Avas Baskets Terms of Service
Welcome to the Avas Baskets website. We’re glad you’re here. Our website is one of the main ways that we interact with our customers, and as such, there are legal ramifications to your use of the website and our services. These Terms of Service (hereinafter, the “Agreement”) state the terms and conditions that govern your use of this website and our other services.
1. Legally Binding Contract
The first thing you should know is that this Agreement constitutes a legally binding contract between you and Avas Baskets. Our official company name is Flower Tech Center, Inc., but we operate under the name Avas Baskets. Hereinafter, whenever we use the terms “Avas Baskets,” “We,” “Us,” or “Our,” please note that we are referring to Flower Tech Center, Inc. d/b/a Avas Baskets.
You agree to this Agreement by doing any one of the following:
- Using, accessing, or viewing this website; 2. Registering for and using an online account through this website; 3. Submitting content, such as product reviews, to us for publication; 4. Ordering or purchasing gifts, balloons, chocolates, baskets, food, and other products or the delivery of the same from us.
Please read this Agreement carefully. If you do not agree to this Agreement, you may not access or otherwise use this website or purchase products or services from us.
2. General Provisions Applicable To All Users
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on this website. Such changes shall only be effective after posting such notice.
You agree that there are no third-party beneficiaries to the Agreement.
This Agreement constitutes the entire agreement between Avas Baskets and you with respect to your use of this website and any transaction with Avas Baskets, such as the purchase of gifts or other products or services (all of which are sometimes jointly referred to as “Products” or individually as a “Product”) and this Agreement is governed by the laws of New Jersey. Any cause of action you may have with Avas Baskets, including but not limited to claims for breach of contract or relating to claims related to certain representations, must be commenced within two (2) years after the claim or cause of action arises and will be subject to mandatory arbitration. Section 17, below, requires mandatory arbitration in certain circumstances and provides that you consent to the jurisdiction and venue of the Superior Court of New Jersey for certain claims made by Avas Baskets. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Avas Baskets disclaims any and all responsibility for content contained in any third party materials provided through links from this website.
3. Using Our Website
To use, view, or access this website, you must be at least thirteen (13) years old.
When you access, view, or use this website, you agree to the terms of this Agreement.
With the exception of Google, Yahoo!, Bing, AOL, and Ask, you agree that you will not use any spider, crawler, robot, or other computer program to copy or index this website or any content contained therein in any way.
We may change, suspend, or discontinue any aspect of this website at any time, including the availability of any website feature. We may also impose limits on certain features and services or restrict your access to parts or all of this website without notice or liability.
This website may contain links and pointers to other related World Wide Web Internet sites, resources, and our affiliates. These links and pointers to third party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third party resources, or their contents. Note that such third party sites may have privacy policies different from ours. Accordingly, you access and use such third party content at your own risk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.
4. Registering For And Using An Account
To register for or use an online account with Avas Baskets, you must be at least eighteen (18) years old.
When you register for or use an online account with Avas Baskets, you agree to the terms of this Agreement.
You agree that all information you submit to us is true and correct. You further agree that you will not register for or use an account for any third person or entity.
To prevent unauthorized access or use of your account, you agree that you will keep your password confidential and not share it with any third parties. The loss, theft, or unauthorized use of your password or user ID could permit unauthorized persons to gain access to your account and your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your password, user ID, and other account information to any person or entity, you assume all risks and losses associated with such disclosure. If you permit any other person or entity to use or access your account, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person or entity.
We may at our option change the parameters for the password used to access your account without prior notice to you, and if we do so, you will be required to change your password the next time you log into your account.
5. Submitting Content To Our Website
We encourage you and all our users to submit product reviews to this website. We do not and cannot review all materials posted to this website by users, and we are not responsible for any such materials posted by users. We will not publish all material submitted to this website, so if you submit content such as a product review to us, we may decline to publish it.
By submitting content to us, you represent, warrant, and covenant that: (a) you shall not upload, post, or transmit to or distribute or otherwise publish through this website any materials which (i) restrict or inhibit any other user from using and enjoying this website, (ii) are unlawful, threatening, abusive, harassing, libelous, or defamatory, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
By posting product reviews, messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively, “Communications”) to this website or Avas Baskets, you hereby grant to Avas Baskets and its successors and assigns a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby irrevocably and forever waive all rights to any claim against Avas Baskets and its successor and assigns for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications and you hereby irrevocably release Avas Baskets and its successors and assigns from any and all such claims.
Please note that upon submission, any suggestion, idea, or proposal or other material you provide to us becomes our property without limitation or further consideration.
6. Ordering And Purchasing Gifts And Other Products
To order and purchase gifts, balloons, chocolates, baskets, food, and other products and the delivery of same (all of which are included in the definition of “Products”) from Avas Baskets, you must be at least eighteen (18) years old.
