ROSAHOLICS CORP TERM OF USE

Effective Date: October 18th, 2020 / Last Update: February 27th, 2023

Welcome to https://rosaholics.com/ (the “Site”), a website dedicated to simplifying fresh flower bouquet purchases. By browsing or using the Site, Rosaholics’ social media sites, or other related applications or online services offered by Rosaholics Corp (collectively, the “Service”), purchasing any goods through the Service, or entering into any other transactions with Rosaholics Corp, you agree to the terms of use set forth herein (the “Agreement”).

This Agreement is between you and Rosaholics Corp (“Rosaholics”, “we”, “our” or “us”), and it governs your access to and use of the Service. For purposes of this Agreement, “you” and “your” means you as the user of the Service. If you use the Service on behalf of a company, organization, or other entity, then “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf.

If you do not agree to any part of this Agreement, you are not permitted to use or access the Service, purchase goods through the Service, or enter into any transactions of the Service with Rosaholics.

CONTENTS 1. AMENDMENTS AND CHANGES 2. RETURN AND REFUND POLICY    2.1 REFUND POLICY AFTER PURCHASE      2.1.1 DELAY IN YOUR ORDER      2.1.2 LATE OR MISSING REFUND   2.2 REFUND POLICY AFTER ARRIVAL   2.3 PARTIAL REFUND   2.4 EXCEPTIONS / NON-RETURNABLE ITEMS 3. FEES AND PAYMENTS   3.1 PAYMENT   3.2 SUBSCRIPTION   3.3 CANCEL SUBSCRIPTION   3.4 ORDER ACCEPTANCE/CONFIRMATION. 4. ACKNOWLEDGEMENT AND AGREEMENT

 1. AMENDMENTS AND CHANGES

Rosaholics may amend this Agreement at any time in its sole discretion by posting the amended Agreement on the Site. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you. By continuing to use the Service after any such publication, you are agreeing to be bound by the then current version of this Agreement. For your convenience, the date of the last revision is included at the top of this page. If we make changes to the Agreement that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Site. However, it is your sole responsibility to review this Agreement from time to time to view any such changes. If at any point you do not agree to any portion of the then-current version of this Agreement, you must immediately stop using the Service, cease any ordering and/or activity, and not renew any subscription service you may be using. Rosaholics may make changes to the Service at any time. You further understand that Rosaholics may discontinue or restrict your use of the Service for any reason or no reason with or without notice.

If you do not agree to any part of the Agreement, you should discontinue your use of the Service.

2. REFUND AND RETURN POLICY

Refunds will not be granted in any instance, whether the shipment is insured or uninsured, if the customer provides incorrect or misprinted information in their shipping details. Such inaccuracies may involve the recipient's name, street number, street name, city, zip code, or phone number.

2.1 REFUND POLICY AFTER PURCHASE

You may request a cancellation after placing an order with the following restrictions: If your order has not yet been prepared at the time of request for cancellation, a cancellation fee in the amount of 20% of the order’s total will apply. To cancel an order, you will need to contact us immediately and provide your full name and order number to complete the cancellation. If the order has already entered the queue for the process and preparation (including but not limited to: administrative revision, harvesting, packaging, and shipping of the roses) at the time of cancellation request, we will not be able to cancel your order nor provide a refund.

The same cancellation rules apply in cases of incorrect information provided by the customer at checkout. Rosaholics will not be held accountable, nor modify the refund/cancellation policy, for cases in which mistakes were made by the customer during the ordering process. This includes but not limited to cases in which the delivery date and/or delivery address were incorrectly chosen by the customer when placing the order.

In addition, if a change of the delivery information is requested after the package has been shipped, it will be escalated to the carrier without a guarantee that it could be processed. In cases in which the changes cannot be effective causing the information provided when the order was placed to remain intact, there will not be eligibility for a refund, cancellation, or replacement. This will apply when the changes were requested directly to the carrier by the customer, or Rosaholics request a change to the carrier inducted by the customer.

