Terms and Conditions
Before entering 48LongStems.com (the "Site") or using any of our Services please carefully review the Terms and Conditions (the "Terms"). Terms may be changed or updated from time to time so we ask that you review them periodically to make sure you are aware of and understand any changes. Updated versions of Terms will always be found here on this page. In the case of inconsistencies between Terms on this Site and information included in off-line materials such as mailings, these Terms will always dominate.
By entering the Site or by using any service of 48LongStems, LLC you accept the following terms and agree to be legally bound by the terms set forth below. If you do not agree to these terms, do not proceed to access the site or use any of our Services. Accepting these Terms creates a binding contract between you and 48LongStems stating that you will only use this Service in a way which coincides with these Terms. If you have questions about the Terms set forth, please contact us at info@48LongStems.com.
48LongStems allows orders to be changed or canceled up to 24 hours prior to the ship date, or 7 days prior to order dates near holidays such as Christmas, Valentines Day and Mothers day due to the abundance of orders that we receive during this period.
We accept Visa, MasterCard, American Express and Diner Club.
We reserve the right to automatically charge applicable sales tax for orders that are purchased by customers with addresses within the State of Maine. Customers are responsible for all sales taxes on orders shipped to any other state.
Shipping and Delivery of Products
48LongStems delivers products 5 days per week via Next Day Delivery. Orders are available for delivery in the United States only; delivery to any territories or countries outside of the United States is not available. Orders for next day delivery must be received by 2 PM Eastern Standard Time. Delivery is not available on Sunday or Monday and is not available to A.P.O's or P.O. Boxes.
48LongStems and our shipping providers will attempt to deliver orders on the requested delivery date. However, we cannot guarantee the time of delivery of your order. Most orders will be delivered between 8 AM and 5 PM. 48LongStems is not responsible for delivery delays due to adverse weather conditions, power outages, acts of terror, or acts of god as determined by our carrier or incorrect shipping addresses provided by the customer.
48LongStems will not be held responsible for:
- Orders delivered to an incorrect addresses supplied by the customer.
- Orders delivered on an incorrect date supplied by the customer.
- Unsuccessful deliveries due to incorrect addresses supplied by the customer.
- Unsuccessful deliveries based on the recipient not being present at the time of delivery attempt.
- Diminished product quality due to an incorrect address supplied by the customer.
- Diminished product quality due to improper handling by the recipient.
If an incorrect delivery address is provided by the customer, you agree that 48LongStems is authorized to charge your credit card in order to correct the delivery address without notice. Charges will be determined by our carrier but shall not exceed $10.00. Should a dispute arise, our carrier bill will serve as proof of correction and delivery.
Please make sure the recipient is available during delivery period. It is the customer's responsibility to make sure someone is available to sign for all orders. If the recipient is not in at the time of delivery, our shipments have a signature release meaning our carrier can leave packages at the door as they see fit. If flowers are not delivered on the carrier's first attempt or if packages are left at the door, 48LongStems will not be held responsible for any damage due to exposure or delayed delivery.
Special security measures that have been put into place for many buildings and institutions, such as hospitals, mandate that all deliveries be made to one central location. Packages will be delivered to these locations despite any specific instructions you may request. Please check with hospitals, schools, etc. before placing your order to understand restrictions at the intended location and to arrange for internal distribution of your order. If the location fails to properly distribute the order this is not cause for replacement or refund from 48LongStems. Our shipping carrier bill will serve as proof of delivery to the intended location should any dispute arise.
Replacements, Refunds and Substitutions
If you are unhappy with the flowers you have received, please send the flowers back to 48LongStems within 24 hours from the time they were received. Fresh cut flowers have a limited life so flowers that are being returned must be shipped via overnight delivery. If 48LongStems is not afforded the opportunity to inspect your flowers in a timely manner we will be unable to determine if a replacement order is warranted.
If flowers are returned within the above mentioned guidelines 48longstems will replace the order with a similar order of equal value to be redelivered at a time requested by customer as long as delivery times coincide with our shipping carrier's schedule.
48LongStems will not be held responsible for roses that were not cared for according to the included instructions with the flowers or by the instructions posted on our website.
