Terms and conditions

ODE A LA ROSE provides its services subject to the following terms, conditions, and provisions (the "Terms and Conditions"). By accessing, viewing, or using this Site, you indicate that you understand these Terms and Conditions and accept them as the legal equivalent of a signed, written contract, binding you to these Terms and Conditions. ODE A LA ROSE reserves the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.

The Ode a la rose Guarantee At ODE A LA ROSE, we are committed to exceptional service and products. If, for any reason, you are not completely satisfied with your gift or its delivery, please do not hesitate to contact us at [email protected]. We use only the freshest flowers available for our hand-made bouquets to ensure that you can send flowers with confidence.

Refund Policy If an order is filled and delivered on time and there is a question as to the quality of the arrangement then we will gladly replace the arrangement. To request a replacement we must be contacted within 24 hours of the delivery. Bear in mind that flowers are perishable. Proper care is required. It is the responsibility of the recipient to follow any care instructions provided. No refunds or replacements will be made for any order should the recipient or sender not notify us within 24 hours of the original service date.

If we are unable to provide you with a replacement or accommodate your delivery request, we will refund you the entire order amount.

Order Changes and Cancellations We do not allow orders to be edited or cancelled after acceptance of the order or, if earlier, within twenty-four (24) hours of the requested delivery date or within the three (3) days prior to Thanksgiving, Christmas, Valentine’s Day, Father’s Day or Mother’s Day (because of our extremely high volume of orders during these times).

Problems With an Order At ODE A LA ROSE, we make every effort to ensure that you receive excellent service. If, at any time, you experience problems with an order, please send us an email at [email protected]

Delivery Charge Delivery fee varies by product type & location - the typical delivery fee is $18 for most bouquets. Certain smaller bouquets have a less expensive fee and a select few large bouquets have a more expensive delivery charge ($25).

Delivery Policy Our products are available for same day delivery. For same day delivery your order must be placed before 3:00pm except on Saturdays where orders need to be placed before 12:00pm. Our delivery service is not available on Sundays. Before major holidays, we recommend that you place your orders at least five days in advance.

It is the customer‘s responsibility to provide us with the accurate address on which the delivery is to be made. In case of any inappropriateness in the address, we cannot be held liable and hence will not be accountable for any kind of replacement or refund request. In case the delivery does not reach you at all because of no fault of yours, we will provide replacement or compensation. You are not liable to claim anything else than the amount spent by you.

Regretfully, we are unable to guarantee time of delivery. To request a specific delivery time, please type it into the Special Instructions field during checkout. We will do our best to accommodate your preferences. 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. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery.

ODE A LA ROSE is not responsible for:

• Products delivered to incorrect addresses supplied by the sender.
• Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
• Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
• Product quality problems caused by improper handling by the recipient.

Substitution Policy It may be possible that the products (flower and vase) that are displayed on the website may not be present actually due to non-availability of some seasonal flowers or some local restrictions. However, we guarantee the number of flowers to be equal to what is stated on the site. We also guarantee that the quality of the replaced flowers/vase will be same or superior to what is displayed on the website.

Payment Options ODE A LA ROSE uses the industry's leading security technology to ensure that your order will be safe and secure. Please read our Privacy policies for more information.

Payment Inquiries

• Legal Name: ODE A LA ROSE LLC
• Legal Structure: LLC
• Address: 21-43 44th Road, Long Island City, NY, 11101
• The head office: Olivier Plusquellec
• Phone number: (646) 660-5281

Sales Taxes Sales taxes are not included in the price of the Products. We shall automatically charge and withhold the applicable sales tax for orders to be delivered toNew York.

Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on Ode a la Rose’s net income), on orders shipped to any other state or on orders shipped outside the United States.

Accounts Unless we allow “guest” purchases, you will need to establish an account with us to use certain features of the Sites (e.g., to order products and services from the Sites). During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that: I- You are the customer who registered for the services; II- That you are using the services only for permitted purposes; III- You will not select or utilize a user name of another person with intent to impersonate that person; IV- You will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; V- You will not select or utilize a user name that ODE A LA ROSE in its sole discretion deems offensive; VI- You are not a competitor of ODE A LA ROSE, or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us at [email protected] of any potential unauthorized use(s) of your account, or breach of security.