2.1.1 DELAY IN YOUR ORDER

Orders can be delayed due to logistics processes or weather conditions (out of human control). If your order has been delayed more than 1 day after the scheduled delivery date, you are eligible to apply for a refund. Rosaholics is not legally obliged to send a refund if your order has been delayed by less than 24 business hours.

Rosaholics is not responsible for the repercussions of any changes made (including but not limited to delivery instructions) by the customer once the package is held in possession by the carrier and part of their logistics process. This includes cases in which the customer requests a change of delivery address to an incorrect or non-existing one directly to the carrier, or Rosaholics request a change to the carrier inducted by the customer. Once the package is handed over to the carrier, Rosaholics is not responsible for delays incurred by updates and/or changes to delivery instructions and/or logistics as overseen by the carrier.

Rosaholics is not responsible for any delay or quality alteration of the product that may result from the additional days in transit by the carrier if the customer did not provide/or if there is missing information of the correct shipping address, and/or is not available at the moment of delivery.

2.1.2 LATE OR MISSING REFUND

Refunds may take several days (up to 14 business days) to be fully processed and reflected in your account. If you have not yet received a refund, please contact your credit card company and/or the bank associated with your order. It is common to experience long processing times before a refund is posted. Rosaholics is not responsible for refund delays resulting from your credit card company’s processing protocols.

*If you have done all of this and you still have not received your refund, please contact us at hello@rosaholics.com.

2.2 REFUND POLICY AFTER ARRIVAL

2.2.1 Orders with insurance 

If an order has been purchased with insurance (3.1), and if the items arrived damaged (quality alterations, missing or damaged accessories) the customer will have the option to file a claim within 3 days. If the items got stolen, or lost, the customer will have the option to file a claim within 7 days and choose either a refund or replacement of the order with issues. In order to access this resolution, you must send us pictures of the damaged goods the same day and up to 7 days (depending on the case) after you received your products, including the box in which the product arrived.

If the customer files a claim after the 7 permitted days (if apply), and/or does not provide the records for validation of the damages, or if there have been 3 or more claims opened within the past 3 months, the company will not be legally obliged to provide any resolution on the case, even if the insurance was purchased with their order.

2.2.2 Orders without insurance

Refunds and/or replacements will not be granted if the customer did not purchase the insurance with their orders.

Flowers always leave our farm in perfect condition. On rare occasions, damage to the product and/or packaging may occur during transport, due to weather conditions and/or logistics.

In these cases for orders without insurance, the customer is eligible for a credit or refund of a maximum of 30% of the spent amount on their order if a claim is open within the next 3 days (for quality alterations, missing or damaged accessories) and 5 days if the item got stolen or lost at the moment of delivery. In order to access a proper resolution, you must send us pictures of the damaged goods the same day and up to 3 days after you received your products, including the box in which the product arrived.

If the customer files a claim after the 5 permitted days, and/or does not provide the records for validation of the damages, the company will not be legally obliged to provide any resolution on the case.

Rosaholics is not responsible and will not provide refunds or replacements for products that are damaged and/or stolen after arrival, for lost packages, or for any delay with the carrier if the customer is not available or refuses the package at the moment of delivery.

We encourage our customers to be aware of the delivery status through the tracking number provided throughout the entire logistic process.

 

2.3 PARTIAL REFUND

There are certain situations in which only partial refunds are granted. Rosaholics reserves the right to assess the damage (as documented by customers via photographs) and determine the appropriate amount to be refunded.

If your vase was broken during transit, we ask you to send us photos of how your package arrived. For cases in which there was severe damage to the box, we may advocate on your behalf by requesting a refund from the freight company. This refund is not guaranteed. Rosaholics is not responsible for refund decisions made by the freight company, nor is Rosaholics responsible for providing any refund on behalf of the shipping company.

*The refund process may take up to 14 business days before a resolution is reached.

2.4 RETURN POLICY

The client will have up to 90 days to request a return. Rosaholics will accept returns of its products including flowers, roses, vases, and other accessories for both defective and non-defective products only when the products are brand new, and the products are uonopened in original packaging. Rosaholics will generate a return label for free. Rosaholics reserves the right to decide if the box can be returned due to product conditions.

