TERMS AND CONDITIONS
This website is operated by Potomac Floral Wholesale, Inc.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEBSITE.
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS
AND INDICATES THAT YOU AGREE WITH AND ACCEPT ALL OF THE TERMS AND
CONDITIONS CONTAINED ON OUR WEBSITE. THIS SALE AGREEMENT IS A
BINDING LEGAL CONTRACT BETWEEN THE CUSTOMER AND POTOMAC FLORAL
WHOLESALE, INC.. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS
AND CONDITIONS, PLEASE DO NOT USE WWW.FLOWERWHOLESALE.COM.
We may amend the Terms and Conditions at any time, without prior
notice, by posting the amended terms on the website.
Your use of this website following any such change constitutes
your agreement to follow and be bound by the Terms and Conditions
as changed. Therefore, we recommend you to review these Terms and
Conditions whenever you use our website.
Intellectual Property Rights
All materials appearing on our website, including text, site design,
graphics, logos, icons, images, sounds, videos, typefaces, data,
photographs, information, software and other material (collectively
"Content"), as well as the selection, assembly and arrangement thereof,
are the sole property of Potomac Floral Wholesale, Inc., © 1998–2010,
ALL RIGHTS RESERVED. You acknowledge that all Content is protected by copyrights,
trademarks, trade secrets, or other proprietary rights and that
these rights are valid and protected by U.S. and international laws.
You may view, download, electronically copy and print hard copy portions of
this site for the sole purpose of placing an order with Potomac Floral
Wholesale, Inc., or only for your own non–commercial use as permitted by
the fair use privilege U.S. copyright laws. Except as expressly provided
above, any use including but not limited to, download, upload, copy, print,
display, perform, reproduce, distribute, transmit, republish, modify,
license or post any information from our website, in part or in whole,
is strictly prohibited without written permission.
If you wish to
obtain an authorization, please e–mail us at
esales@flowerwholesale.com.
All rights not expressly granted herein are reserved.
If you notice any offensive or infringing materials on our website, please
contact us at esales@flowerwholesale.com so
that we can investigate. It is our policy to remove all materials from our website
that are infringing or offensive.
Potomac Floral Wholesale reserves
the right at our sole discretion to block or remove communications or
materials and revoke the privileges of any users of this website who
abuses the terms and conditions as described.
Registered Accounts
Accessing certain parts of this website requires registration and the
selection of a unique password. If you choose to register, it
is your responsibility to
maintain the confidentiality of the password and the account, and you are
fully responsible for any and all activities that occur through the use of
that password.
Furthermore, you must represent and warrant that the registration information you
provide on www.flowerwholesale.com is complete and accurate and that you
will inform Potomac Floral Wholesale of any changes to your registration
information, or if you suspect any unauthorized use of your
password.
By registering to purchase merchandise on our website you
are representing that you are
a.) at least 18 years old,
b.) the credit card used for purchases is valid and you have full authority to use
it to submit an order through this website.
We reserve the right to refuse service, decline or cancel orders,
terminate accounts, and remove
or edit content at our sole discretion. Orders may need additional
verification or information prior to acceptance.
Payment Options
Terms of payment are within Potomac Floral Wholesale's sole discretion.
Payments on invoices are due immediately, unless prior arrangements
have been made.
We may invoice parts of an order separately. We generally accept cash,
Visa, MasterCard, Discover, American Express and Diners Club credit cards,
company checks, money orders, cashiers checks, and company purchases on
approved credit. Please contact an account representative for credit
approval at 1–800–770–8353.
We reserve the right to charge your credit card for a full deposit at the
time the order is placed with us. Credit card orders shipped to a location
other than your billing address may require additional verification.
Past due balances incur a 1.5% per month finance charge. Accounts that
become past due may be placed in "Cash On Delivery" status. Such COD
accounts may also be subject to larger deposits if futures orders are
accepted. Payments received on any account will be allocated at our
discretion. Any payment received from a customer with a past due
balance will be allocated first to finance charges (if applicable), then
to service charges (if applicable), then to the oldest balances.
We do not accept post dated checks.
Any checks returned to us for insufficient funds will be assessed a $50.00
service charge.
We reserve the right to perform credit checks on new accounts in order to
determine credit–worthiness.
Sales tax is collected on orders without the applicable Tax Certificate
on file with us.
All prices are quoted in U.S. currency and all orders must be paid
in the same currency.