Ordering Products and Services 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 any of our Sites.

Prices; Colors; Availability All prices listed on the Sites are subject to change. In the event a product (including, but not limited to, flowers, plants, floral arrangements, fruits, sweets, and other gift products) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items on our site may change at any time, without notice.

Order Acceptance Policy 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 reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

Limitation of Liability You agree that, except as explicitly set forth herein, ODE A LA ROSE, its directors, officers, employees, representatives, successors, licensors, and suppliers shall not be liable to you or any third party for any of the following types of damages related in any way to our relationship with you (including our products, services, or site content) or third-party materials or web sites: indirect, exemplary, special, incidental, punitive or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, related to our products or your access to, and use of, our sites or any other hyper-linked third party web site, even if we have been advised of, or are aware of, the possibility of such damages.

Notwithstanding the anything to the contrary, our liability to you for any damages arising from or related in any way to our relationship with you (including our products, services, or site content), or third-party materials or web sites (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount paid to ODE A LA ROSE for the applicable transaction giving rise to the liability, or, if there is no paid transaction related to the liability, the lesser of the amounts paid by you to ODE A LA ROSE in the prior twelve (12) months and fifty dollars ($50).

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

Indemnity By using any one of our web site, you agree to indemnify and hold ODE A LA ROSE, 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 your use of such web site, including providing a link to another site or your violation of these Terms and Conditions.

Basis of Bargain The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between ODE A LA ROSE and you. ODE A LA ROSE would not be able to provide the sites (including the products, services, and site content) on an economically acceptable basis without such limitations.

Outside the United States We make no representations that the Site Content is appropriate for access outside the United States. Those who choose to access any one our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Severability If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.

How to Contact Us If you have any comments or questions, please do not hesitate to contact us at: [email protected]

Trademarks ODE A LA ROSE are trademarks of ODE A LA ROSE, LLC in the United States and other countries. ODE A LA ROSE graphics, logos, and service names are trademarks of ODE A LA ROSE, LLC. These trademarks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes the ODE A LA ROSE name. All other trademarks not owned by ODE A LA ROSE that appear on this site are the property of their respective owners.

Copyright The graphic and textual content, arrangement, and assembly of this site is the property of ODE A LA ROSE or its content suppliers and protected by U.S. and international copyright laws. Users may use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of ODE A LA ROSE, LLC or its software suppliers and is protected under U.S. and international copyright laws.

Disclaimer This site is provided by ODE A LA ROSE, LLC on an "as is" basis. ODE A LA ROSE, LLC makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products included on this site. To the full extent permissible by applicable law, ODE A LA ROSE, LLC disclaims all warranties, express and implied, including but not limited to implied warranties or merchantability and fitness for a particular purpose. ODE A LA ROSE, LLC will not be liable for any damages of any kind arising from the use of this site or the products purchased using the site, including but not limited to direct, indirect, incidental, punitive and consequential damages.

Entire Agreement These Terms and Conditions, together with ODE A LA ROSE return policy, security and privacy, substitution policy, and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and ODE A LA ROSE with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and ODE A LA ROSE with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

No joint venture, partnership, employment, or agency relationship exists between you and ODE A LA ROSE as a result of these Terms and Conditions or your use of this site. The waiver by ODE A LA ROSE of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.

Applicable Law This site is created and controlled by ODE A LA ROSE, LLC in the State of New York, USA. Accordingly, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

These Terms and Conditions provide you with a personal, revocable, nonexclusive, non transferable license to use this site conditioned on your continued compliance with these Terms and Conditions. You may use this site solely for your personal, non commercial use, and you may download a single copy of the materials from this site only for personal, non commercial home use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded.

Linking to any ODE A LA ROSE web page is prohibited absent express written permission from ODE A LA ROSE. Framing the ODE A LA ROSE com website with links, advertisements and/or other information not originating from the ODE A LA ROSE website is expressly prohibited.

Feedback We welcome all comments, feedback, information, or materials regarding our Sites (“Feedback”), which you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of ODE A LA ROSE. By submitting Feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis.