Terms and Conditions
TERMS & CONDITIONS - PRIVACY POLICY
TERMS OF USE
This Website is operated by Denver Roses, LLC. All inquiries may be directed to:
Denver Roses
Email Info@denverroses.com
Your use of this Website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the denverroses.com website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Denver Roses, either through our website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our website.
Use of Website
The denverroses.com website is for the sole use of individuals and entities wishing to review, consider, purchase, or otherwise engage in retail transactions involving Denver Roses’s goods and services and/or to otherwise transact business with or contact Denver Roses, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share the transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Denver Roses. This policy is intended to protect the privacy and freedom of Denver Roses’s customers and the personal relationship Denver Roses works to develop with its customers and others authorized to use its website.
Confirmation of Order
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information.
We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of our declining to accept or for canceling your order.
Payment
You must pay in full by debit, credit card, or PayPal Secure Checkout in advance when you submit an order through our Website.
Payment will be collected at the time of placing the order. Full payment must be received before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back, or reversed in any way by you, you will have to pay the total amount of the sale, plus an administration fee and any additional fees incurred by Denver Roses. If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.
Pricing Information
Denver Roses cannot confirm the price of an item until after your order is placed.
Pricing errors may occur on the Denver Roses website. Denver Roses reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Denver Roses. Denver Roses may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Returns and Refunds
You may return roses within 7 days of delivery for a full refund. You will be responsible for shipping costs and fees. Items should be returned in their original product packaging. Please contact us at EMAIL for complete instructions on how to return a product to us. Please note that Denver Roses reserves the right to not offer a refund if packaging instructions were not followed.
Cancellations of Orders
Orders cannot be canceled once Denver Roses has begun processing the order. In order to promptly deliver our arrangements as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. However, should you wish to change or cancel your order, you are welcome to call us to check whether the processing of an order has commenced, and if it has not we may be able to accommodate your request to cancel and will do our best to meet your needs. Any changes to or cancellation of an order can only be made with Denver Roses’s prior written approval and additional charges may apply. Any agreement by Denver Roses to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges, and expenses already incurred by Denver Roses to that point, and you agree that such amounts may be deducted from any payments previously made to Denver Roses. During routine website maintenance, any pricing issues may not be honored and orders may be canceled and refunded when improper rates are applied.
Accordingly, we encourage you to carefully check your order before submitting it.
Quotes/Custom Orders/Changes:
The prices displayed on this website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this website at the time of your order.
Delivery
Delivery will be deemed to have taken place at the time Denver Roses places an order in the possession of any carrier service (e.g., UPS, USPS, Federal Express, DHL, or Hand Delivery) for customer delivery. Denver Roses are not responsible for lost, stolen, or damaged goods once an order leaves our possession.
If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier, we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for the remaining deliveries.
Copyright
You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms.
Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Denver Roses using the images you supply.
For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Denver Roses to reproduce the images has been obtained.
We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for Denver Roses’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.
Warranty
Denver Roses warrants that it has the right to provide its products but otherwise, the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.
Limitation of Liability
To the fullest extent permitted by applicable law, Denver Roses shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic, or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Denver Roses.
Submissions and Use of Community Features
We welcome your comments regarding the denverroses.com website. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, “Comments”) sent to denverroses.com shall be and remain the exclusive property of Denver Roses. Your submission of any such Comments shall constitute an assignment to Denver Roses of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. Denver Roses will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.
LIMITATION OF LIABILITY AND ADDITIONAL TERMS:
BY ENROLLING IN THE PROGRAM AND REDEEMING THE REWARDS, THE MEMBER AGREES THAT DENVER ROSES AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, WITH THE EXCEPTION OF ERRORS IN POSTING POINTS TO ACCOUNTS. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF OR DELAY IN RECEIVING ANY MEMBERSHIP
APPLICATION, DATA, CORRESPONDENCE, OR REWARDS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF CREDITS OR REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES, AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D ) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF CREDITS FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM RULES, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE SITE AND THE REWARDS, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SECTION WILL SURVIVE THE TERMINATION OF MEMBERS’ ENROLLMENT IN THE PROGRAM.
Denver Roses - Copyright
You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. You are giving Denver Roses and its affiliates a non-exclusive license to use the content you submit which can’t be revoked by you except where permitted by law. We will not independently confirm that you, the submitter, have legal rights to the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms.
Denver Roses reserves the right, in its sole discretion, to reject, delete, move, re-format, remove, or refuse any content submitted to our site for any reason. Without limitation, we may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Use or any applicable Additional Terms.
Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order in any manner at our sole discretion. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Denver Roses using the images you supply.
You agree to forever release, discharge, indemnify, defend, and hold harmless Denver Roses from and against, and covenant not to sue for, any claims, actions, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, including but not limited to any claims for defamation or infringement of publicity, privacy or “moral” rights arising from or in connection with the distribution, display and/or use of the content, or arising out of or related to any breach of any of the above representations and warranties.
For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Denver Roses to reproduce the images has been obtained.
We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our website or other advertising media, for Denver Roses’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.