Terms of Service
Welcome to the Express Flowers website. We’re glad you’re here. Our website is one of the main ways that we interact with our customers, and as such, there are legal ramifications to your use of the website and our services. These Terms of Service (hereinafter, the “Agreement”) state the terms and conditions that govern your use of this website and our other services.
1. Legally Binding Contract
The first thing you should know is that this Agreement constitutes a legally binding contract between you and Avas Flowers. Our official company name is Flower Tech Center, Inc., but we operate under the name Avas Flowers. Hereinafter, whenever we use the terms “Avas Flowers,” “We,” “Us,” or “Our,” please note that we are referring to Flower Tech Center, Inc. d/b/a Avas Flowers.
We are located in Mahwah, New Jersey, but we operate nationwide by working with local florists. We also often use FedEx and UPS for delivery, which we will cover in more detail below.
This Agreement applies to your use of this website as well as any services we provide, such as selling and delivering flowers and other products.
1. Using, accessing, or viewing this website; 2. Registering for and using an online account through this website; 3. Submitting content, such as product reviews, to us for publication; 4. Ordering or purchasing flowers, balloons, chocolates, baskets, food, and other products or the delivery of the same from us.
Please read this Agreement carefully. If you do not agree to this Agreement, you may not access or otherwise use this website or purchase products or services from us.
2. General Provisions Applicable To All Users
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on this website. Such changes shall only be effective after posting such notice.
You agree that there are no third-party beneficiaries to the Agreement.
This Agreement constitutes the entire agreement between Avas Flowers and you with respect to your use of this website and any transaction with Avas Flowers, such as the purchase of flowers or other products or services (all of which are sometimes jointly referred to as “Products” or individually as a “Product”) and this Agreement is governed by the laws of New Jersey. Any cause of action you may have with Avas Flowers, including but not limited to claims for breach of contract or relating to claims related to certain representations, must be commenced within two (2) years after the claim or cause of action arises and will be subject to mandatory arbitration. Section 17, below, requires mandatory arbitration in certain circumstances and provides that you consent to the jurisdiction and venue of the Superior Court of New Jersey for certain claims made by Avas Flowers. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Avas Flowers disclaims any and all responsibility for content contained in any third party materials provided through links from this website.
3. Using Our Website
To use, view, or access this website, you must be at least thirteen (13) years old.
When you access, view, or use this website, you agree to the terms of this Agreement.
With the exception of Google, Yahoo!, Bing, AOL, and Ask, you agree that you will not use any spider, crawler, robot, or other computer program to copy or index this website or any content contained therein in any way.
We may change, suspend, or discontinue any aspect of this website at any time, including the availability of any website feature. We may also impose limits on certain features and services or restrict your access to parts or all of this website without notice or liability.
This website may contain links and pointers to other related World Wide Web Internet sites, resources, and our affiliates. These links and pointers to third party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third party resources, or their contents. Note that such third party sites may have privacy policies different from ours. Accordingly, you access and use such third party content at your own risk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.
4. Registering For And Using An Account
To register for or use an online account with Avas Flowers, you must be at least eighteen (18) years old.
When you register for or use an online account with Avas Flowers, you agree to the terms of this Agreement.
You agree that all information you submit to us is true and correct. You further agree that you will not register for or use an account for any third person or entity.
To prevent unauthorized access or use of your account, you agree that you will keep your password confidential and not share it with any third parties. The loss, theft, or unauthorized use of your password or user ID could permit unauthorized persons to gain access to your account and your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your password, user ID, and other account information to any person or entity, you assume all risks and losses associated with such disclosure. If you permit any other person or entity to use or access your account, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person or entity.
We may at our option change the parameters for the password used to access your account without prior notice to you, and if we do so, you will be required to change your password the next time you log into your account.
5. Submitting Content To Our Website
We encourage you and all our users to submit product reviews to this website. We do not and cannot review all materials posted to this website by users, and we are not responsible for any such materials posted by users. We will not publish all material submitted to this website, so if you submit content such as a product review to us, we may decline to publish it.
By submitting content to us, you represent, warrant, and covenant that: (a) you shall not upload, post, or transmit to or distribute or otherwise publish through this website any materials which (i) restrict or inhibit any other user from using and enjoying this website, (ii) are unlawful, threatening, abusive, harassing, libelous, or defamatory, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
By posting product reviews, messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively, “Communications”) to this website or Avas Flowers, you hereby grant to Avas Flowers and its successors and assigns a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby irrevocably and forever waive all rights to any claim against Avas Flowers and its successor and assigns for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications and you hereby irrevocably release Avas Flowers and its successors and assigns from any and all such claims.
