Terms & Conditions

Effective Date:  August 1, 2024

 Petals in Paradise (“Company,” “we,” or “us”) provides access to information through our website accessible at the URL https://www.petalsinparadise.com (the “Site”) and we may provide the ability to use certain functionalities of the Site or provide products and services of various kinds (the “Producs”). The Site and Services are made available to you only under the following terms and conditions (the “Terms”).

Our Privacy Policy is located at https://petalsinparadise.com/privacy-policy (“Privacy Policy”). By using the Service, you represent that you have read and consent to our Privacy Policy. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service. PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 21 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 21 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING AND UNABLE TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.

I. Access To Our Online Services And Tools

 A. User Accounts

In order to use certain features of the Site or Services, you must register for an account with us (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are entirely responsible for maintaining the confidentiality of your Account login information, including username and password, and are fully responsible for all activities that occur under your Account, whether or not authorized by you.  You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

B. Access To Features Of Online Services

Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to (a) access and use the Site and Services and (b) download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the Site as available for download (“Downloadable Tools”) (if any). The Downloadable Tools are deemed part of the “Service”. Your use of any Downloadable Tools may be subject to additional terms and conditions that accompany such Downloadable Tools.

C. General Restrictions On Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Site and the Services (including the Downloadable Tools) only for your personal, non-commercial purposes. You further agree not to combine or integrate the Site and the Services (including the Downloadable Tools) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Site and the Services (including the Downloadable Tools). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services (including the Downloadable Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services (including the Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services (including the Downloadable Tools) to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.

D. Use Of Third-party Offerings

You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.

E. Marketing Messages

If you elect to receive marketing text messages from us, either via our website or by sending an email indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional messages from us (each, a “Message”) sent through an automatic system.  These may include cart reminder messages. Message frequency varies.  This service is optional and is not a condition for purchase.  You can opt out of receiving any further Messages from us at any time by replying “STOP” to any Message you receive from us.  For help, reply “HELP” to any Message you receive from us or email hello@petalsinparadise.com.  Data obtained may be used in accordance with our Privacy Policy to contact you and to provide the services you request from us.  For more information, please read our Privacy Policy.  

F. Ownership

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service (including the Downloadable Tools), and all related intellectual property rights, other than User Content. Company and its suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary. Copyright © 2024, Petals in Paradise. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

II. User Content

A. User Content

”User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not us), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.

B. License

You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, Company’s other products and services, and Company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

C. Acceptable Use Policy

The following sets forth our ”Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

D. Enforcement

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities.

E. Other Users

Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

F. Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users.

III. Terms And Conditions Of Sale

A. Products And Pricing

All products and services listed on the Site (”Products”), their descriptions, and their prices are each subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section V). 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 decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card, debit card, Paypal account, Stripe account, Clip account or other payment method is charged. If your respective payment method account has already been charged for the order and we cancel your order, we shall immediately issue a refund to your payment method account in the amount of the charge.

In the event that we are unable to provide a replacement Product or if replacement is not requested by Customer, we may at its sole discretion elect to issue account credits for the total purchase amount or refund the credit card, debit card, Paypal account, Stripe account, Clip account or other payment method used for purchase in the original amount of the purchase.

Any earned credits to a Petals in Paradise account are non-transferable and have no cash value.  Such earned rewards expire within one year of earning them. 

By using our Site, you agree to be responsible to cover any fees that the location you selected for delivery of products and services may charge. We are not responsible of covering them and it is you obligation as a consumer to be aware of them.

B. Orders

Commitment To Follow All Directions:

For Bulk orders, you are accepting the role of florist for your event. It is your responsibility to read the instructions provided and follow directions.

It is the customer's responsibility to properly care for flowers. Petals in Paradise is not liable for products mishandled by clients. We explain in detail how to care for our flowers. We provide in-depth instructions on our Flower Care Guide that contains flower care instructions.

Accurate Event Information:

You are responsible for providing the correct information for your event, including but not limited to the date of the event, venue, function space, etc... Petals In Paradise can accommodate Wednesday-Sunday weddings only. It is not unusual for clients to provide inaccurate event dates so they can receive their flowers earlier or later than Petals In Paradise's recommendation of three days. If you provide inaccurate information to us, we will be unable to ship replacements or issue a refund (if needed) and any claims will be denied.

10% Loss Rule - Not Every Flower Will Be Perfect.

I understand not every bud will be perfect and a loss of 10% to 20% or less is normal.

Petals In Paradise guarantees the general quality and freshness of the flower shipment as a whole. All flowers require hydration after shipping, and we request that all customers immediately and carefully prep the flowers and let them hydrate for 1 hour before removing wrapping.

Flowers are a natural product and therefore demonstrate some uniqueness, including spots and variations in color. For these reasons, our guarantee does not include the natural variations and imperfections that occur. Petals In Paradise does not guarantee that every stem will be the same and free of imperfections. There may be a few stems that you do not include in your arrangements. This is part of the preparation and design process. As you prep your flowers, and trim away the leaves, stems and extra greenery, you will break or lose few stems as part of this process. This is what florists do.

Order Acceptance - When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or modify or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address and a phone number where either you or the gift recipient can be reached. For orders that are shipped via our third-party couriers, your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a refund to your credit card, debit card, Paypal account, Stripe account, Clip account or other payment method in the amount charged for the cancelled portion (if your credit card, debit card, Paypal account, Stripe account, Clip account or other payment method has already been charged for the order) or (b) we will not charge your credit card, debit card, Paypal account, or other payment method for the cancelled portion of the order.

In you wish to cancel an accepted order, you must do so at least 31 business days prior to your first scheduled delivery date. No cancellations will be accepted within 30 business days of a scheduled delivery date. There is a 70% charge to compensate Petals in Paradise for any incurred damages for all cancelled orders. To cancel an order, you can either send an email to hello@petalsinparadise.com with the subject heading CANCEL ORDER # (include your order number) in the body of the email include what you want to cancel. We will need to communicate with the person who placed the order to confirm the cancellation and we reserve the right to ask for any verification data such as name, last name, address, order number, identification documents, signature, or any other we find adequate.

Refusal of Service:

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so.

Customers who are rude, excessively demanding, or use hate speech will have their order canceled and money refunded at any time.

 C. Payment Terms

For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted 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 Company. All payments are non-refundable (except as expressly set forth in this Section III). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of five percent (5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts. 

All of our products and services are subject to taxes and fees applicable in the jurisdiction where purchase will be processed.

Payments may be processed in United States Dollars or Mexican Peso depending on the settings you choose to visit our Site.

D. Shipping Policy

We deliver within the stated areas in our location menu, which comprise areas within the Mexican State of Quintana Roo. We do not deliver to PO Boxes, hotel rooms or hospital rooms. Any delivery times provided by Company are estimates. All delivery areas are subject to change, at our discretion. Some orders that are shipped are shipped using one of our third-party couriers. The earliest delivery data available for an order is as indicated for the item on the Service. Shipping is not available for delivery on Sundays, Mondays, or major Mexican Holidays, unless otherwise indicated. Online tracking may be available at our courier’s website. We make no warranties regarding the availability of said online tracking, as it is under the control of our third-party couriers. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific time. No recipient signature is typically required for deliveries of our products. The courier may leave the package at the address whether the recipient or another person is available or not. Recipients must be at the delivery location to receive their package(s) as flowers and plants that remain outside are more likely to have reduced quality and a shortened life.

Some of our products may be protected and secured with heavy plastic straps, large metal staples, wooden rods and other sharp packaging materials. The packaging materials and the flowers themselves may have rough sharp edges and/or thorns. Use caution to protect yourself while handling the boxes, packaging materials and the flowers themselves. We can not be held responsible for damages or injuries that occurred as a result of handling our packages, products or flowers.

E. Delivery

We offer fast service delivery by courier and delivery services managed by us in select areas of Quintana Roo, Mexico. We do not deliver to PO Boxes, hotel rooms or hospital rooms. Any delivery times provided by us are estimates. All delivery areas are subject to change, at our discretion. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific time. No recipient signature is typically required for deliveries of our products. The courier may leave the package at the address whether the recipient or another person is available or not. Recipients must be at the delivery location to receive their package(s) as flowers and plants that remain outside are more likely to have reduced quality and a shortened life.

