OVERVIEW
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 herein 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 capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in 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 Avenida San Patricio 778, Urbanización Las Lomas, San Juan, PR 00921.
• Device means any device that can access the Online Store such as a computer, a cellphone, a digital tablet or a smart TV.
• Goods refers to the items or products offered for sale on the Online Store.
• 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 Web Shopping Platform.
• Terms and Conditions (also referred 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 by its services to the Online Store.
• The web platform refers to the Flovers Flower Shop and/or JKS, LLC Online Store, accessible from https://floverspr.com and/or https://floverspr.shop
• You refers to the individual, customer or user accessing or using the Online Store, or the company, or other legal entity on behalf of which such individual is accessing or using the Online Store, as applicable.

These are the Terms and Conditions governing the use of this Online Store and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Online Store. Your access to and use of the Online Store is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, customers, users and others 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 disagree with any part of these Terms and Conditions then You may not access the Online Store.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current 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 after 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 to use this site. The Company does not allow individuals under eighteen (18) years of age to use the Online Store, as there may be products and/or items that could 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. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Your access to 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 tells You about 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 conform and adapt to technical requirements of 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 information made 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, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents 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
Prices for our products are subject to change without 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 shall not be liable to you or to 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 according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor, mobile device or TV display of any color will be accurate.

We reserve the right, but are not obligated, to limit the 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 products or services that we offer. All descriptions of products or product pricing are subject to change at anytime 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 FOR GOODS
By placing an 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 exception, it is mandatory that You read and accept these Terms and Conditions in the shopping cart before proceeding to manage payment. If you do not agree, simply cancel your purchase in the cart.

Your Information
If You wish to place an Order for Goods available on the Online Store, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone 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 physical or digital payment method in connection with any Order; and that (ii) the information You supply 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 for purposes of facilitating the completion of Your Order in a secure, reliable and attack-free channel.

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

• Goods availability.
• Errors in the description or prices for Goods.
• Errors in Your Order.
• Inconsistencies in the billing information 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 separate delivery cost) to qualify for delivery in your selected municipality.

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized, declined, or illegal transaction by the cardholder or imposter is suspected.

SECTION 8 - YOUR ORDER CANCELLATION RIGHTS
At our store located in San Juan, all purchases are final, except in certain exceptional cases. Management and/or the Online Store reserves the right to accept, deny and/or honor exchanges or returns, depending on the applicable case. For more details, please read the Return Policy.

Our florist works with natural and decorative products in the daily design, arrangement, and dispatch of fresh flowers. All purchases are final, but if for reasons beyond your control unauthorized payments, fraud schemes, or identity theft that you can prove occur, exceptions may be made at the discretion of Management and/or the Online Store to grant such cancellation. All orders for perishable edible products and/or items are final sales.

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

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

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

1. the perfection of said fresh natural flowers, as well as their parts (petals, stems, color tones),
2. the poor condition of the product or item in which it is found (high temperature, humidity and unsuitable environment),
3. natural deterioration of all parts of the flower,
4. dehydration, loss of color, composure or shape,
5. destruction of the product or item by pets or third parties,
6. meteorological, human, natural or God-caused events,
7. any mistreatment of the product or item involved
8. and the refusal of the recipient (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 which will be subject to the Return Policy. No money will be refunded if the items mentioned from one (1) to eight (8) are met.

Any product or item you purchase can only be returned in accordance with these Terms and Conditions and our Return Policy.

Your right to cancel an order only applies to Goods that are returned in the same condition as You received them. Delivery costs and products or items that are damaged, incomplete, not in the same condition as You received them or simply meet the mentioned items will not be refunded. Therefore, You must take reasonable care of the purchased Goods while 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 e-mail 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 detail, please review our Returns Policy.

SECTION 10 - AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our catalog of products or items, as well as Goods offers in the Online Store. The Goods available on our Online Store may be incorrectly priced, described inaccurately, or unavailable at the time, and we may experience delays in updating information regarding our Goods on the Online Store and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, variations of the same product, availability, and services. We reserve the right to change or update information and to 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 prior to accepting an order. The prices quoted may be revised by the Company after accepting an order in the event that anything occurs that affects delivery due to government action, variation in customs duties, increased delivery costs, higher exchange rate costs, and any other matters beyond the Company's control. In that case, you will have the right to cancel your order.