Please note that upon submission, any suggestion, idea, or proposal or other material you provide to us becomes our property without limitation or further consideration.
6. Ordering And Purchasing Flowers And Other Products
To order and purchase flowers, balloons, chocolates, baskets, food, and other products and the delivery of same (all of which are included in the definition of “Products”) from Avas Flowers, you must be at least eighteen (18) years old.
When you order or purchase the Products, you agree to the terms of this Agreement.
7. Delivery Policy
Methods of Delivery
We deliver flowers and other products in one of the following three ways:
- Personal delivery in one of our vehicles from our physical location within our direct delivery zones described below;
- Personal delivery from one of our affiliates (a local florist) outside of our direct delivery zones or even within our direct delivery zones, depending upon our ability to deliver in one of our vehicles; or
- Delivery by UPS or FedEx from our physical location or through an affiliate direct shipping for us.
Availability of Delivery
We do not make deliveries unless the combined total of the products ordered for an address is $29.99, not inclusive of service fees. 2 PM local time is typically our cut-off for Same Day Deliveries. We will make our best effort to make these deliveries the same day. Any order placed for Same Day Delivery after 2 PM local time will in most cases be delivered the following business day. On Saturday and Sunday, the cut-off is 12pm local time for Same Day Deliveries. We will make every attempt to accommodate delivery requests, however we do not guarantee deliveries for specific times. Typically during normal circumstances and seasons, deliveries are made from hours ranging from 9am-7pm local time. This delivery window may change during high-volume days or seasons.
Products that are marked as “Wholesale,” “Farm Fresh,” ”Farm-Direct”, or “delivered in a Gift Box” are offered as part of our Direct From the Farm and Warehouse Direct programs. These items are only available through delivery via UPS and FedEx - therefore they cannot be delivered the same day. All other items on our site are available for same day florist hand delivery by your local florist - subject to availability.
We do not promise or guaranty Sunday delivery. Orders placed for Sunday delivery will be scheduled for delivery the following Monday. We will make every effort to accommodate requested Sunday deliveries when possible but Sunday delivery cannot be guaranteed and failure to deliver on Sunday will not constitute a Non-Delivery or Late Delivery.
Occasionally when weather, inaccessibility to the locale or delivery address, need for special ordering, or for whatever reason Products cannot be delivered on the date requested, we may attempt to notify the sender as well as the recipient. Delays caused by factors outside of our direct control, including but not limited to events of "force majeure", road closures and traffic conditions, lack of access to a delivery address due to factors beyond our control (ie, a locked or secure property or a gated community where access is not permitted, etc.), an incorrect or insufficient address provided at the time of the order or recipient unavailability will be rescheduled for the soonest available delivery date/time and may not be refunded after the initial delivery attempt. When the need arises, we reserve the right to convert the order fulfillment from hand delivery by a local florist to our Farm-Direct fulfillment sent via UPS or FedEx in order to ensure that your arrangement is delivered in time for your occasion. Should this occur, we will make every effort to contact and notify you.
Holiday Floral Delivery
We cannot guarantee delivery on a specific date for busy floral holidays like Mother's Day, Thanksgiving, Christmas, and Valentine's Day. To maximize the likelihood of delivery on one of these busy floral holidays, please place your order at least four days in advance. Orders placed within 4 days of Valentines Day and Mother's Day DO NOT HAVE GUARANTEED DELIVERY DATES. Neither cancellations nor refunds will be issued on orders placed during the Valentines Day or Mothers Day holidays if the order was placed within 4 days of the holiday, and subsequently delivered within 4 days after the respective holiday.
Farm-Direct shipping via UPS or FedEx are now available for Saturday delivery in some areas for a surcharge of only $1.99. This delivery service is not available on Sundays.
We do not promise or guaranty delivery on Sundays. Orders placed for Sunday delivery will be scheduled for delivery on the following Monday. We will make every effort to accommodate requested Sunday deliveries when possible but Sunday delivery cannot be guaranteed.
While we can deliver to most locations in the United States, there are a few exceptions that we cannot deliver to including, but not limited to, airport terminals, cemeteries, cruise ships, post office boxes, remote locations, rural locations, or trains. If you place an order for an undeliverable location we will do our best to provide you with an alternative delivery solution(s).
Additionally, we cannot make deliveries to either Intensive Care Units (ICU) or Critical Care Units (CCU) of hospitals due to hospital policy. In the event that the intended recipient is in either the ICU or CCU, we will hold the order until they move to a regular room. We will arrange for fresh products to be delivered at that time.
In the event that there is no local florist able to make hand delivery of a Product, Avas Flowers reserves the right to substitute the Product with a Farm-Fresh product of equal or greater value.