Accuracy of Information
Our goal on www.flowerwholesale.com is to be as accurate as possible.
However, Potomac Floral Wholesale cannot and does not warrant that the product
descriptions, pictures, prices, stock–quantity, or any other content on
the website is complete, current, or error–free. In the event that a
product is listed with a typographical error, incorrect price, or
incorrect information due to an error, we reserve the right to refuse or
cancel any orders placed for products listed with the incorrect
information. We will contact you if such mistake is discovered to discuss
the available options and/or issue credits for any credit card charges
already completed.
We reserve the right to change the availability, minimum order quantity,
and pricing of our products, without prior notice, at any time.
Due to the nature of our business, products may vary slightly due to
availability, product variety, changing crops, market conditions,
weather, local traditions, craftsmanship, and Mother Nature.
We cannot and do not take responsibility for these variations.
Please note that due to varying monitor settings, product colors
may not be accurately displaying on your computer.
Pricing and Availability
Potomac Floral Wholesale, Inc. is a flower wholesale
company. Our website, catalog, special offer, availability list, and order
forms are intended for those engaged in the business of buying and selling
wholesale flowers, plants and supplies.
We will make every attempt to ensure that our orders are delivered as
ordered; however, due to the nature of our business
a.) Our prices are subject to availability and can change on a daily basis
without notice,
b.) Our quotes are estimates and are also subject to
availability, price changes, and can change on a daily basis without
notice,
c.) Due to the perishable nature of our products, we cannot
guarantee the quality of the items that are ordered from us, and
d.) There may be variations in advertised stem
counts/bunches depending on the grower.
We cannot be held responsible for
these variations.
Any order is subject to cancellation if the materials
ordered are lost or damaged due to flood, drought, fire, frost, hail,
contamination, errors in the inventory or count or any other cause or act
of God beyond our control.
Any discount appearing on an invoice or acknowledgement is
discretionary and shall never be deemed as constituting a continuing
discount.
All prices are in U.S. funds and are FOB Silver Spring MD.
Shipping charges or boxing
costs, where incurred, are invoiced at our cost. Buyer assumes all
shipping expenses. Buyer accepts full risk of any losses during
shipment.
Warranty Disclaimer
This website and the products therein are provided on an "AS IS"
and "AS AVAILABLE" basis, without representations or warranties
of any kind either
expressed or implied, to the fullest extent possible pursuant to the
applicable law. Potomac Floral Wholesale does not warranty that our site
or any services offered on our site will be uninterrupted or error–free.
We specifically disclaim all expressed or implied, including, but not
limited to, implied warranties of merchantability, title,
non–infringement, fitness for a particular purpose or use, or other
violation of rights. You expressly agree that the use of this site is at
your sole risk.
Technical Advice
It is expressly understood that any technical advice furnished by Potomac
Floral Wholesale with reference to the use of its products is given at
gratis and as a courtesy. Potomac Floral Wholesale assumes no obligation
or liability for the advice given or results obtained and all such advice
being given and accepted at Buyer's risk.
Limitation of Liability
You agree that under no circumstances shall Potomac Floral Wholesale,
or any of its
officers, associates, employees, representatives, designers, contractors,
distributors, merchants, sponsors, successors, agents, or third–party
content–providers, be liable for any direct, indirect, incidental,
special, or consequential losses or damages related to products sold,
content, services, or the use, or inability to use, of our website. You
expressly agree that this limitation of liability is comprehensive and
applies to damages of all kind, including but not limited to, general,
special, exemplary, direct, indirect, compensatory, consequential,
punitive, incidental, or otherwise, damages for loss of business profits,
income, revenues, data and use, information, or any other pecuniary loss,
arising of the use of your access to, and use of the information made
available on www.flowerwholesale.com.
If applicable law does not allow the limitation of liability set
forth above and this limitation of
liability does not apply to you, or if it is found to be invalid or
unenforceable for any reason, then the aggregate liability of Potomac
Floral Wholesale shall not exceed one hundred dollars ($100).
Indemnity
You agree to indemnify and hold Potomac Floral Wholesale and any of its
officers, associates, employees, representatives, designers, contractors,
distributors, merchants, sponsors, successors, agents, or third–party
content–providers harmless from any and all liability, claims, loss or
demand, including without limitation reasonable attorneys' fees and
expenses, resulting from your use of our website in violation or breach of
these terms and conditions.
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