Terms and Conditions & Online Privacy Policy

The Tallest Tulip, Inc.  Terms & Conditions

Effective Date: January 1, 2019

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

THE TALLEST TULIP provides certain products and services through its website: www.thetallesttulip.com and other websites, social media accounts, or mobile technologies and applications that it may introduce or acquire in the future. Your use of these sites to transact online business with THE TALLEST TULIP (hereinafter referred to as “THE TALLEST TULIP Services”) are subject to these terms and conditions (“Terms”) and the Privacy Policy on our website. These Terms only apply to online orders for THE TALLEST TULIP’S monthly subscription floral service, single orders, or gift box orders. These terms do not apply to Wedding or Event Services which require a separate Service Agreement. These Terms are current as of the Effective Date. THE TALLEST TULIP reserves the right to change these Terms from time to time and the most current version shall apply.

1. Authorized Users. In order to make a purchase online for THE TALLEST TULIP Services, you must be 18 or older and have a valid credit card or other acceptable electronic payment method. You may use THE TALLEST TULIP Services only for personal use and may not purchase any product for direct or indirect resale.

2. Accounts and Passwords. You may establish an account to use or access certain features of THE TALLEST TULIP Services. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your account. You must immediately notify THE TALLEST TULIP of any unauthorized use of your password or account or any other breach of security.  THE TALLEST TULIP reserves the right, in its sole discretion, immediately and without notice, to suspend or terminate your account or your ability to access THE TALLEST TULIP Services for any reason, including, without limitation, any breach of these Terms by you.

3. Purchasing Procedures. (a) Pricing. By accessing THE TALLEST TULIP Services, you agree to the various policies and procedures that apply to the purchase of the current products or services offered. Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes, duties, freight, shipping or delivery fees. All products are subject to availability. THE TALLEST TULIP reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, or typographical on its website. (b) Payment Terms. Monthly Subscription Service: Customer must pay for the subscription term at the time of order placement.  Single, Direct Orders: Customers must pay for the entire order at the time of order placement, including shipping or delivery charges.  (c) Payment Processing. THE TALLEST TULIP engages a third-party provider for credit and debit card processing. Customers will be directed to the third-party provider’s site to complete their transaction.  THE TALLEST TULIP has no liability for payment processing procedures and/or security involving the third-party provider.  THE TALLEST TULIP does not track or have access to Customer’s payment methods or account numbers. If Customer’s payment method is rejected, Customer will be notified immediately by the third-party provider in order to correct any errors.

4. Logistics.  (a) Shipping / Delivery Terms. Monthly Subscription Service / Local Delivery: Risk of loss transfers to Customer upon delivery to address supplied by Customer. Subscription deliveries are delivered between 5-7 pm CST on the 1st and 3rd Wednesday of the month.  If Customer is not home, THE TALLEST TULIP will leave the delivery on the Customer’s porch, attempting to place order in an inconspicuous location when possible.
Single Direct Shipped OrdersOrders ship via FedEx or any other carrier of THE TALLEST TULIP’S choosing.  Customer is responsible for all shipping costs and any associated taxes, duties, or import / export fees.  Customer will receive tracking information via the email address that Customer provided upon ordering.  Risk of loss transfers upon delivery by THE TALLEST TULIP to carrier.  (b) Order Changes, Cancellation or Delays.  Monthly Subscription Service. Customers may choose to skip or postpone up to two (2) deliveries per subscription term in order to reschedule the delivery for a later date. Customers must notify THE TALLEST TULIP via email no later than 10:00 a.m. on the Tuesday before the scheduled delivery if they wish to skip delivery.  Single Direct Orders – Changes.  Customers may request changes to single direct orders up to the time that the product has shipped from THE TALLEST TULIP’S facility.  Single Direct Orders – Cancellation. Single direct orders may be cancelled prior to shipping from THE TALLEST TULIP’S facility. (c) Substitution / Warranties. To insure a high level of quality and product, The Tallest Tulip reserves the right to make appropriate floral substitutions when necessary.  In this case, the integrity of the proposed color scheme will be maintained, and flowers of equivalent value will be used. Please inform your designer if there are flowers you deem as unacceptable alternatives.  Due to the nature of organic materials, The Tallest Tulip cannot be held responsible for variations in color or size of flowers. Specifically:  Flowers:  Monthly Subscription Service.  THE TALLEST TULIP will use currently available flowers that are the longest-lasting and in season.  Monthly Subscription arrangements shall differ depending on season and flower availability, but each arrangement will be designed to fit the size category chosen by Customer upon ordering: Small (5 focal blooms); Medium (10 focal blooms); Large (15 focal blooms) plus fill material.    Single Direct Order Arrangements: Single Direct Order Arrangements containing assorted flowers will be like the products shown online or verbally described at the time of order placement but may require the substitution of different flowers or different colors of blooms of equal or greater value. Specialty Gift Orders:  Specialty gifts may be substituted with another specialty gift of equal or greater value and of similar theme and category if necessary. The Tallest Tulip warrants that the Services will be performed in conformity with reasonable floral industry standards. Except for the foregoing, The Tallest Tulip makes no express or implied warranties, and expressly disclaims any warranties of merchantability or fitness.

