THEBOUQS.COM TERMS OF USE

Last Modified on November 27, 2013

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

SECTION 13 OF THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.

Welcome to www.TheBouqs.com (the “Site”), a website dedicated to simplifying bouquet purchases and offering flat pricing. By browsing or using the Site, purchasing any floral goods through the Site, or entering into any other transactions with The Bouqs, you agree to the terms of use set forth herein (the “Agreement”). This Agreement is between you and The Bouqs Company (“The Bouqs”, “we”, or “us”), and it governs your access to and use of the Site. If you do not agree to any part of this Agreement, you are not authorized to use the Site, order bouquets, or enter into any transactions with The Bouqs.

1. Amendments and Changes

The Bouqs may amend this Agreement at any time by posting the amended terms of use on the Site, and you agree that you will be bound by any changes to this Agreement. For your convenience, the date of last revision is included at the top of this page. If at any point you do not agree to any portion of the then-current version of this Agreement, you must immediately stop using the Site and not renew your subscription service. The Bouqs may make changes to the Site at any time. You further understand that The Bouqs may discontinue or restrict your use of the Site for any reason or no reason with or without notice. If you do not agree to any part of the Agreement, you should discontinue your use of the Site.

2. Privacy Statement

By using the Site, you represent that you have read and consent to our Privacy Statement which is incorporated into this Agreement by this reference. The Bouqs may revise the Privacy Statement at any time, and the new versions will be available at the above link. If at any point you do not agree to any portion of the Privacy Statement, you must immediately stop using the Site and not renew your subscription service. Without limiting the foregoing, you authorize us to share your information with third parties PayPal, Authorize.net, and FedEx. We strongly advise you to read each of their privacy policies.

3. Copyrights and Trademarks

The images and other materials on the Site belong to or are licensed to The Bouqs. The materials are protected by United States and foreign copyright laws. “The Bouqs” and “Bouqs,” other marks and logos are trademarks protected by United States and foreign trademark laws. You agree not to use any of The Bouqs’ trademarks without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of the Site or its design, without our prior written consent, especially to start your own floral business. You further agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, without receiving our prior written permission. If you use the images, materials or trademarks on the Site in a way that is not allowed by this Agreement, you are violating the Agreement and may also be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Site. Title to the materials remains with us or with the authors of the materials contained on the Site. All rights not expressly granted are reserved.

4. Limited License

Subject to your compliance with the terms and conditions of this Agreement, The Bouqs grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Site. Neither the Site, nor any portion of the The Bouqs’ services, may be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of The Bouqs. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of The Bouqs or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.

5. Eligibility and Accounts

5.1. Eligibility.

You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, and are at least 18 years of age. Children under the age of 18 are not allowed to use the Site.

5.2. Account.

To access certain portions of the The Bouqs Services, you may be required to create an account through the Site (an “Account”). You agree that you shall not create an Account or use the Site if you (i) are under the age of 18, (ii) if you have previously been removed by The Bouqs or banned from using the The Bouqs Services, (iii) already have an Account with The Bouqs, (iv) are located in a country embargoed by the United States or (v) are on the U.S. Treasury Department’s list of Specially Designated Nationals.

5.3. Account Security.

You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify The Bouqs immediately if you believe that your Account username and/or password have been compromised.

5.4. Account Suspension.

The Bouqs reserves the right to permanently suspend or terminate your Account and

your access to the Site or seek appropriate injunctive or monetary relief if it suspects that you have violated any part of the Agreement.

6. Links to Other Websites

The Site may contain links to websites operated by other parties. The Bouqs provides these links to other websites as a convenience, and use of those sites is at your own risk. The linked sites are not under the control of The Bouqs, and The Bouqs is not responsible for the content available on the other sites. Such links do not imply The Bouqs’ endorsement of information or material on any other site and The Bouqs disclaims all liability with regard to your access to and use of such linked websites.

7. Fees and Payments

7.1. Payments.

You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Site, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Site, you (a) agree to pay the price for such products set forth in the Site, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize The Bouqs to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

Payment can be made by credit card, debit card, or through PayPal. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor (including Authorize.net) are solely your responsibility.

If you purchase a subscription for repeated deliveries, then you hereby authorize The Bouqs to bill your credit card for the amounts and at the intervals described on our Site (or at approximately those intervals, to accommodate for holidays and other irregularities), until the end of the subscription period, or indefinitely if you decide to purchase an open-ended subscription. In cases where your credit card expires, is cancelled, is over the limit, or is otherwise declined for any reason, we will not continue to deliver bouquets or renew your subscription, though we may, but are not obligated to, contact you to notify you of the issue.