When you order or purchase the Products, you agree to the terms of this Agreement.
7. Shipping Policy
Shipping occurs Monday through Friday. No shipping occurs on Saturday or Sunday. Orders placed on Saturday and Sunday will be processed on Monday. All orders placed with 3 Day, 2 Day or Next day air shipping on either Saturday, Sunday, or by 1:00 PM CST on Monday, will ship on Monday. Orders placed with 3 Day, 2 Day or Next day air shipping Monday through Friday prior to 1:00 PM CST ship the same day. Air orders placed after 1:00 PM CST ship the next business day. Ground orders placed before the 1:00 PM CST cut off may ship within 1-2 business days and are not guaranteed to ship that same day. Ground orders placed after the 1:00 PM CST cut off will ship within the next two business days. For example, a ground order placed at 7:20 PM on Tuesday night will ship on Wednesday or Thursday. Ground orders placed Saturday and Sunday will ship Monday or Tuesday.
Holiday Shipping is from December 1, 2017 through January 4th, 2018. Ground orders placed before the 1:00 PM CST cut off on Monday through Friday will ship within 2-3 business days and are not guaranteed to ship the same day. For example, an order placed over the weekend or Monday prior to 1 pm may ship by Wednesday, the latest. Although most orders do ship the same day or the next day of the order date, we can not guarantee that all orders will.
The Holiday Ground Deadline is 1:00PM CST on Tuesday, 12/19/2017. Ground orders placed prior to this cut-off are guaranteed to ship prior to December 25th. (Please take into consideration the 2-3 day lead time on ground orders during the month of December.) Ground orders placed after 1 PM CST on Tuesday, 12/19/2017 are not guaranteed to ship prior to the holiday closing. We will continue to ship orders out in the order in which they were received and make every effort to ship every order we receive through Wednesday 12/20/2017 by 10 AM CST.
The Holiday Air Shipping Deadline is 10:00 AM CST on Wednesday, 12/20/2017. Air orders placed prior to this cut-off are guaranteed to ship prior to December 25th. All air orders placed after 10:00 AM CST on Wednesday, 12/20/2017 will not ship until Wednesday 12/27/2017.
We currently do not ship to Alaska and Hawaii.
8. Sales Tax
Orders delivered to New Jersey are subject to sales tax, which we collect. You will have an opportunity to review this amount before submitting your order.
9. Substitution Policy
Avas Baskets reserves the right to make substitutions. Packaging may vary is is dependent on inventory. Packaging may not be identical to the photographed display on the website. Please be aware that at times, substitutions of a variance in flavor, fragrance or packaging may occur. We typically do not notify customers of component substitutions, as all substitutions are made with discretion using similar products of equal or greater value. Refunds, discounts or a new gift will not be offered due to a substitution. By placing your order with us, you are agreeing to occasional substitutions.
- Cancellations and Returns
In the event a carrier delivers a gift late, a shipping refund may be approved but is not always guaranteed. We do not offer refunds of any kind on late deliveries involving a bad address, missing apartment number, incorrect zip codes or any other information supplied which is not accurate. In addition, we do not offer refunds involving but not limited to the following: weather conditions, emergency conditions beyond their control, mechanical delays of aircrafts or other equipment failures, acts of God, and several additional issues.
CLAIMS & RETURNS
All damage claims, discrepancies, late delivery claims or issues of any kind must be made within 1 business day of the gift being received. There will be No exceptions to this policy. If a gift arrives damaged or there is a discrepancy in the gift ordered and what was received, Avas Baskets will make every effort to resolve the issue in a timely manner if and when this issue is reported within 1 business day of receipt. Credits and or refunds will be at the sole discretion of Avas Baskets and will only be issued if damaged gifts or discrepancies can be verified by the carrier. If the customer disposes of the gift before we can verify the damages/discrepancy, we will not issue any refund. All claims must be issued in writing by e-mail at email@example.com.
- If the gift is simply not wanted, or the customer is not satisfied for any other reason other than Avas Baskets’ error, it may ship it back to us at their the customer or recipient’s expense as long as it shipped back within 2 days of being delivered. A partial refund on the merchandise amount only will be offered. The original shipping fee is not refunded. The refund is based on the gift’s perishability and condition upon being returned. The gift must be unopened, un-tampered with and shipped back within 2 days of receipt.
- If the gift is damaged in any way (which includes but is not limited to heat damage) prior to delivery, or we have made an error in sending the incorrect gift: We will call tag the original gift and either ship a new one or refund the gift in full once the original gift has been retrieved. However, if we cannot call tag the original gift, no refund or credit will be offered. Retrieving the original gift is the only way we have of verifying the recipients claim or placing a claim with the carrier if necessary. In the event a recipient claims items or pieces are missing, damaged, stale, melted or other similar claims, we will need the batch codes which are located on the 1 x 2 5/8 white label off of the side or the bottom of the original shipping box, not the shipping label.
