Terms & Conditions

OVERVIEW

This website (the “Website”) is operated by Trilogy Collections Inc., a NY corporation doing business as FLEURETTE.


Throughout the Website, the terms “we”, “us” and “our” refer to FLEURETTE.  We offer this Website, including all information, tools and services available from this Website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  By visiting our Website and/ or purchasing something from us, you engage our services (the “Service” or “Services”) and agree to be bound by the following terms and conditions (“Terms of Service”; “Terms”), including those additional terms, conditions and policies referenced herein and/or made available by hyperlink herein. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, customers, vendors, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you are not authorized, and are not entitled, to access the Website or use any services. If these Terms of Service are considered to be an offer, then acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.


Our store is hosted on Squarespace Inc. They provide us with the online e-commerce platform that allows us to sell our products and provide our Services to you.  Squarespace Inc., and not FLEURETTE, shall receive all credit card information and handle all credit card transactions initiated on the Website, and FLEURETTE shall neither receive nor maintain any credit card information, except information respecting the receipt and non-receipt of payments.


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 at least the age of majority in your state or province of residence, and you irrevocably consent to allow the use of the Website and the Services by your parents, your spouse, and your minor dependents (and any others utilizing your User Name and/or credit card(s)) so to use the Services and this Website.


You may not use our Services or products for any illegal or unauthorized purpose, nor may you, in the use of the Services, 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, at our discretion, in an immediate termination of your Services.


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 Services, use of the Services, or access to the Services, or any contact on the Website through which the Services are provided, without express written permission by us.


The headings used in these Terms are included for convenience only, and will not limit or otherwise affect these Terms.


ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website 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 Website is at your own risk. This Website 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 Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.


MODIFICATIONS TO THE SERVICES AND PRICES


Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part 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 Services or any of them.


PRODUCTS OR SERVICES


Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities, and all purchases of products 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 at the store. We cannot guarantee that the display of any color on your computer monitor, tablet, phone or other device will be accurate or will conform satisfactorily to the actual color of the relevant product.  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 any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Website 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 Services will be corrected.


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 but not limited to your email address, credit card number(s), and expiration date(s) so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.


OPTIONAL TOOLS


We may provide you with access to third-party tools which we don’t monitor, into which we have no input, and over which we have no control.


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 Website 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, but not limited to, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


THIRD-PARTY LINKS


Certain content, products, and services available via our Services may include materials from third-parties. Third-party links on this Website 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 of, 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.


USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS


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 or employ, in any medium, any comments that you forward to us, or any part or parts thereof. 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, distasteful, or otherwise objectionable, or to be violative of 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 but not limited to copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your comments will not contain defamatory 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 Services, the Website, any related website, or the computers or equipment of any of our employees, consultants, agents, personnel, or representatives, or any other of our customers, clients, invitees, or guests. 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, and we assume no liability, and disavow any liability, arising from or respecting any objection, insult, or offense you may have respecting any comment or criticism or review of or by any other customer, client, invitee or guest.


PERSONAL INFORMATION


Your submission of personal information through the store is governed by our Privacy Policy.


ERRORS, INACCURACIES, AND OMISSIONS


Occasionally there may be information on our Website 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, availability, and other matters respecting your order, and you acknowledge and agree that such things happen occasionally and inadvertently, and that we should not be required to suffer any material disadvantage or cost as a result thereof.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Website, in the Services, or on any related website which may be inaccurate at any time without prior notice (including, but not limited to, after you have submitted your order).


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


PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; © to violate any federal, state, municipal, local, international, or provincial laws, regulations, rules, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of our suppliers, vendors, licensors, or others; (e) to harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate, or discriminate against anyone 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, immoral, offensive or distasteful purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if we learn or receive any notification that you are violating any of the prohibited uses.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our Services 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 some or all of the Services for indefinite periods of time or cancel some or all of the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, some or all of the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as may be 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 (and you hereby irrevocably waive all such representations, warranties, and conditions), including but not limited to any and all express and implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall FLEURETTE, its directors, officers, employees, consultants, 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 but not limited to negligence), strict liability or otherwise, arising from your use of the Services, the products procured using the Services, or for any other claim related in any way to your use of the Services 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 any applicable law may permit.


INDEMNIFICATION 


You agree to indemnify, defend and hold harmless FLEURETTE and our parents, subsidiaries, affiliates, partners, officers, directors, agents, licensors, service providers, subcontractors, suppliers, interns, employees, consultants and contractors, harmless from, against and with respect to any claim or demand, including but not limited to 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. 


SEVERABILITY 


In the event that any provision of these Terms of Service is determined by a court or other arbiter having jurisdiction in the matter, 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, but only in and with respect to the jurisdiction in which such determination shall be effective, and such determination shall not affect the validity and enforceability of any other remaining provisions. 


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 Website. 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 we may deny you access to our Services (or any part thereof). 


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 Website or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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). 


No ambiguity in these Terms of Service shall be construed against the drafting party solely because such party drafted this Agreement.


GOVERNING LAW 


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by, construed and enforced in accordance with the laws of the State of New York. 


CHANGES TO TERMS OF SERVICE 


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.


CONTACT INFORMATION 


Questions about the Terms of Service should be sent to us at hello@fleurette.com