7.2. Discounts.

The Bouqs provides a discount for referrals, as well as a 10% discount for subscription plans. These promotions may be altered by information published on our Site, and if any information is conflicting, the terms most beneficial to The Bouqs shall prevail and take effect. The Bouqs may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason at The Bouqs’ sole discretion. Discounts, Promotions, and Store Credits of any kind may not be combined unless at the sole discretion of The Bouqs Company. Discounts or other financial benefits given in reward for referring other users to us may be considered a taxable benefit by any revenue agency having jurisdiction over you, which you are solely responsible for, and you should consult an accountant and/or tax attorney in your jurisdiction to determine your tax liabilities incurred as a result of participating in our referral program.

If a subscription plan is cancelled after only 1 delivery The Bouqs may charge a $5 cancellation fee.

7.3. Return and Refund Policy.

Except as provided for replacement bouquets below, there are no refunds or returns for the floral goods purchased on the Site. All sales are final. You may receive a replacement bouquet only if: (1) you complete a request form at www.thebouqs.com/en/contact-us within three calendar days of the delivery date, (2) the wrong item was delivered, or if the bouquet arrives in substandard condition, or if the bouquet is delivered after the delivery date or never delivered at all, and (3) if the bouquet arrived in substandard condition, then (i) a photograph of the bouquet must be attached to the customer service request at www.thebouqs.com/en/contact-us, and (ii) you must have chosen the “Indirect Signature Required” delivery method, and (iii) someone must have been present to take delivery of the bouquet upon arrival, as indicated by the carrier. Replacement bouquets cannot be transferred for value or redeemed for cash.

7.4. Changes to Products and Pricing.

The Bouqs may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold through the Site. The inclusion of any products through the Site at a particular time does not imply or warrant that these products will be available at any other time. The Bouqs reserves the right to change prices for products displayed on the Site, or the Site, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Site.

7.5. Order Acceptance/Confirmation.

Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify The Bouqs’ acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. The Bouqs reserves the right at any time after receiving your order to accept or decline your order for any reason. If The Bouqs cancels an order after you have already been billed, then The Bouqs will refund the billed amount.

7.6. Shipment of Products.

Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier, FedEx. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of floral goods purchased by you through the Site will be delivered within the time period specified for the delivery method you have selected. All orders are shipped using FedEx or another a third party courier. The earliest delivery date available for an order is approximately one week from the day that payment for the order is confirmed. Shipping is not available for delivery on Saturdays, Sundays or Mondays. Online tracking is available at FedEx’s website, though we make no warranties regarding its availability because it is not under our control. All deliveries are scheduled for a 10:30am arrival, though we cannot guarantee delivery by any specific time. We strongly encourage recipients to be at the delivery location to receive the flowers as flowers that remain outside are more likely to wilt and die.

The Bouqs offer two delivery options: (1) Indirect Signature Required, and (2) No Signature Required. Indirect Signature Required means that the recipient, or someone at the location (or at an address close by) must sign for the package to be delivered. The Bouqs strongly encourages the Indirect Signature Required option to ensure safe and fresh delivery.
No Signature Required means that FedEx will leave the package at the address whether the recipient or another person is available or not. Should a customer choose the No Signature Required option, The Bouqs cannot guarantee freshness and cannot provide replacements or refunds based on flower quality or freshness. Without the signature provided, we cannot be sure that the package was delivered at the correct time and place, or that the flowers were treated as is needed to maintain quality. If you choose the No Signature Required shipping method, then neither The Bouqs nor FedEx can be held responsible or liable for product quality or longevity. Thus, The Bouqs strongly encourages the use of Indirect Signature Required shipping.

Shipment is free for customers who have registered an Account with us for deliveries Monday through Friday. For customers without an Account a shipping fee is charged per product.

7.7. No Delivery To Children.

In furtherance of The Bouqs’ policy of not collecting personal information from children under the age of 13, users are not allowed to give The Bouqs the personal information of any children under the age of 13 for delivery or shipping purposes or any other reason.

7.8. Typographical Errors.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or PayPal account charged. If your credit card or PayPal account has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

8. Location

The Site is operated by The Bouqs in the United States. Those who choose to access the Site from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

9. DISCLAIMER OF WARRANTIES

THE SITE, THE PRODUCTS OFFERED FOR SALE ON IT, AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SITE MAY INCLUDE INACCURADCIES, MITAKES, OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

THE BOUQS DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AGREE THAT THE BOUQS SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

10. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOUQS, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF THE BOUQS AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY (SUCH AS OUR SHIPPER), INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY, OR WHICH DELAY OR PREVENT THE DELIVERY OF OUR GOODS TO YOU.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE BOUQS OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

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, the liability of The Bouqs and its affiliates shall be limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, hold harmless and defend The Bouqs and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by The Bouqs arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of personal or confidential information or (b) use or misuse of the Site.

12. Dispute Resolution and Governing Law

This Agreement shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. Except as provided in Section 13 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, and you agree to submit to the personal jurisdiction and venue of such courts. You are responsible for compliance with all local laws if and to the extent local laws are applicable.

