Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited and will be reported.
DISCLAIMERS AND LIMITATION OF LIABILITY
Under no circumstances shall Élan Flowers or its Associates be liable for any direct, indirect, special, incidental or consequential damages that result from your use of or inability to use Élan Flowers, including but not limited to reliance by you on any information obtained from Élan Flowers that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Élan Flowers has been advised of or should have knowledge of the possibility of such damages. As a user of Élan Flowers, you hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through Élan Flowers. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Online prices and selection are generally representative of those in our store locations. Prices and offers are subject to change.
ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without any prior notice. Errors will be corrected where discovered, and Élan Flowers reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Élan Flowers will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, please refer to Élan Flowers Return Policy.
INTENDED FOR USERS OVER 13
Élan Flowers is intended for use by individuals 13 years of age or older. Élan Flowers is not directed to use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to use this site, specifically with regards to purchasing and payment processing.
TERMINATION OF USE
Élan Flowers may, in its sole discretion, terminate your account or your use of the Élan Flowers at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Élan Flowers reserves the right to change, suspend, or discontinue all or any aspects of the Élan Flowers at any time without prior notice.
PAYING FOR YOUR ORDER
You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept American Express, Visa, MasterCard and Discover. You may also use PayPal.
VALIDATING YOUR ORDER
After you place an order, we will cross check the information you provide for validity, by verifying your method of payment AND billing address. Orders placed will only be processed and verified against your billing address only. We will not accept any orders unless the billing address is provided. We require a recipient�s address and contact information to ensure correct delivery. We reserve the right to reject any order you place with us without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address or phone number you have given us with the order.
Under most circumstances, your credit or debit card will not be charged if we reject an order, but we shall process a refund if an accidental charge has been made against your card.
Élan Flowers reserves the right at any time after receipt of your order to accept or decline your order for any reason.
ORDER LIMITATIONS/LIMITED QUANTITIES
Élan Flowers reserve the right to reject any order you place with us, and/or limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address or phone number you gave us when you placed the order.
Élan Flowers also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Élan Flowers account, the same credit card, and orders that use the same billing address. In the event we make a change to an order, we will attempt to notify you by using the e-mail address or phone number you provided at the time the order was made. Élan Flowers reserves the right to limit or prohibit sales to dealers.
RETURN & EXCHANGE POLICY
Élan Flowers sells perishable flower arrangements. Orders can be cancelled up until 1 hour before time of scheduled delivery. Special orders can not be cancelled unless Élan Flowers is able to cancel the delivery of product from the wholesaler or grower.
If you have any reason you are unsatisfied with your purchase, please contact Élan Flowers immediately by phone (212) 240-9033
or e-mail ([email protected]
All orders placed on this site are subject to seasonal availability of flowers. As such you agree to substitutions that may be necessary to arrange a comparable product. The products will be delivered according to the delivery schedule and instructions provided with the order.
BILLING & DELIVERY ADDRESS
All orders require a clear billing and delivery address. Orders will not be processed with an incomplete delivery address.
PRODUCT DISPLAY /COLORS
Élan Flowers attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the flowers and colors you see matches the product flowers and color. All of our floral producta are hand designed and is hand-made and contains fresh flowers. That being the case, certain flowers may not be available and a substitution may be necessary.
IMPORTANT LEGAL INFORMATION
Élan Flowers reserves the right to correct, update, modify or otherwise change the terms and conditions of sale, information, and prices at any time at our sole discretion and without notice. Élan Flowers, it agents, affiliates or employees shall not be held liable for any indirect, incidental, punitive or consequential damages arising directly or indirectly from the use of any of the information contain in or received from this site
Élan Flowers, its products, images, logos and all other items contained in this site are protected by U.S. and international copyright and trademark laws. It is expressly prohibited to reproduce, use, modify or in any way display or distribute this information without permission. User further agrees that these conditions cannot be modified by any oral statements or any other dealings between Élan Flowers and the user.
The User also covenants and agrees that venue and jurisdiction for resolution of any dispute arising from or relating in any way to merchandise purchased from this site, or use of any information in this site, shall be in New York, NY, U.S.A.