F. Return Policy

As customer, you understand you must contact Petals in Paradise IMMEDIATELY or within 24 hours of delivery or pickup if there are any issues with my order like damaged flowers, major color discrepancies, or missing bunches. We cannot issue refunds for slight color variations. You understand that no flowers can be thrown away until Petals in Paradise authorizes it in writing.

Petals In Paradise will not reimburse you for flowers purchased on your own. We will only refund or replace our own flowers, and only when a claim is made within the first 24 hours of delivery and must be accompanied with pictures. Any claims can be sent to hello@petalsinparadise.com.

Claims – Any claims submitted after the event, not within 24 hours of delivery, or without sending photos will be refused. No exceptions.

Petals In Paradise will not reimburse you for supplies purchased on your own. We will only refund or replace our own supplies, and only when a claim is made within the first 24 hours of delivery with accompanying photos. Any claims can be sent with accompanying photos to hello@petalsinparadise.com 

Refunds and Cancellations - Your purchase is final and nonrefundable. No cut flowers, foliage or preserved botanicals may be returned or refunded except for Damaged Products. Flowers are a natural product and vary in color from season to season, which is why variation in color will not be accepted as a claim to refunds and cancellations.

It is the customer's responsibility to properly care for flowers and foliage. We are not liable for products mishandled by clients. As a courtesy, we share recommendations on how to care for our products, however customers must be knowledgeable on flower care.

It is also the customer’s responsability to protect the acquired products from heat, wind, sunlight, humidity or any natural phenomenon that may alter or damage them.

As flowers are a natural product, by using our Site you accept that you understand not every bud will be perfect and a loss of 10% to 20% or less is normal in natural products. Petals In Paradise guarantees the general quality and freshness of the flower shipment as a whole. All flowers require hydration after shipping, and we request that all customers immediately and carefully prep the flowers and let them hydrate for 1 hour before removing wrapping.

Flower Substitution Policy: You understand Petals In Paradise reserves the right to make changes and substitutions. All substitutions and changes are only done as a last resort, and only when the reasons for doing so are reasonable and genuine. For example, if a certain bloom is unavailable or the flowers are below par and not in a condition to grace a wedding function, they are changed from Petals In Paradise’s side. Any substitutes will be on par with your original order. Meaning we will not substitute low cost flowers for higher cost flowers. The cost will be proportionate.

Prepaid and Gift Subscriptions are one-time transactions that cannot be cancelled or refunded.

Exchanges - We do not accept any Product exchanges.

Damaged Floral Supply Products - If the Floral Supply Product arrives damaged (”Damaged Product”), we will provide a replacement product if the original (damaged) product is returned by you and received by us OR a photograph showing damage is received by us 30 days of original shipment date.  Provided that we confirm that your Product was a Damaged Product and was returned in accordance with this Agreement, your sole and exclusive remedy is that we will send a replacement Product. In the event that we are unable to provide a replacement Product or if replacement is not requested by Customer, we may at our sole discretion elect to refund the credit card, debit card, Paypal account, Stripe account, Clip account other payment method used for purchase in the original amount of the purchase. If a replacement Product is issued, we cannot guarantee that the replacement Product will contain exactly the contents or will have the same theme as the originally provided Product.

Any Floral Supply product returned under Article 56 of the Federal Consumer Protection Law, has up to 30 days from delivery to be returned.

For all returns, the product must meet the following requirements:

The product must be new and unused, retaining the original condition it had when received by the User (including accessories, packaging, warranties, manuals, etc.).
The product must not show signs of misuse.
The product must retain its original packaging (wrapping).
The product must not be altered by the User.
You are responsible for the shipping cost of returning all items. Our original shipping and handling charges are not refundable.
Packages returned without a tracking number will not be refunded in the event they are lost during transit.
Email us at hello@petalsinparadise.com to let us know of your return. You must provide tracking when shipping your return.
All items should be unused and in brand new condition. All items should be packed well to avoid damages and returned in the original packaging.
All returns must be within 30 days of delivery.
Failure to follow these conditions will result in a reduced refund.
Allow 20 business days, after your return is received, for your refund to be processed.