13. Binding Arbitration

(a) Arbitration Procedures. You and The Bouqs agree that, except as provided in Section (d) below, all disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.

Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and The Bouqs may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND THE BOUQS WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

(b) Location. The arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.

(c) Limitations. You and The Bouqs agree that any arbitration shall be limited to the Claim between The Bouqs and you individually. YOU AND THE BOUQS AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

(d) Exceptions to Arbitration. You and The Bouqs agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or The Bouqs’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

(f) Severability. You and The Bouqs agree that if any portion this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable, then neither you nor The Bouqs will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and The Bouqs agree to submit to the personal jurisdiction of that court.

14. Term and Termination

This Agreement is effective until terminated. The Bouqs may terminate this Agreement with or without notice for any reason, or for no reason. You may terminate this agreement by discontinuing your use of the Site and notifying The Bouqs in writing.

15. General

Agreement Revisions. This Agreement may only be revised in writing by The Bouqs, or published by The Bouqs on the Site.

Force Majeure. The Bouqs shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of The Bouqs, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond The Bouqs’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Bouqs as a result of this Agreement or your use of the Site.

Assignment. The Bouqs may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without The Bouqs’ prior written consent, and any unauthorized assignment by you shall be null and void.

Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.

Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Equitable Remedies. You hereby agree that The Bouqs would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.

16. Notice to California Users and Residents.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding The Bouqs or the Site, please send an email to service@thebouqs.com. You may also contact us by writing to:

The Bouqs Company
Attn: California Legal Notice
4766 Admiralty Way #12007
Marina Del Rey, CA 90295.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (916) 445-1254 or (800) 952-5210, or by postal mail at:

California Department of Consumer Affairs
1625 North Market Blvd.
Sacramento, CA 95834 

17. Acknowledgement and Agreement

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.


THEBOUQS.COM PRIVACY STATEMENT

Our Privacy Commitment

Thank you for visiting TheBouqs.com, a service dedicated to simplifying bouquet purchases. The Bouqs Company (the “Company,” “The Bouqs” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of www.thebouqs.com (the Site”).  As such, we have established and implemented this Privacy Statement to inform visitors to the Site of how we use and protect the information we collect through the Site.  By visiting or browsing the Site, you consent to The Bouqs’ collection, use, storage, deletion, transfer to the United States, and disclosure of personal information relating to you as set forth in this Privacy Statement.  This Privacy Statement is effective as of the date set forth above and covers our collection, use, and disclosure of information we collect through the Site.

This policy answers the following questions:

  • What information do we collect about you and how do we use it?
  • Will we share your personal information with third parties?
  • What choices do you have about the collection and use of your personal information?
  • What security measures do we take to safeguard your personal information?

What Information Do We Collect About You and How Do We Use It?

Types of Information We Collect

Personal information means information that can be used to identify and contact you.  Our Site may be browsed anonymously.  If you do not browse anonymously, the Site may collect personal information from you including your email address, mailing address, date of birth, gender, browser cookies, credit card information, PayPal information, telephone number, and billing and shipping information .  We also collect the third party bouquet recipients’ names, addresses, telephone numbers and email addresses that you provide to us.

We may collect personal information when you create an account on the Site; subscribe to our newsletter; participate in Site feedback, questionnaires, surveys, or contests; participate in forums and chat rooms; purchase a product through the Site; or receive customer or technical support.

How We Use Your Personal Information

We may use your personally identifiable information for all legal purposes, including to enhance or improve your experience, our Site, or our delivery services and to perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or delivery services.

The Bouqs may use your email address or other personally identifiable information to send you commercial or marketing messages including, without limitation, newsletters and email communications about our products or services. We will also use your email address to contact you regarding any customer or technical support issues.

If you purchase goods or services through the Website, The Bouqs may need for you to provide certain financial information so that The Bouqs may effect a payment transaction. As part of the payment system, The Bouqs or third parties performing sales processing services on The Bouqs’ behalf, will collect, store and use non-public personally identifiable information, such as your name, address, credit card number, phone number, and your e-mail address. In addition, the payment system will also collect information regarding the actual bill payment transaction, including the date and amount paid. The Bouqs will store and protect this information in the same manner that The Bouqs stores and protects other personal information.

De-Personalizing Your Information

We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect on the Site (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.

Cookies and other Technical Information

Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient and to enhance your experience with the Site. For example, when you return to the Site after logging in, cookies provide information so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Site by, for instance, remembering your preferences. Cookies also prevent items placed in a shopping basket from disappearing by the time you checkout. Cookies are not spyware or adware, and can’t deliver viruses or run programs on your computer. A user may configure his or her web browsers to accept or reject or delete the cookies, or notify the user when a cookie is being set.

