Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to
and use of this site are subject to the following terms and conditions
and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Product
As most of the
items sold on this site are manufactured and/or decorated by hand,
variations will occur. Sizes may vary from the published dimensions by
up to 15%. Decorations and glazes may be colored slightly differently
than what is shown in the photos shown on the site. Please be aware
that as a result of the hand-production process, there may occasionally
be fingerprints, nicks, bumps, or other slight inconsistencies in the
finish of our products.
The Flower Pot Shop will make every effort
to ship only 1st quality goods, and the variations listed above will be
judged to be acceptable.
Returns / Exchange Policy
The Flower Pot Shop will accept customer returns in the following circumstances:
1) In the event of
breakage or damage incurred during shipment, The Flower Pot Shop, Inc
will replace the damaged products upon presentation of evidence of
damage. Generally, photos of the broken pot(s) will be sufficeient for
this purpose. Please contact us at support@flowerpotshop.com if you need to replace a damaged pot.
2) If for some reason you
are not satisfied with your purchase, The Flower pot Shop will accept
returns at the customer's expense, and upon receipt of the returned
items will issue a credit for the amount of the purchase (excluding
shipping and handling charges). Please contact us at support@flowerpotshop.com to exchange or return a product.
2a) All products shipped
by The Flower Pot Shop, Inc are deemed to be within the range of
acceptable tolerances by our quality control specialists. Please note
that because of the hand-made nature of the products sold by The Flower
Pot Shop, Inc., minor variances in the glazing and decorations can and
will occur from the web site photography. Hand-made pots may
occasionally be slightly out-of-round. Actual sizes of our flower pots
may vary by up to 15% in any dimension.
2b) Because all of our flowerpots are finished by hand and most are
handmade, there will be variations in finishes such as: Color
variations, smudges, glaze crazing, surface drying cracks, and slight
size variations. These are intentional characteristics of our pottery
and are not considered defects. Due to these factors there is not an
expection that all flowerpots will match exactly.
Copyright
The entire
content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United
States and other copyright laws, and is the property of
The Flower Pot Shop, Inc.. The collective work includes works that are
licensed to The Flower Pot Shop, Inc.. Copyright 2006, The Flower Pot Shop, Inc.
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with The Flower Pot Shop, Inc. or purchasing The Flower Pot Shop, Inc.
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
The Flower Pot Shop, Inc. or to purchase The Flower Pot Shop, Inc. products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by The Flower Pot Shop, Inc.. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of The Flower Pot Shop, Inc. used
in the site are trademarks or registered trademarks of
The Flower Pot Shop, Inc.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law,
The Flower Pot Shop, Inc. disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement.
The Flower Pot Shop, Inc. does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.
The Flower Pot Shop, Inc. does not make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
The Flower Pot Shop, Inc.
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if The Flower Pot Shop, Inc.
has been advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Typographical Errors
In
the event that a The Flower Pot Shop, Inc. product is mistakenly listed at an
incorrect price, The Flower Pot Shop, Inc. reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
The Flower Pot Shop, Inc. reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, The Flower Pot Shop, Inc. shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by
The Flower Pot Shop, Inc. without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
The Flower Pot Shop, Inc.
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
The Flower Pot Shop, Inc..
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
The Flower Pot Shop, Inc. products) shall be in the state or federal courts
located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of The Flower Pot Shop, Inc. products) must be commenced within one
(1) year after the claim or cause of action arises.
The Flower Pot Shop, Inc.'s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. The Flower Pot Shop, Inc. may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a The Flower Pot Shop, Inc. or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
The Flower Pot Shop, Inc.
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, The Flower Pot Shop, Inc. is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, The Flower Pot Shop, Inc. reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to The Flower Pot Shop, Inc. in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless The Flower Pot Shop, Inc., its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors,
The Flower Pot Shop, Inc. may link to sites operated by third parties.
However, even if the third party is affiliated with
The Flower Pot Shop, Inc., The Flower Pot Shop, Inc. has no control over these
linked sites, all of which have separate privacy and data collection
practices, independent of The Flower Pot Shop, Inc.. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, The Flower Pot Shop, Inc. seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
Shipping Methods
The Flower Pot Shop offers its customers a range of shipping options a
checkout. Due to frequent pricing fluctuations due to fule surcharges
and other reasons, the pricing databases may be out of date, and may
not accurately reflect true shipping charges on some orders. The Flower
Pot Shop will honor the shipping prices generated by these databases,
but reserves the right to ship via carriers other than those selected
by the customer in the event of price fluctuations. The Flower Pot Shop
will always chose a comperable service level when making these
substitutions.
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