ROSAHOLICS | TERMS OF USE Rosaholics

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ROSAHOLICS CORP TERM OF USE

Effective Date: October 18, 2020

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. RETURN AND REFUND POLICY

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 been processed and prepared (including but not limited to the 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 cases in which the delivery date and/or delivery address were incorrectly chosen by the customer when placing the order.


2.1.1 DELAY IN YOUR ORDER

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 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 UPS and part of their logistics process. Once the package is handed over to UPS, Rosaholics is not responsible for delays incurred by updates and/or changes to delivery instructions and/or logistics as overseen by UPS.


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

Refunds and/or exchanges will not be granted if requested 24 hours or more after the order was delivered.

Flowers always leave our farm in perfect condition. On rare occasions, damage to the product and/or packaging may occur during transport, due to flight conditions and/or delivery logistics. In these cases, to be eligible for a credit, you must send us pictures of the damaged goods the same day you received your package, including the box in which the product arrived.

Rosaholics is not responsible for products that are damaged and/or stolen after arrival or any delay with the carrier if the customer is not available at the moment of delivery.

We encourage our customers to be aware of the delivery status via the provided tracking number throughout the entire delivery 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 several business days before a resolution is reached.



2.4 EXCEPTIONS / NON-RETURNABLE ITEMS 

Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants) and/or custom products (such as special orders, “Assemble Your Own Bouquet”, or personalized items) after they have been shipped or delivered. 

We cannot accept returns on sale items or gift cards.



3. FEES AND PAYMENTS

3.1 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 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 regards 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 method 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 method 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, Venmo, 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.



3.2 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 method 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.



3.3 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.


3.4 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.

 

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