OVERVIEW
The Website is operated by POMP. POMP offers the Website, including all information, tools and services available from the Website, to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Service. Please read these Terms of Service carefully before accessing and using the Website. By accessing and using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to any provisions of these Terms of Service, then you may not access the Website or use the Products and Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By visiting the Website and/or purchasing the Products and Services, you agree to be bound by all terms and conditions of these Terms of Service, including all additional terms, conditions, and policies referenced and/or incorporated herein by hyperlink(s). These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools that are added to the current store shall also be subject to these Terms of Service. You can review the most current version of these 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 the Website. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the Website following 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 the Products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent to us that you are at least the age of majority in your state or province of residence. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to use the Website.
You may not use the Products and Services for any illegal or unauthorized purpose, including to violate any applicable laws (including without limitation copyright laws).
You are prohibited from transmitting any worms or viruses or any code of a destructive nature through the Website.
Any breach or violation of these Terms of Service will result in an immediate termination of your access to the Website and sales to you of the Products and Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse sell the Products and Services 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 Products and Services, use of the Products and Services, or access to the Products and Services, or any contact on the website through which the Products and Services are provided, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the 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 the Website is at your own risk.
The 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 the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
SECTION 4 - MODIFICATIONS TO THE PRODUCTS AND SERVICES AND PRICES
Prices for the Products and Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Products and Services (or any part or content thereof) without prior notice to you.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products and Services (or any part or content thereof).
SECTION 5 - PRODUCTS AND SERVICES
Certain Products and Services may be available exclusively online through the Website or may have limited quantities.
Please review our Refund Policy located on the Website. By using the Website, you are consenting to the terms of our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of the Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of the Products and 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 the Products and Services that we offer. All descriptions and/or pricing of the Products are subject to change at any time without notice to you, at our sole discretion. We reserve the right to discontinue any Products at any time. Any offer for any Products or Services made on the Website is void where prohibited by applicable law.
We do not warrant that the quality of any Products and Services or information or other material purchased or obtained by you through the Website will meet your expectations or that any errors will be corrected.
SECTION 6 – REGISTRATION, ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
To access orders for Products and Services that you place with us, you will need to register for a POMP account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Website on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your account. You further understand and agree that POMP may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
By creating a POMP account, you also consent to receive electronic communications from POMP, including through email or by posting notices to the Website. These communications may include notices about your account, such as payment authorizations, password changes, and other transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of all electronic communications you receive from us. We may also send you promotional communications by email that we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such email.
We reserve the right to refuse any order for Products and Services that you place with us. We may, in our sole discretion, limit or cancel quantities of Products and Services 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, billing address, and/or telephone number you 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.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to optional third-party tools. We do not monitor nor have any control or input on any third-party tools.
You acknowledge and agree that we provide access to such third-party tools on an “as is” and “as available” basis and 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 any such optional third-party tools.
Any use by you of optional third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you carefully review and approve 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. All such new services and/or features shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain Products and Services and content available on the Website may include materials from third-parties.
Third-party links on the 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 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 your purchase or use of goods, services, resources, content from or any other transactions related to any third-party websites. Please carefully review all third-party policies and practices and make sure you understand them before you engage in any third-party transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - 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 have the right, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide to us. We shall be under no obligation (1) to maintain any comments in confidence, (2) to pay you any 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 or otherwise objectionable or any content that 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 without limitation any 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 Website or any third-party website accessed through a link on the 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 on the Website by you or any third party.
SECTION 10 - PERSONAL INFORMATION AND PRIVACY POLICY
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy located on the Website. By using the Website, you are consenting to the terms of our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website or in documentation for the Products and Services that contains typographical errors, inaccuracies or omissions that may relate to the Products and Services descriptions, pricing, promotions, offers, Products 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 documentation for the Products and Services or on the Website is inaccurate at any time without prior notice (including after you have submitted your order or the Products and Services).
We undertake no obligation to update, amend or clarify information in the documentation for the Products and Services or on the Website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the documentation for the Products and Services or on the Website should be taken to indicate that all information in the documentation for the Products and Services or on the Website has been modified or updated.
SECTION 12 - USE OF THE WEBSITE AND PROHIBITED USES
POMP hereby grants you a limited, revocable, non-exclusive license to access the Website and the Products and Services subject to and in accordance with the terms and conditions of these Terms of Service. Any other use of the Website and/or the Products and Services is strictly prohibited.
In addition to all other restrictions set forth in these Terms of Service, you are prohibited from using the Website and 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, state or other applicable regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the intellectual property rights of POMP or any third parties; (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 Products and Services, the Website, any third-party 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 Products and Services, the Website, any third-party websites, or the Internet. We reserve the right to terminate your use of the Products and Services and the Website for violating any of the prohibited uses described in this Section or any other Section of these Terms of Service.