G. Promotions

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order. Promotions are valid for a limited time only. We reserve the right to modify, cancel, deactivate or delete any or all promotions at any time, for any reason at our sole discretion.

H. Promo Code and Custom URL

Company may provide a discount or credit for referrals via a User promo code and associated custom URL. We may refuse to provide such discount or credit for any reason including, but not limited to, fraud, actual or expected financial hardship, or any other reason at our sole discretion. Publishing User promo code and custom URL via, but not limited to, mass messages to individuals the User does not personally know, automated systems or bots, coupon websites, or other third-party websites may constitute a breach of the Terms and result in, but not limited to, forfeiture of all acquired discounts and credits, suspension or termination of User account. Should a user abuse a promo code, custom URL, or referral through fraudulent activities such as referring oneself, creating multiple accounts or other means that constitute theft and/or fraud, we may notify the authorities, and you may be prosecuted under statutes related to fraud, or other similar laws. We reserve the right to charge any payment method on file the full retail price of all deliveries under any account deemed to be fraudulent, and these charges may include any amounts previously discounted in a previous promotion.

IV. Disclaimers, Limitations And Exclusions Of Liability

A. Limited Warranties

The service, the site (including the downloadable tools), all information, content, materials and services related to the foregoing, and the products (except as set forth in Section III. F.) are provided ”as is” and ”as available” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data. applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the site or service will be uninterrupted, error-free or virus free. The submission of any user content and the download or upload of any material through the our service and/or site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the site or services, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the site or service; and you agree to assume the security risk for any information you provide using the site or service. No representation or warranty is made that the site or services provide comprehensive or accurate information. we reserve the right to filter, modify or remove content, media, information or any other material from the site or services and from the output of the site or services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators. search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.

B. Limitation Of Liability

Use of our service, the site (including any downloadable tools), and/or the products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these terms, the service, the site, or the products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible. In no event will our aggregate liability to you for any and all claims arising in connection with these terms, the service, the site, or the products exceed the greater of (1) fifty dollars (U.S. $50.00) or (2) the amounts you have paid to company in the prior 6 months hereunder. You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the site, the service (including any downloadable tools), and the products to you, and we would not provide the site or service or products to you without this limitation.

C. Exclusions

The limitations or exclusions of warranties and liability contained in these terms do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in these terms shall apply to customer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where customer is located. If applicable law requires any warranties with respect to the product, all such warranties are limited in duration to ninety (90) days from the date of delivery. Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

D. Indemnification

You agree to indemnify, hold harmless and, at our option, defend our company (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any violation of these terms or applicable law or your user content.

V. Term and Termination

These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons) (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site or contacting us hello@petalsinparadise.com. If we have suspended or terminated these Terms, your Account, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription to the Service (if any). You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of Sections I. C., I. D., I. E., II, III. A., IV, VI, and VII will survive the termination of these Terms.

VI. Copyright Policy

Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (must be provided to our designated Copyright Agent:

Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our services that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. The designated Copyright Agent for Company can be contacted at the following: Address of Agent: hello@petalsinparadise.com

VII. Binding Arbitration and Class Action Waiver

These terms are governed by the Law of the United Mexican States. Any controversy or claim arising out of or relating to the service or these terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the applicable commercial arbitration rules. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Mexican law. You agree not to participate in a class, representative, or private attorney general action against us in court or arbitration. Further, you may not bring claims against us on behalf of any other account holder or user of the service not on your account. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

VIII. Miscellaneous Matters

A. Modifications To Terms

We may change these Terms from time to time. If you purchase a Product, it is your responsibility to review these Terms periodically on the Site, and if at any time you find these Terms unacceptable, you must immediately cancel your order. (Prepaid or Gift Subscription payments will not be refunded in this or any other case). Your continued payment for a Product after any such changes constitutes your acceptance of any new Terms. New Terms will only apply proactively to products or subscriptions purchased after the date we post the new Terms.

B. Modifications To Services

We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Subscription for a pro-rata refund of any amounts you have pre-paid for the Subscription (if any), or not renew the Subscription (if applicable). Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth in Section V.

C. General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services (including the Downloadable Tools) and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. 