In very rare cases a specific color or flower may not be available for shipment on the requested ship date. This happens when shipments of flowers from the farm are delayed or do not make it on the aircraft as scheduled. 48LongStems will make appropriate attempts to contact the sender on the day of shipment to arrange for a substitution. If we cannot contact the sender, a different color or flower of similar price may be substituted. This is not cause for a refund or replacement. If the shipping carrier fails to make delivery on the requested delivery day, due to fault of 48longstems, 48longstems may issue a credit for a replacement order of equal value. Under no circumstance will 48longstems issue a refund due to our shipping carrier's failure or inability to deliver flowers on a promised day. If our shipping carrier losses a package, 48longstems will send a replacement order or provide the customer with a credit of equal value for future orders.
Terms of Accounts
During the order process, you will be asked to create an account to simplify ordering from our site in the future. Accounts with 48LongStems Site are available if you are at least 18 years of age or have a valid credit card with appropriate authority to use it. When you request Services from 48LongStems, you must provide us with valid and complete information about yourself when such information is requested by the Service. You are responsible for maintaining your account and password. By obtaining a 48LongStems Account you agree to accept responsibility for all activities that occur under your account and or password, therefore it is important to keep this information confidential. You also agree not to use our site or any content contained on our website for any illegal or inappropriate activities.
Materials Provided By 48LongStems
All materials found on 48LongStems are protected by the copyright laws of the United States. You are only allowed to use these materials in accordance with applicable law and these Terms and Conditions. All other use is prohibited. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format. Failure to follow copyright laws may result in legal action taken by the copyright holder. You agree to use the 48LongStems Site for its intended purposes in accordance with the law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.
Violating Terms and Conditions
48LongStems.com maintains the right to terminate any Membership at any time, for any reason, without notice. Members who violate these Terms may have their membership terminated and scheduled services cancelled without warning.
Information Submitted to 48LongStems
Emails From 48LongStems
48LongStems will not send unsolicited email with the exclusion of confirmation emails which contain necessary information which result from an action taken on your part. If you have opted in to receive announcements or promotions you will receive email from us; you can opt out at anytime. If you receive an email that you believe is unsolicited, please follow directions contained in all emails from 48LongStems and we will have your email address removed from future mailings.
Indemnity YOU AGREE TO INDEMNIFY AND HOLD 48LONGSTEMS, INCLUDING ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, SUPPLIERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, CLAIMS, LIABILITIES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS, OR YOUR USE OF THE 48LONGSTEMS SITE AND SERVICES, AND YOUR VIOLATION OF THE RIGHTS BY ANY THIRD PARTY, INCLUDING THE CONDUCT OF ANY OTHER PERSON ACCESSING THE 48LONGSTEMS SITE OR SERVICES BY USING YOUR ACCOUNT.
48LongStems Makes No Warranties
ANY PRODUCT OR SERVICE AVAILABLE ON THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. 48LONGSTEMS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
48LONGSTEMS MAKES NO WARRANTY THAT THE SERVICE WILL BE PROVIDED FREE OF INTERUPTIONS, IS SECURE, OR ERROR FREE, THAT THE SERVICE IS OR WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. PLEASE NOTE, ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT COULD OCCUR TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, 48LONGSTEMS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUCCESSORS WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES OF ANY KIND ARISING FROM THE USE OF THIS SITE WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM STATE TO STATE.
Laws Governing This Agreement
This Agreement will be governed in accordance with the laws of the State of Maine, without regard to its conflict of laws provisions. By using the 48LongStems Site, you agree to personal jurisdiction of the state and federal courts of the State of Maine. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions or the use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Modification of The Site and Terms and Conditions
48LongStems reserves the right to revise this Site and these Terms and Conditions at any time, for any reason, without notice, including the right to terminate 48LongStem's Services partially or entirely.
Agreement Between You and 48LongStems
These Terms encompass the entire agreement between you and 48LongStems.com and governs your use of the 48LongStem Site and services. This agreement replaces any prior agreements between you and 48LongStems. The failure of 48LongStems to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is considered to be invalid, the other portions of the agreement will remain in full force and effect.
This Site and third parties may provide links to other websites. 48LongStems has no control over such sites therefore, you agree that 48LongStems is not responsible for the availability of such external sites, and is not responsible or liable for any content, products, or other materials on or available from such sites. You also agree that 48LongStems is not responsible or liable, for any damage or loss caused by or in connection with use of such content, goods or services available through any such site or resource.
48LongStems Copyright and Trademarks
All rights to such materials are reserved to their respective copyright owners.