controversy between you and us, or between you and Stodge, LLC d/b/a Postscript or any other third party service provider acting on our behalf to transmit the messages within of the scope of the Program, arising out of or relating to federal or state legal claims, common law claims, this Agreement, or the breach, termination, performance, interpretation or validity thereof, including the determination of the scope or applicability of this agreement of arbitration, such dispute, claim or controversy shall, to the fullest extent permitted by law, be determined by arbitration in San Juan, Puerto Rico before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which FLOVERS' principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after notification of the demand for arbitration to one of the parties, the parties shall jointly select an arbitrator with at least five years of experience in that capacity and who has knowledge and experience in the subject matter. of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may request the AAA to appoint an arbitrator, who must meet the same experience requirement. In the event of a dispute, the arbitrator will decide the applicability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA rules governing Emergency Protective Measures will apply in lieu of seeking emergency injunctive relief from a court. The arbitrator's decision will be final and binding, and neither party will have any right of appeal, except as provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and administration of the arbitration; however, the arbitrator will have the authority to order a party to pay all or a portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by law or contract. The arbitrator shall have no authority to award punitive damages, and each party waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate only on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or exercise a legal right. If any term or provision of this Section is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than arbitration, the parties waive any right to a jury trial. This arbitration provision will survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to us that you have all necessary rights, power and authority to accept these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will put you in default. of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will remain in full force and effect and enforceable. Any new features, changes, updates or improvements to the Program shall be subject to this Agreement unless explicitly stated otherwise in writing.

We reserve the right to change this Agreement from time to time. You will be notified of any updates to this Agreement. You acknowledge your responsibility to review this Agreement from time to time and to be aware of such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Last update: Friday, October 27, 2023.