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

We are currently not accepting payment services such as PayPal, Google Pay, Amazon Pay, among others.

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

Nevertheless, at our physical store in San Juan; we accept most credit cards, debit cards, ATH, ATH Móvil, and cash.

To make payments via ATH Móvil: /Floverspr

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

If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Flovers reserves the right to cancel or disqualify the user if they violate the terms of the promotion in question or these terms stated herein.

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

Discount coupon codes are only valid one per person and not in combination with others, unless explicitly stated in writing by the Online Store. The first user to redeem the coupon code will be granted the discount and this coupon will close.

Flovers reserves the right to cancel or not manually grant any discount coupon if fraudulent, dishonest activity and/or non-compliance with these terms and conditions stated herein is suspected.

SECTION 15 - USER ACCOUNTS
When You create an account with Us, You must provide Us 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 legally 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 via 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 web sites 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, trademark, and other laws of both the Commonwealth of Puerto Rico and 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 otherwise (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) to 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 any party’s intellectual property 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 e-mail 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 unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit 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, phish, 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 to you.

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, either 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 case shall 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, or consequential damages of any kind, including, without limitation 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 from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions 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 otherwise made available via the service, even if advised of their 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 under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their 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 out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Online Store will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any 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 provider 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 thereon; (ii) that the Online Store will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Online Store; or (iv) that the Online Store, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs 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 a case the exclusions and limitations set forth in this section shall be applied 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 attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 26 - SEVERABILITY
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, 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 date of termination; 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 terminate your Account, you may simply discontinue using the Online Store service.

SECTION 28 - ENTIRE AGREEMENT
The failure of us 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, any prior versions of the Terms of Service).

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

SECTION 29 - GOVERNING 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 law rules, shall 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 Service and/or Goods of the Online Store, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

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) You are not listed on any United States government list of prohibited or restricted parties.

SECTION 31 - SEVERABILITY AND WAIVER
Severability
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.

Waiver
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 of a breach constitute a waiver of any subsequent breach.

SECTION 32 - TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on our Online Store. You agree that the original Spanish text shall prevail in the case of a dispute.

SECTION 33 - CHANGES TO THESE TERMS AND CONDITIONS
You can review the most current version of the Terms of Service at any time at 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) 938-6942.

SECTION 35 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
FLOVERS (hereinafter, "We," "Us," "Our") offers a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, but not limited to, your agreement to resolve any disputes 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 Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized 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 automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase with Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of 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 asking one of Our employees to remove you from Our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile phone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above before ending your use of the mobile phone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile phone number without notifying Us of such a change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by the individual(s) to whom that mobile phone number is later assigned. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of Our Programs.

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

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning 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 support regarding the Program, text "HELP" to the number you received messages from or email us at celiajks@gmail.com. Please note that the use of 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 TMs (termination messages) if your mobile device does not support MMS messaging.

Our Warranty Disclaimer: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

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

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with 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 your parent’s or legal guardian’s permission to use or engage with the Platform, or are of the age of majority in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

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

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of 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 unlawful where such product, service, or promotion thereof is received;
• Any content that implicates 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 ("HITEC Act"); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that 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 mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, 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's principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must fulfill the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights 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 the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any 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 statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely 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 may be 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 pursue 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 in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of Our Programs.

SECTION 36 - DELIVERIES
For quality control and security measures, we have implemented the following mandatory clauses:

1. All deliveries will require a signature from the recipient upon delivery.
2. The delivery location cannot be changed once the order is dispatched. If you have any changes, it will only be honored if it is within thirty (30) minutes after placing the order and it will be via phone call to: +1 (787) 979-1117, +1 (787) 938-6942.
3. Delivery will not be made to a location different from what is on the order.
4. Deliveries are not made to post office boxes or locations that do not have a complete physical address.
5. Deliveries are not allowed at "checkpoints" or intermediate and improvised locations as a last-minute change.

For more information about municipalities and delivery costs, please go to: https://floverspr.com/pages/costo-entregas

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will 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 otherwise 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. Any updates to this Agreement will be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Last updated: Saturday, September 28, 2024.