When returning is requested, Rosaholics will charge 30% as a restocking fee. In case the client needs a refund, the estimated processing time is 7 days, however, it may take several days to be reflected in your account. It is common to experience long processing times before a refund is posted. Rosaholics is not responsible for refund delays resulting from your credit card company’s processing protocols.

2.5 EXCEPTIONS

2.5.1 SATURDAY DELIVERIES

Special Saturday delivery is not available for all zip codes, as per UPS. For these orders, delivery will be conducted on Monday and customers will be refunded for the Special Saturday Shipping Fee.

2.4.2 DELIVERY DATE MISSING OR WITH ERRORS

If a delivery date was not chosen throughout the purchase process, or if it is not available for reasons regarding the late recovery of abandoned cart or abandoned checkout, it will be automatically assigned to the next delivery date available.

3. FEES AND PAYMENTS

3.1 ADDITIONAL FEES

For each purchase at the checkout process, you will have the option to choose insurance for your order that will allow you to cover damages and lost or stolen items. This insurance is covered by the Navidium App. 

The additional fee that will be charged to your payment method will be 3% of the total amount on your order.

 

3.2 PAYMENTS

For each Product you order on the Site, you agree to pay the price applicable for the Product at the time you submit your order (”Product Price”), the delivery fees for the delivery service you select (”Delivery Fees”), and any applicable Taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on the Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (”Taxes”) not withheld by the Company.

You acknowledge and agree that all information you provide with regard to a purchase, including, without limitation, credit card, PayPal, or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (1) discontinue or limit the available quantity of any product or aspect of the Service, (2) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, and (3) refuse to allow any user to purchase a product or deliver any product to a user.

When you purchase products through the Service, you (1) agree to pay the price for such products set forth in the Service, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (2) authorize Rosaholics to charge your credit card or other payment methods for the Full Purchase Amount. Our Service may allow you to purchase products and designate them to be delivered at a future date. In such instances, you acknowledge and agree that Rosaholics may charge your credit card or other payment methods for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery of the applicable products. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

Payment can be made by credit card, debit card, or through PayPal, Apple Pay, Google Pay, Amazon Pay, ShopPay, or any other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor (including Authorize.net, Braintree, or PayPal) are solely your responsibility.

3.3 SUBSCRIPTION

If you purchase a subscription for repeated deliveries or other ongoing services (a “Service Subscription”), then you hereby authorize Rosaholics and its service providers to bill your credit card or other payment methods for the amounts and at the intervals described on our Service (or at approximately those intervals, to accommodate for holidays and other irregularities) until the end of the Service Subscription period or indefinitely if you decide to purchase an open-ended Service Subscription. In cases where your credit card expires, is canceled, is over the limit, or is otherwise declined for any reason, we will not continue to deliver bouquets or renew your Service Subscription, though we may, but are not obligated to, contact you to notify you of the issue.

When you purchase a Service Subscription, you will be able to designate the frequency of deliveries for specific products. For pre-paid services, you will be able to determine the pre-paid period of the overall subscription (e.g., weekly subscription, bi-weekly subscription, or monthly deliveries during that year).

At the expiration of the pre-paid period of your Service Subscription, your Service Subscription will automatically renew at the frequency referenced on your subscription page (or if not designated, then monthly) and you will be charged applicable subscription and delivery fees until you cancel your subscription or we terminate it.

We reserve the right to adjust pricing for any subscription in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to your Service Subscription will take effect on the next renewal date.

3.4 CANCEL SUBSCRIPTION

You can cancel or pause your subscription at any time after the completion of 3 orders. Because our subscription service is designed to make it affordable and easy for you to get roses on the regular, we can only make changes to your subscription after you have met this 3-order minimum. 

If you decide to cancel your subscription before the 3 minimum recurrent orders, there is a cancellation fee of 20% of the total amount of your order plus the difference between a regular and a subscription order.

3.5 ORDER ACCEPTANCE/CONFIRMATION

Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason. If we cancel an order after you have already been billed, then we will refund the billed amount.

4. ACKNOWLEDGEMENT AND AGREEMENT
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.