Non Delivery/Late Delivery
With respect to all delivery policies stated in this section, in the event that no delivery attempt was made and the order was not delivered on the requested delivery date, we will offer the Customer (i) a re-delivery attempt; (ii) a credit towards the purchase of Products; or (iii) a full refund, at the Customer’s option. Non Deliveries or Late Deliveries are not inclusive of orders that are en route to be delivered on the requested delivery date as we do not guarantee delivery times. A Non-Delivery or Late Delivery means that no delivery attempt was made on the requested delivery date. When delivery on the requested delivery date is precluded by factors outside of our direct control such as events of "force majeure", road closures and traffic conditions, lack of access to a delivery address due to factors beyond our control (ie, a locked or secure property or a gated community where access is not permitted, etc.), an incorrect or insufficient address provided at the time of the order or recipient unavailability, the order will be rescheduled for the soonest available delivery date/time and may not be refunded after the initial delivery attempt.
In the event of any Partial Delivery, Avas Flowers will attempt to complete the order within two (2) business days and if Avas Flowers fails to do so, the Customer may return the Products within seven (7) business days by way of a prepaid return to obtain either a credit towards the purchase of Products or a refund, at the Customer’s option.
8. Service Fee
All items Hand Delivered by a Florist have a service fee of up to $24.95. All UPS/FedEx delivered items have a service fee of up to $28.95
If you wish to have your order delivered before 2PM local time, you can opt to have the Rush Order option with an additional charge of just $9.99. Other Rush Order fees will be based on customized requests.
Some rural locations may require an additional charge for delivery. You would be contacted by us prior to delivery in the event additional charges need to be applied to a rural delivery. If we are provided an incorrect address an additional redelivery service fee of $18.95 will be applied.
If a delivery attempt is made to an incorrect address provided by the customer or the arrangement is refused by the recipient, the order will not be refunded. We will offer a redelivery to a valid recipient or address if requested and provided by the customer.
We charge an additional International Service Fee for International orders of $27.99.
9. Sales Tax
Orders delivered to New Jersey are subject to sales tax, which we collect. You will have an opportunity to review this amount before submitting your order.
10. Substitution Policy
The flowers and Products shown online are representative of color scheme, look and feel, overall style, and value rather than a literal interpretation of the delivery. Specific containers and/or flowers will vary in some cases due to designer interpretation, availability, or need to meet our quality standards. While substitutions may be necessary, a great effort will be made to keep the same look and feel of the arrangement, using flowers and products of greater or equal value.
Minor substitutions may be made without prior consent or approval from the Customer. Some examples of minor substitutions include:
- In a single-type flower arrangement, such as an all tulip or all rose arrangement, we will make every attempt to include only the same flower color(s), but we may have to substitute with another color of the same flower.
- In mixed arrangements, we will do our best to adhere to the color scheme and may substitute individual flowers with a similar one of equal or greater value.
- In dish-gardens, blooming plants may be substituted with another type of a blooming plant, while green plants may be substituted with another type of a green plant.
- In the case of fruit or gourmet gift baskets, please keep in mind that many fruits and other products are seasonal in nature and we will only utilize the freshest available produce and gourmet items. As a result, the components to create your fruit or gourmet basket may vary based on market availability.
- Substitution of some keepsake items will be made only with another novelty keepsake item of the same nature, theme, or occasion.
Non-Conforming Merchandise and Damaged Merchandise Policy
In the event it is necessary for Avas Flowers to substitute Non-Conforming Products (products that differ in color or overall style or value) for the Products ordered, Avas Flowers will place the order on hold and notify the Customer of the substitution. While uncommon, it is unfortunately possible for some products to become damaged in transit or during the course of delivery. In the event of any Non-Conforming Products or Damaged Products, the Customer will be offered (i) a re-delivery when the product ordered becomes available; (ii) a re-delivery of a product of equal or greater value; (iii) a credit for towards the purchase of Products; or (iv) a full refund, at the Customer’s option. If Non-Conforming Products or Damaged Products have already been delivered and the Customer requests a full refund rather than a re-delivery attempt or a credit, the Customer will be entitled to a full refund upon return of the Non-Conforming Products or Damaged Products within two (2) business days by way of a prepaid return.
Unavailability of Local Florist
In the event that there is no local florist which is able to hand-deliver a Product, then Avas Flowers reserves the right to substitute a Farm Fresh product of equal or greater value. Avas Flowers will attempt to notify the Customer by phone or email (whichever is provided by the Customer) in the event it elects to substitute a Farm Fresh product due to the unavailability of a local florist.
Orders for Products may be canceled within twenty-four (24) hours after they are placed, except for orders for Same Day Delivery or Next Day Delivery, which may not be canceled.
