Terms and Conditions
Terms, Conditions and Policies
Security and Privacy
Disclaimers
Intellectual Property Rights of The Bomboniere Shop, Copyright Policy and Permitted Use
Export
Representations by You and Restrictions
Typographical Errors and Accuracy of Information
Applicable Law
Indemnity
Guarantee and Disclaimer
Limitations of Liability
Severability
Compliance with Laws
Disputes
Headings
Feedback
Terms, Condition and Policies
The following terms and conditions ("Policies") govern the use of the website located at, or linked to, the URL www.thebomboniereshop.com and the services, information, and content that may be offered on such site (the "Site"); our Affiliate Program(s) and corporate accounts; the ability to order products and receive newsletters and promotional emails; and any related links. Please read the following Policies carefully. By using our Site, you understand and expressly agree to be legally bound by these Policies and to follow these Policies and all applicable laws and regulations governing our Site. The Policies shall supersede any subsequent terms or conditions included with any purchase order, whether or not such policies are signed by The Bomboniere Shop ("we" or "us"). We reserve the right to change these Policies ons at any time, effective immediately upon posting on our Site. If you violate these Policies, we may, without notice, terminate your use of the Site, bar you from future use of the Site, cancel pending orders, and/or take appropriate legal action against you. You may print a copy of these Policies using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the "Ordering and Policies" link on our website to review the most current version of the Policies. You may use your browser to print copies of any updated Policies. By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any communications, reviews, comments, feedback, postings, materials, or other content on our Site you provide to us in connection with the Site ("User Content") if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Policies or their intent, that your conduct is disruptive, or you have violated the law or the rights of The Bomboniere Shop or another user. We also reserve the right to make changes to the Site, posted policies at any time without notice or liability.
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Security and Privacy
You can shop with confidence knowing your personal information is protected by our secure server which incorporates a SSL (Secure Server Layer). This is a reliable and very secure way to make purchases over the Internet. All of your personal information is encrypted when transmitted and will be stored in a secure environment out of reach of any third parties. Please note that any information you send to us can only be encrypted via access to our secure server. E-mail is not transmitted through SSL and is, therefore, not considered a secure form for transmitting your personal information. Please do not send us e-mails with your credit card numbers! The Bomboniere Shop will never include credit card information in any e-mail correspondence we send you. Please be assured that we respect your privacy. Any information we collect from you is for ordering purposes only. We will never disclose your name, phone number, mailing address or e-mail address without your prior authorization.
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Disclaimers
You agree that The Bomboniere Shop shall not be liablee for any direct, consequential or incidental damages arising pursuant to any aspect of your order or the content contained therein. The Bomboniere Shop reviews its policies periodically and reserves the right, at its discretion, to modify or remove portions of this Policy at any time. The Bomboniere Shop is not responsible for the content and practices of Web sites operated by third parties that link to our sites. These links are meant for the user's convenience only. Links by third party sites do not constitute sponsorship, endorsements or approval by The Bomboniere Shop of the content, policies or practices of these third party sites. From time to time. there may be information on our website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The Bomboniere Shop reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
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Intellectual Property Rights of The Bomboniere Shop, Copyright Policy and Permitted Uses
Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of The Bomboniere Shop. You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so.
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Export
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
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Representations by You and Restrictions
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; and (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, offensive, harassing, or other unacceptable material. You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through our Site. Should we learn that you are under the age of 18 we have the right to cancel your order. You also agree not to use our Site or any content contained in it for any illegal or inappropriate activities.
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Typographical Errors and Accuracy of Information
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
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Applicable Law
You agree that any legal action brought against us shall be governed by the laws of the State of Pennsylvania, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Pittsburgh, Pennsylvania. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Policies is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
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Indemnity
By using our Site, you agree to indemnify and hold The Bomboniere Shop, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content.
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Guarantee and Disclaimer
The Bomboniere Shop guarantees that you will be completely satisfied with any products ordered on the www.thebomboniereshop.com site. With respect to our guarantee, our sole and exclusive maximum liability and your sole and exclusive remedy will not be more than to refund the purchase price or to replace and deliver equivalent product items, as appropriate as soon as reasonably possible. The applicable guarantee must be brought within (15) days after delivery or we shall not be liable and you will have waived any and all related claims regarding such product items. While we endeavor to provide the most accurate, up-to-date information available, the directories and information on our site may be out of date or include omissions, inaccuracies or other errors. Our site and the materials therein are provided “as is” and “as available.” We do not promise that our site or any services offered on our site will be error-free or uninterrupted, or that the use of our site or any content, search or link on them will provide any specific result. Except for the guarantee provided above in this section, we expressly disclaim all representations, guarantees, warranties, express or implied, of any kind with respect to products sold on our site, our site’s use, including but not limited to, the implied warranties of merchant liability, fitness for a particular purpose, and title/non-infringement. No oral or written information or advice given by us or our authorized representatives shall create a warranty or in any way increase the scope of our obligations under these policies. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
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Limitations of Liability
You agree that, except as explicitly set forth herein, The Bomboniere Shop, its directors, officers, employees, representatives, successors, licensors, proprietors, licensors and suppliers shall NOT be liable for damages related to products sold or the operation, content or use of our site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenues, enjoyment, data and use, incurred by you or any third party, whether in an action in contract or tort, related to our products or your access to, and use of, our site or any other hyper-linked third party web site, even if we have been advised of or are aware of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
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Severability
If any provision of the Policies is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. The failure of The Bomboniere Shop to enforce any right or provision of these Policies shall not operate as a waiver of such right or provision.
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Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Policies or our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Policies or the Privacy Policy could be subject to criminal or civil penalties.
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Disputes
Any dispute relating in any way to your visit to The Bomboniere Shop or to products you purchase through this Site shall be submitted to confidential arbitration in Pittsburgh, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate The Bomboniere Shop’s intellectual property rights, The Bomboniere Shop may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, 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. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Policies shall be joined to an arbitration involving any other party subject to these Policies, whether through class arbitration proceedings or otherwise.
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Headings
Section titles in the Policies are for convenience and do not define, limit, or extend any provision of the Policies
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Feedback
We would love to hear from you! We are committed to providing customers with a pleasant shopping experience. We would appreciate any feedback you can provide. Please e-mail all feedback to
info@thebomboniereshop.com. Please note that feedback shall be considered non-confidential and become the property of The Bomboniere Shop. By submitting feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the feedback. We shall be free to use feedback on an unrestricted basis.
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Thank You!