SECTION 13 - DISCLAIMER OF WARRANTIES
THE WEBSITE, AND THE INFORMATION CONTAINED HEREIN, AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE AND THE PRODUCTS AND SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
SECTION 14 - LIMITATION OF LIABILITY
IN NO EVENT SHALL POMP OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES, EVEN IF POMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
SECTION 15 - INDEMNIFICATION
You agree to defend, indemnify and hold POMP and its subsidiaries, affiliates, agents, licensors, suppliers, alliance members, other partners and representatives, and their respective officers, agents, partners and employees, harmless from and against any and all claims, demands, losses, costs, expenses, liability, demand, and/or damages, including reasonable attorneys’ fees and expenses, of any kind or nature whatsoever made by any third party due to or arising out of your use of or in connection with the Website and/or the Products and Services, and/or arising from your breach of these Terms of Service, any breach of your representations and warranties set forth herein, and/or your violation of any rights of any other party. Notwithstanding the foregoing, POMP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify POMP, and you agree to cooperate, at your expense, with POMP’s defense of such claims. POMP will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
SECTION 16 - 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 17 - WAIVER
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.
SECTION 18 - DEFAULT
You shall be in default under these Terms of Service upon your breach of any representation, warranty, covenant or obligation to POMP. In the event of any default by you hereunder, you shall pay any and all fees and costs, including without limitation collections costs and reasonable attorney’s fees, incurred by POMP in connection with such default.
SECTION 19 - RIGHTS AND REMEDIES NOT EXCLUSIVE
No right or remedy available to POMP under these Terms of Service shall be exclusive of any other right or remedy available to POMP pursuant to applicable law, and all rights or remedies available to POMP under these Terms of Service or applicable law shall be cumulative and in addition to every other right or remedy available to POMP.
SECTION 20 - TERM AND TERMINATION
these Terms of Service shall remain in full force and effect while You use the Website and/or the Products and Services. You may terminate your use of the Website at any time, for any reason.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms of Service, we may terminate these Terms of Service 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 the Products and Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND/OR THE PRODUCTS AND SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, OR OF ANY APPLICABLE LAW OR REGULATION, AND POMP MAY TERMINATE YOUR USE OF THE WEBSITE AND/OR THE PRODUCTS AND SERVICES, WITHOUT WARNING, IN OUR SOLE DISCRETION.
In order to protect the integrity of the Website, POMP reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website. Any provisions of these Terms of Service that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms of Service, shall be deemed to survive for as long as necessary to fulfill such purposes. If POMP terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating your access of the Website, POMP reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
SECTION 21 - INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“POMP Content”) and the trademarks, service marks and logos contained therein, including without limitation POMP (collectively, “Marks”) are owned by or licensed to POMP, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. POMP Content, includes without limitation all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All POMP graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of POMP in the United States and/or other countries. POMP’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service offering in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of POMP. POMP Content on the Website may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. POMP reserves all rights not expressly granted to you in and to the Website and POMP Content and Marks.
SECTION 22 - ENTIRE AGREEMENT
These Terms of Service and any and all policies or operating rules incorporated by reference in these Terms of Service constitutes the entire agreement and understanding between you and us, govern your use of the Website and the Products and Services, and supersede any and all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - GOVERNING LAW
These Terms of Service shall be construed and enforced in accordance with the laws of the State of California. You agree that all claims, actions, disputes, causes of action, controversies and/or lawsuits arising out of or related in any respect to these Terms of Service, the Website, and/or the Products and Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over San Diego County, State of California; subject, however, to the right of POMP, at POMP’s sole discretion, to bring an action to seek injunctive relief to enforce these Terms of Service or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to any user.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these 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 the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website and the Products and Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 -REFUND POLICY
We are here to serve you and are committed to exceeding your expectations. Should you be unhappy with the product, please e-mail us at hello@pompflowers.com, and we will aim to resolve your issues as soon as possible.
SECTION 26 - SHIPPING POLICY
We partner with a third-party courier service (FedEx or UPS) to fulfill all orders.
Once your POMP order has been picked up and scanned by the courier, you will receive an email notification with a tracking link that will direct you to the most up-to-date tracking details for this package.
With a POMP account, you can also track your POMP order in your order history.
Note: Tracking is generated for a POMP order once it’s picked up by the carrier. Our standard delivery is national next day including on Saturday. All orders are usually picked up by 4pm EST for next-day delivery. If you have placed an order for a future delivery date, your order will still travel next day air via our third-party courier partner and leave our facility the day prior to your requested delivery date.
If your tracking details do not show a delivery date or status, please contact us at hello@pompflowers.com.
SECTION 27 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at hello@pompflowers.com.
SECTION 28 - ACKNOWLEDGEMENT
BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE WEBSITE AND THE PRODUCTS AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY ALL OF THEIR TERMS AND CONDITIONS. YOU MUST AGREE TO THESE TERMS OF SERVICE IN ORDER TO SIGN UP AND USE THE WEBSITE AND THE PRODUCTS AND SERVICES.