12. Avas Flowers Satisfaction Commitment, Cancellation, Returns, And Refunds Policy
In the unlikely event you are unhappy with your product(s), please notify us within 24 hours of delivery and you may return the arrangement for a refund, request an exchange of products, or receive store credit.
To receive a refund, non-perishable products may be returned unused and in its original state within 7 days of delivery for a full refund of the cost of the item, less any service fees. Hand-delivered floral product or perishable goods may be returned in its original state within 24 hours of delivery and may be subject to a 50% restocking fee of the cost of the product.
To receive an exchange of goods, notify us within 24 hours of the issue with the delivered arrangement and we will pick up and re-deliver another product(s) of equal or greater value at no additional cost to you. We will need to be provided the opportunity to pick up the product(s) you are dissatisfied with prior to processing a redelivery.
If you have a complaint about a delivered product but do not want or cannot provide an opportunity for us to pick up the original delivered arrangement, we will provide you with a courtesy store credit for future use.
Refunds or credits given for orders that have already been delivered or have had an attempted delivery will only be for the partial or full cost of the arrangement(s), less any service, handling, or restocking fees.
13. Copyright And Trademarks
This website is protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of this website are only for your personal, non-commercial use. All materials contained on this website are protected by copyright, and are owned or controlled by Avas Flowers. You will abide by any and all additional copyright notices, information, or restrictions contained on this website. Copying or storing of any portion of this website for other than personal, noncommercial use is expressly prohibited without our prior written permission.
All tradenames, trademarks, servicemarks, trade dress, logos, designs, product names, and service names on this website are owned by Avas Flowers (the “Avas Flowers Trademarks”). You agree that you will not use the Avas Flowers Trademarks without our express permission.
14. Notice And Procedure For Making Claim Of Copyright Or Other Intellectual Property Infringement
If you believe that your copyrighted material has been improperly posted, uploaded, displayed, or published on this website, please send written notice of claimed infringement to:
Flower Tech Center, Inc.
300 Corporate Drive
Mahwah, New Jersey 07430
Telephone: (201) 877-9316
At a minimum, any written notice of claimed infringement must contain the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512(i)), we will terminate, in appropriate circumstances, the accounts of users, customers, and account holders who are repeat infringers of third party copyrights.
You hereby agree to indemnify, defend, and hold harmless Avas Flowers, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney’s fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
16. Disclaimers And Limitations Of Liability
THE PRODUCTS (FLOWERS, BALOONS, CHOCOLATES, BASKETS, FOOD, ETC.) AND THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AVAS FLOWERS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) FOR THE PRODUCTS AND/OR THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, AVAS FLOWERS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AVAS FLOWERS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVAS FLOWERS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INLCUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
UNDER NO CIRCUMSTANCES WILL AVAS FLOWERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY OTHER DAMAGES OR LOSS THAT ARISE FROM THE USE OF THE PRODUCTS OR THIS WEBSITE, EVEN IF SUCH DAMAGE IS FORSEEABLE OR YOU PROVIDE NOTICE TO AVAS FLOWERS OF SUCH DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT AVAS FLOWERS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU PAID TO AVAS FLOWERS, WHICHEVER IS GREATER.
17. Governing Law And Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of laws provisions. You agree that this Agreement is formed and executed in the State of New Jersey. You hereby consent to and agree to subject yourself to the personal jurisdiction of the courts of New Jersey. You agree and acknowledge that Avas Flowers is located in Bergen County, New Jersey, and that proper venue for any actions or disputes shall be in Bergen County, New Jersey.
Any legal claim, including but not limited to counterclaims, cross claims, third party claims, or interpleaders, between you and Avas Flowers, including claims arising out of or relating to this Agreement or the breach thereof as well as claims based on any representation by Avas Flowers (such as false advertising and fraud), and excluding defamation, product disparagement and/or intellectual property right infringement claims by Avas Flowers or its owners, officers, employees, and assigns (which claims may be brought by Avas Flowers or its owners, officers, employees or assigns in the Superior Court of New Jersey or other court having jurisdiction), shall be resolved solely by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.
All claims -- excluding any defamation, product disparagement and/or intellectual property right infringement claims brought by Avas Flowers or its owners, officers, employees, and assigns -- shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Bergen County, New Jersey. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. You agree to not to raise the defense or argument of forum non conveniens.
18. Alcohol Policy
We do not sell or deliver alcohol products.
19. California Proposition 65 Warning
California Residents: In accordance with Proposition 65, please be warned that consuming foods or beverages that have been kept or served in leaded crystal products or handling products made of leaded crystal will expose you to lead – a chemical known to the State of California to cause birth defects or other reproductive harm.