5. Limited Live Plant Guarantees. Flowers, plants or any other preserved items are guaranteed to last 48 hours. If blooms wilt, mold, or shut within 48 hours of delivery please contact THE TALLEST TULIP, which shall, at its discretion, either refund or replace your arrangement.

6. Legal Notices. THE TALLEST TULIP Services and promotional materials may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of THE TALLEST TULIP or third-parties with permission. No license in or right to any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights is granted to or conferred upon you by using THE TALLEST TULIP Services.

7. Communications. With respect to all communications with THE TALLEST TULIP including, without limitation, feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and THE TALLEST TULIP shall have no obligation to protect your communications from disclosure; (b) THE TALLEST TULIP shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) THE TALLEST TULIP shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.

8. Binding Arbitration. BY USING THE TALLEST TUPLIP SERVICES, YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND THE TALLEST TULIP ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE TALLEST TULIP SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OR THE TALLEST TULIP’S PRIVACY POLICY AND PRACTICES OR TO ANY SPECIFIC ORDER (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Payment of arbitration costs will be governed by the AAA’s fee schedule. The arbitration will be conducted in Houston, Texas. The arbitrator’s award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.

9.     Indemnity.  By using any of THE TALLEST TULIP Services, you agree to indemnify and hold THE TALLEST TULIP, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (a) your use of THE TALLEST TULIP Services; (b) any personal or property damage or injury sustained from reception or use of THE TALLEST TULIP Services; (c) any User Content provided or used by you; or (d) your violation of these Terms and Conditions.

10. Limitation of Liability. THE TALLEST TULIP SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR OPERATION OF THE TALLEST TULIP SERVICES INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH. THE TALLEST TULIP’S AGGREGATE LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE TALLEST TULIP SERVICES IS LIMITED TO THE PURCHASE PRICE PAID FOR THE MATERIALS, PRODUCT AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY.

11. Limited Time to Bring Your Claim. You and THE TALLEST TULIP agree that any cause of action arising out of or related to THE TALLEST TULIP Services or any of THE TALLEST TULIP Content, including without limitation any Claim or Dispute, must be commenced within one (1) year after the cause of action accrues or such cause of action is permanently barred, unless such limitation is prohibited by law.

12. Force Majeure. THE TALLEST TULIP shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, grower delays at the farm level, delays due to product held by the USDA/Customs for inspection, or any other circumstance or cause beyond the reasonable control of THE TALLEST TULIP in the conduct of its business.

13. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Texas.

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ONLINE PRIVACY POLICY AGREEMENT

 

The Tallest Tulip, LLC, (The Tallest Tulip), is committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private. Our privacy policy has been designed and created to ensure those affiliated with The Tallest Tulip, LLC of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.

THEREFORE, this Privacy Policy Agreement shall apply to The Tallest Tulip, LLC , and thus it shall govern any and all data collection and usage thereof. Through the use of www.thetallesttulip.com you are herein consenting to the following data procedures expressed within this agreement.

Collection of Information
This website collects various types of information, such as:

  • Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested. 
  • Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.

    We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.

    It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.

    Use of Information Collected
    The Tallest Tulip, LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.thetallesttulip.com . The Tallest Tulip, LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

    The Tallest Tulip, LLC does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.

    The Tallest Tulip, LLC may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.

The Tallest Tulip, LLC may disclose your personal information, without prior notice to you, only if

required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

  • Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon The Tallest Tulip, LLC and/or our website;
  • Maintain, safeguard and/or preserve all the rights and/or property of The Tallest Tulip, LLC; and
  • Perform under demanding conditions in an effort to safeguard the personal safety of users ofwww.thetallesttulip.com and/or the general public.

    Children Under Age of 13
    The Tallest Tulip, LLC does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

    Unsubscribe or Opt-Out
    All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to ashley@thetallesttulip.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

    Links to Other Web Sites
    Our website does contain links to affiliate and other websites. The Tallest Tulip, LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.

    Security
    The Tallest Tulip, LLC shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.

    The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.

    Changes to Privacy Policy Agreement
    The Tallest Tulip, LLC reserves the right to update and/or change the terms of our privacy policy, and as such we will post those change to our website homepage at www.thetallesttulip.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time The Tallest

Tulip, LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

Acceptance of Terms
Through the use of this website, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email: ashley@thetallesttulip.com

Telephone Number: 281-845-2238

Mailing Address:
The Tallest Tulip, LLC
320 McKeever Rd., Building F Arcola, Texas 77583