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 be on Tuesdays.  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 Orders.  Orders 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 Friday 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 left from THE TALLEST TULIP’S facility.  Single Direct Orders – Cancellation. Single direct orders may be not be cancelled or eligible for refund after The Tallest Tulip orders flowers to fufill the order. (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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