If for any reason other than damages or errors on the part of Avas Baskets, a customer wants to return a gift, they may do so at their own expense within 1day of the gift being delivered. Original shipping charges are not refundable and there is a 50% restocking fee for all gifts returned. Returned gifts are often not reusable and all food items must be thrown out due to possible heat and temperature damages. Therefore, all gifts returned through no fault of Avas Baskets will be charged a 50% restocking fee. Shipping back to the original address and any address correction fees associated with the return or redelivery will be the sole responsibility of the customer. Any gift basket of any kind will not be refunded if they are returned due to a bad address or the recipient refusing the item.
If Avas Baskets has committed an error (excluding substitutions within standard parameters) or a gift is damaged in transit, Avas Baskets will retrieve the gift and refund it in full or re-send it. However, we do not at any time allow recipients to keep a gift and simultaneously receive a new gift or process any type of refund. For us to assist you the original gift must be retrieved. Discounts are not offered as the only way to resolve any complaints is by retrieving the original gift and re-shipping a new one or issuing a refund.
Shipping delays or deliveries made not in accordance to the time in transit map may be resolved with partial credits based on circumstances. There will be no discount or refund issued on the gift itself and a gift may not be returned for a refund due to a late delivery.
11. Copyright And Trademarks
This website is protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of this website are only for your personal, non-commercial use. All materials contained on this website are protected by copyright, and are owned or controlled by Avas Baskets. You will abide by any and all additional copyright notices, information, or restrictions contained on this website. Copying or storing of any portion of this website for other than personal, noncommercial use is expressly prohibited without our prior written permission.
All tradenames, trademarks, servicemarks, trade dress, logos, designs, product names, and service names on this website are owned by Avas Baskets (the “Avas Baskets Trademarks”). You agree that you will not use the Avas Baskets Trademarks without our express permission.
12. Notice And Procedure For Making Claim Of Copyright Or Other Intellectual Property Infringement
If you believe that your copyrighted material has been improperly posted, uploaded, displayed, or published on this website, please send written notice of claimed infringement to:
Flower Tech Center, Inc.
300 Corporate Drive
Mahwah, New Jersey 07430
Telephone: (201) 877-9316
At a minimum, any written notice of claimed infringement must contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512(i)), we will terminate, in appropriate circumstances, the accounts of users, customers, and account holders who are repeat infringers of third party copyrights.
You hereby agree to indemnify, defend, and hold harmless Avas Baskets, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney’s fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
14. Disclaimers And Limitations Of Liability
THE PRODUCTS (BASKETS, BALOONS, CHOCOLATES, FOOD, ETC.) AND THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AVAS BASKETS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) FOR THE PRODUCTS AND/OR THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, AVAS BASKETS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AVAS BASKETS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVAS BASKETS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INLCUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
UNDER NO CIRCUMSTANCES WILL AVAS BASKETS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY OTHER DAMAGES OR LOSS THAT ARISE FROM THE USE OF THE PRODUCTS OR THIS WEBSITE, EVEN IF SUCH DAMAGE IS FORSEEABLE OR YOU PROVIDE NOTICE TO AVAS BASKETS OF SUCH DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT AVAS BASKETS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU PAID TO AVAS BASKETS, WHICHEVER IS GREATER.
15. Governing Law And Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of laws provisions. You agree that this Agreement is formed and executed in the State of New Jersey. You hereby consent to and agree to subject yourself to the personal jurisdiction of the courts of New Jersey. You agree and acknowledge that Avas Baskets is located in Bergen County, New Jersey, and that proper venue for any actions or disputes shall be in Bergen County, New Jersey.
Any legal claim, including but not limited to counterclaims, cross claims, third party claims, or interpleaders, between you and Avas Baskets, including claims arising out of or relating to this Agreement or the breach thereof as well as claims based on any representation by Avas Baskets (such as false advertising and fraud), and excluding defamation, product disparagement and/or intellectual property right infringement claims by Avas Baskets or its owners, officers, employees, and assigns (which claims may be brought by Avas Baskets or its owners, officers, employees or assigns in the Superior Court of New Jersey or other court having jurisdiction), shall be resolved solely by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.
All claims -- excluding any defamation, product disparagement and/or intellectual property right infringement claims brought by Avas Baskets or its owners, officers, employees, and assigns -- shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Bergen County, New Jersey. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. You agree to not to raise the defense or argument of forum non conveniens.
16. California Proposition 65 Warning
California Residents: In accordance with Proposition 65, please be warned that consuming foods or beverages that have been kept or served in leaded crystal products or handling products made of leaded crystal will expose you to lead – a chemical known to the State of California to cause birth defects or other reproductive harm.