Terms and Conditions

By accepting the Hawaii Flower Lei Terms and Conditions, you agree the the following:

THE UNPREDICTABLE NATURE OF FRESH FLOWERS AND PLANTS

When you place an order with Hawaii Flower Lei, you understand and agree that if we do not have the materials needed to get your order made due to unforeseen circumstances or flower and plant supply issues beyond our control, you give us the authority to send a replacement item at our discretion.

UNFORESEEN SHIPMENT DELAYS

Once your order is shipped, you agree that Hawaii Flower Lei is not responsible for delays in shipment due to incorrect address provided by you the customer, severe weather conditions, criminal acts, labor disputes, or national or local disruptions in air or ground transportation.

If you have checked the “Release Signature” box above, which authorizes FedEx to deliver the package without requiring a recipient signature, you agree that we are not responsible for theft or damage that may occur while the package is left unattended, and you further understand that the FedEx driver will not leave the package if he or she feels it is in danger of theft or damage. Instead, they will return it to the FedEx facility, and attempt re-delivery the next business day.

PRIVACY

Please review our Privacy Policy which also governs your use of Hawaii Flower Lei Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use HawaiiFlowerLei.com, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Hawaii Flower Lei services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Hawaii Flower Lei or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Hawaii Flower Lei Service is the exclusive property of Hawaii Flower Lei and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Hawaii Flower Lei Service are trademarks or trade dress of Hawaii Flower Lei in the U.S. and other countries. Hawaii Flower Lei’s trademarks and trade dress may not be used in connection with any product or service that is not Hawaii Flower Lei’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hawaii Flower Lei. All other trademarks not owned by Hawaii Flower Lei that appear in any Hawaii Flower Lei Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hawaii Flower Lei.

YOUR ACCOUNT

You may need your own Hawaii Flower Lei account to use certain Hawaii Flower Lei Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Hawaii Flower Lei does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Hawaii Flower Lei Services only with involvement of a parent or guardian. Hawaii Flower Lei reserves the right to refuse service, terminate accounts, terminate your rights to use Hawaii Flower Lei Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Hawaii Flower Lei reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Hawaii Flower Lei a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hawaii Flower Lei and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hawaii Flower Lei for all claims resulting from content you supply. Hawaii Flower Lei has the right but not the obligation to monitor and edit or remove any activity or content. Hawaii Flower Lei takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Hawaii Flower Lei respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify us.

RISK OF LOSS

All purchases of physical items from Hawaii Flower Lei are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Hawaii Flower Lei does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Hawaii Flower Lei does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Hawaii Flower Lei attempts to be as accurate as possible. However, Hawaii Flower Lei does not warrant that product descriptions or other content of any Hawaii Flower Lei Service is accurate, complete, reliable, current, or error-free.

APP PERMISSIONS

When you use apps created by Hawaii Flower Lei you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE Hawaii Flower Lei SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Hawaii Flower Lei SERVICES ARE PROVIDED BY Hawaii Flower Lei ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Hawaii Flower Lei MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Hawaii Flower Lei SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Hawaii Flower Lei SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Hawaii Flower Lei SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, Hawaii Flower Lei DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hawaii Flower Lei DOES NOT WARRANT THAT THE Hawaii Flower Lei SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Hawaii Flower Lei SERVICES, Hawaii Flower Lei’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Hawaii Flower Lei ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Hawaii Flower Lei WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Hawaii Flower Lei SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Hawaii Flower Lei SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Hawaii Flower Lei Service, or to any products or services sold or distributed by Hawaii Flower Lei or through HawaiiFlowerLei.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Hawaii Flower Lei Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Hawaii, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hawaii Flower Lei.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your use of Hawaii Flower Lei Services. We reserve the right to make changes to our site, policies, and Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Hawaii Flower Lei

3375 Koapaka Street

Suite F245

Honolulu, HI. 96819