We may collect other technical information from users of the Site, including their IP address, browser type, domain names, and access times.

Tracking Pixel

A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page and allows for the collection of information regarding the use of the web page that contains the tracking pixel. The Bouqs uses third party ad servers to support tracking pixels and cookies.

“Do Not Track”

In compliance with California legislation, AB370, effective January 1, 2014, The Bouqs’ practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site are described below. We honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, The Bouqs does not collect user information about your online activities over time and across different websites, or authorize third parties to do so.

Google

Our Site uses Google AdWords and Google Analytics to help us learn about who visits our site and what pages are being viewed.

Social Media Features

Our Site interfaces with social media sites such as Facebook, Twitter, Pinterest, Instagram, and Google+. If you choose to share information from the Site through those services, you should review the privacy policy of that service. Those social media sites may collect your IP address or set cookies. If you are a member of a social media site, the interfaces may allow the social media site to connect and view your personally identifiable information.

Children’s Privacy

We do not knowingly collect any personal information from children under the age of 13, allow them to create accounts, enter into payment transactions, order flowers, sign up for newsletters, or browse the Site. Users are not allowed to give to The Bouqs the personal information of any children under the age of 13 for delivery purposes or any other reason. The Bouqs takes children’s privacy seriously and encourages parents to play an active role in their children’s online experience at all times. We urge parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when on-line. If you have any concerns about your child’s personal information, please contact us at service@thebouqs.com.

How We Will Share Your Personal Information With Third Parties

We will share the personal information we collect from you under the following circumstances:

  • Protection of rights. The Bouqs will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Site, or (iii) such action is appropriate to protect the rights, property or safety of The Bouqs, its employees, clients, or users of the Site.
  • Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of The Bouqs’ assets or a line of business, user information, including personal information collected from you through your use of the Site, could be included in the transferred assets. Should such an event occur, The Bouqs will use reasonable means to notify you through a prominent notice on the Site. By sharing your personal information with The Bouqs, you are giving The Bouqs consent to transfer your personal information to a third party in an asset transfer described here.
  • Service Providers. We may share your personal information with third party vendors or service providers that we engage for the purpose of fulfilling product orders or processing information on our and your behalf. For example, we may partner with other companies to process payments for the Site. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Additional Information You Should Know About Third Parties

Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they adhere to the same privacy and security procedures as The Bouqs.

When you click on a third party logo or URL displayed on our Site which links you to a different website, our Privacy Statement no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website. If you cannot find their privacy policy, then you should contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies. We are not responsible for their collection and use of your personal information.

Without limiting the generality of the foregoing, you authorize us to share your information with PayPal, Authorize.net, and Federal Express. We strongly advise you to read each of their privacy policies.

What Choices Do You Have About the Collection and Use of Your Personal Information?

By using the Site, you consent to our collecting, using, and sharing it in accordance with this Privacy Statement.

Control of Your Information

TheBouqs.com allows you to control the way we use personally identifying information that we might obtain. At the time you provide personal information, The Bouqs may give you the option of declining any future offers or information about new products, promotions, or services. In addition, many of the “mailings” The Bouqs may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings.

How to Correct or Delete Your Data

Any individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his or her query to the following email address: service@thebouqs.com, or by postal mail at:

The Bouqs Company
ATTN: Data Request
4766 Admiralty Way #12007
Marina Del Rey, CA 90295.

Please include your full name and email address associated with your account and a detailed description of your data request. In some cases, we may not be able to delete your personal information, and will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

California Residents: Your California Privacy Rights

Under California law, our customers that are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. See the section above entitled “How We Will Share Your Personal Information With Third Parties” for more information. Furthermore, we give customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. If you are a California resident, you may opt out of having your personal information shared with third parties and/or receiving information from The Bouqs (via email or postal mail) about new products, services, or promotions, by contacting us at info@thebouqs.com or by postal mail at:

The Bouqs Company
ATTN: California Privacy Request
4766 Admiralty Way #12007
Marina Del Rey, CA 90295

Please include your full name and email address associated with your account and a detailed description of your data request.

Governing Law

This Privacy Statement is governed by, and construed under, the laws of the United States of America and the laws of the State of California, excluding its choice of law provisions.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Statement, you and The Bouqs will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

What Security Measures Do We Take To Safeguard Your Personal Information?

The personal information that you provide to us is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, Company employees and agents who have access to your personal information are trained in the maintenance and security of that information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the Site and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Notification of Changes

This Privacy Statement may change from time to time and we will post all changes on the Site. You understand and agree that you will be deemed to have accepted the updated Privacy Statement if you use the Site after the updated Privacy Statement is posted on the Site. If at any point you do not agree to any portion of the Privacy Statement then in effect, you must immediately stop using the Site.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Statement, please contact us at service@thebouqs.com.

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