Thank you for visiting the M F L O R E N S online store.
The material contained within these Terms & Conditions (“T&C”) relates to the M F L O R E N S online store and line of products, wherever they may be sold. Please read the T&C carefully as they contain important information, including limitations of liability, warranty disclaimers and dispute resolution terms.
Definitions and Application
M F L O R E N S means M F L O R E N S LLC.
M F L O R E N S owns, operates and provides the services and products available on www.mflorens.com (“Website”).
M F L O R E N S line of products, whether sold on the Website or elsewhere (“Products”).
You means the organization or individual who purchased and/or received products from the Website (or elsewhere, as relevant).
M F L O R E N S provides the services and Products available on the Website subject to the following terms and conditions.
By accessing the Website and/or using M F L O R E N S products, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by the T&C.
To submit an order for Products on the Website (“Order”), you must:
- create an account with M F L O R E N S on this Website by registering your details and creating a username and password; and
- complete and submit the online order through your M F L O R E N S
M F L O R E N S reserves the right to refuse any Order. In such case, M F L O R E N S will notify you as soon as reasonably practicable and refund any payment in full.
All purchased and sampled M F L O R E N S products are for personal and/or professional use and gifting only. By purchasing, possessing and/or using M F L O R E N S products you agree that they are not to be sold or resold. Resale in any form or any place is prohibited.
We reserve the right to refuse and/or cancel any order that you place with M F L O R E N S. M F L O R E N S reserves the sole discretion to refuse, cancel or reduce, with or without notice, any order that appears to be placed by dealers, resellers or distributors or that may result in a violation of the T&C. In such case, M F L O R E N S will notify you as soon as reasonably practicable and refund any payment in full.
M F L O R E N S reserves the right to take legal action against unauthorized and unofficial sale of goods.
M F L O R E N S will only ship to one address per order.
The shipping fee will be as provided during the checkout process by the shipping service provider.
For all orders, M F L O R E N S will use reasonable endeavors to deliver the Order to the shipping service provider within 3 working days from the date the Order was submitted by you (Monday-Friday excluding official public holidays). Subsequent transit and delivery times are contingent on the mode of shipping and delivery selected by you.
No Deliveries to PO Boxes or APO addresses.
You may be required to sign for deliveries.
Prices and Payment
All prices on the Website are in US dollars and do not include applicable sales taxes. The total cost including any applicable taxes will be displayed during checkout, once you have selected your billing and shipping address. Prices are subject to change without notice.
The amount payable to M F L O R E N S for an Order will be the total of the following amounts:
- the sum of the price of each Product and/or service ordered, as indicated on the Website at the time of submitting the Order;
- the cost of delivery per your selection;
- applicable taxes; and
- additional services requested by you.
You must pay the Order amount by one of the modes available at checkout at the time of submitting the Order.
In the event that you fail to pay the amount due for your Order, M F L O R E N S reserves the right to, among other things:
- withhold supply of the Products requested in the Order, and/or
- refuse to deal further with you.
M F L O R E N S will not be liable for any direct or indirect loss or damage to you resulting from its actions.
Where M F L O R E N S makes a Taxable Supply to you under or in connection with the T&C, and it does not include Sales Tax, M F L O R E N S is entitled under tax regulations to assess and recover from you the amount of any Sales Tax on the value of the Taxable Supply.
Return & Exchange PolicyAll sales are final.
M F L O R E N S grants you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth in this Section does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth in this Section without prejudice to any other remedy provided by applicable law.
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation there of is the property of M F L O R E N S and its partners. They are protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Website are the registered and unregistered marks of M F L O R E N S and its partners in the United States and other countries. They are protected by United States and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the Limited License Section above, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
Third Party Links
M F L O R E N S is not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by M F L O R E N S or its partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. M F L O R E N S is not responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any submission.
Limitation of Liability; Representations, Warranties, Guarantees
The Website, its content, services and Products, as well as M F L O R E N S products available elsewhere, are presented “AS IS.”
To the extent permitted by law, M F L O R E N S excludes all conditions, warranties, guarantees, representations or other terms which may apply, whether express or implied, in connection with the T&C, the Website and M F L O R E N S products, wherever they may be sold. Nothing in the T&C excludes or limits M F L O R E N S’ liability for death or personal injury arising from intentional misconduct or any other liability that cannot be excluded or limited by applicable law.
M F L O R E N S attempts to be as accurate as possible when describing the products and services on the Website and elsewhere. However, to the extent permitted by law, we do not warrant that the content relating to the products and other content available on the Website are error-free, comprehensive, complete, current, reliable and applicable to every consumer alike.
To the extent permitted by law, the information and Products available on this Website and M F L O R E N S products available elsewhere are provided on the understanding and basis that you have the sole responsibility for determining the suitability of the Products for the purposes that they are intended to be used and that you intend to use them. This may entail consulting a relevant expert prior to use to determine the risks and benefits of using any of the Products. Statements on the Website notwithstanding, you have the final decision whether the product is safe for you to use, especially as it pertains to pregnant women, individuals with sensitivities to certain ingredients and children.
Results may vary for individual consumers, M F L O R E N S makes no warranties or guarantees in this respect.
If M F L O R E N S is hindered in or prevented from performing any of its obligations for any Order due to circumstances beyond its reasonable control, M F L O R E N S will have no liability to you in respect of such non-performance and the time for performance will be extended until circumstances have normalized. In the event that M F L O R E N S deems it is no longer possible to discharge its duties, M F L O R E N S will issue a credit back to the original mode of payment.
You agree that M F L O R E N S is not responsible or liable to any user for any alleged loss or damage arising from or in connection with:
- use of or inability to use the Website;
- inaccurate or incomplete content displayed on the Website;
- data non-delivery, mis-delivery, corruption, destruction or other modification;
- computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
- loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website;
- loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation;
- business interruption;
- events beyond M F L O R E N S’ reasonable control; and/or
- any other, direct, indirect, special, incidental or consequential loss or damage not enumerated above.
Subject to the above and to the extent permitted by law, M F L O R E N S’ liability for any alleged loss or damage suffered by you personally as a result of any alleged breach of the T&C or other duty (contractual, tort or statutory) is limited to a refund or replacement of the relevant Products.
You agree to defend, indemnify and hold M F L O R E N S harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify M F L O R E N S for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
M F L O R E N S Gift Cards
An M F L O R E N S Gift Card entitles the owner to purchase products up to the nominated value at the M F L O R E N S online store within the country and currency in which the card was purchased.
The value on the card can be used for purchases in whole or in part, and on multiple occasions at the M F L O R E N S online store. Gift cards do not have an expiry date. To verify available funds at any time, please visit the Website at Check gift card balance. Each M F L O R E N S Gift Card is linked to a unique Gift Card Number and Pin to ensure its security and integrity and allow for multiple transactions online.
With respect to any dispute relating to the Website, your rights and obligations related to or under the T&C and all actions contemplated by the T&C shall be governed by the laws of the state of California as if the T&C were a contract wholly entered into and wholly performed within California.
Any dispute arising under or relating to the T&C or use of the Website shall be submitted to confidential arbitration in California. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of California, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association and California law. The arbitration shall be conducted in Los Angeles, California. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right, in our sole discretion, to change T&C at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
In the event that any provision of the T&C shall be held unenforceable or invalid by any court of competent jurisdiction, this shall not render the remaining provisions unenforceable or invalid. M F L O R E N S will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the T&C.
Last Updated: January 2019