Terms and Conditions

  

  

Terms and Conditions

Last updated: June 14, 2018

Please read these Terms and Conditions ("Terms", "Terms and

Conditions") carefully before using the www.thewallflowerbox.com

website (the "Service") operated by The Wallflower Box, LLC ("us",

"we", or "our").

Your access to and use of the Service is conditioned upon your

acceptance of and compliance with these Terms. These Terms apply

to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these

Terms. If you disagree with any part of the terms then you do not have

permission to access the Service.

Purchases

If you wish to purchase any product or service made available through

the Service ("Purchase"), you may be asked to supply certain

information relevant to your Purchase including, without limitation,

your credit card number, the expiration date of your credit card, your

billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any

credit card(s) or other payment method(s) in connection with any

Purchase; and that (ii) the information you supply to us is true, correct

and complete.

The service may employ the use of third party services for the

purpose of facilitating payment and the completion of Purchases. By

submitting your information, you grant us the right to provide the

information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for

reasons including but not limited to: product or service availability,

errors in the description or price of the product or service, error in your

order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an

unauthorized or illegal transaction is suspected. When you make a purchase or create an account from this service, you agree to receive marketing emails from The Wallflower Box, Cratejoy, or its partners.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the

Service. We may experience delays in updating information on the

Service and in our advertising on other web sites. The information

found on the Service may contain errors or inaccuracies and may not

be complete or current. Products or services may be mispriced,

described inaccurately, or unavailable on the Service and we cannot

guarantee the accuracy or completeness of any information found on

the Service.

We therefore reserve the right to change or update information and to

correct errors, inaccuracies, or omissions at any time without prior

notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively,

"Promotions") made available through the Service may be governed

by rules that are separate from these Terms & Conditions. If you

participate in any Promotions, please review the applicable rules as

well as our Privacy Policy. If the rules for a Promotion conflict with

these Terms and Conditions, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis

("Subscription(s)"). You will be billed in advance on a recurring and

periodic basis ("Billing Cycle"). Billing cycles are set either on a

monthly or annual basis, depending on the type of subscription plan

you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically

renew under the exact same conditions unless you cancel it or The

Wallflower Box, LLC cancels it. You may cancel your Subscription

renewal either through your online account management page or by

contacting The Wallflower Box, LLC customer support team.

A valid payment method, including credit card or PayPal, is required

to process the payment for your Subscription. You shall provide The

Wallflower Box, LLC with accurate and complete billing information

including full name, address, state, zip code, telephone number, and

a valid payment method information. By submitting such payment

information, you automatically authorize The Wallflower Box, LLC to

charge all Subscription fees incurred through your account to any

such payment instruments.

Should automatic billing fail to occur for any reason, The Wallflower

Box, LLC will issue an electronic invoice indicating that you must

proceed manually, within a certain deadline date, with the full

payment corresponding to the billing period as indicated on the

invoice. Or your card will continue to be processed for payment for up to, but not limited to, three additional times in order to keep your subscription active and updated.

Fee Changes

The Wallflower Box, LLC, in its sole discretion and at any time, may

modify the Subscription fees for the Subscriptions. Any Subscription

fee change will become effective at the end of the then-current Billing

Cycle.

The Wallflower Box, LLC will provide you with a reasonable prior

notice of any change in Subscription fees to give you an opportunity

to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change

comes into effect constitutes your agreement to pay the modified

Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by The

Wallflower Box, LLC on a case-by-case basis and granted in sole

discretion of The Wallflower Box, LLC. Dissatisfaction with the box or its contents do not constitute grounds for a refund. If items are received damaged or broken, The Wallflower Box, LLC will deliver a replacement of those item(s) if you reach out to the support team within 5 days of receiving your package and include a picture clearly displaying the damaged or broken item(s). If you request a refund for any item(s) that have been used (i.e., seal is broken, contents removed, etc.), those items will not be eligible for a refund. Any refund provided will not include the shipping fees associated with your initial order or return package.

International customers are responsible for any and all fees and/or taxes associated with the order. If you refuse your package after it has been delivered to you, The Wallflower Box, LLC’s reserves the right to maintain the package and its contents in its possession and is not required to supply a refund to you. 

Accounts

When you create an account with us, you guarantee that you are

above the age of 18, and that the information you provide us is

accurate, complete, and current at all times. Inaccurate, incomplete,

or obsolete information may result in the immediate termination of

your account on the Service.

You are responsible for maintaining the confidentiality of your account

and password, including but not limited to the restriction of access to

your computer and/or account. You agree to accept responsibility for

any and all activities or actions that occur under your account and/or

password, whether your password is with our Service or a third-party

service. You must notify us immediately upon becoming aware of any

breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity

or that is not lawfully available for use, a name or trademark that is

subject to any rights of another person or entity other than you,

without appropriate authorization. You may not use as a username

any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or

edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and

will remain the exclusive property of The Wallflower Box, LLC and its

licensors. The Service is protected by copyright, trademark, and other

laws of both the United States and foreign countries. Our trademarks

and trade dress may not be used in connection with any product or

service without the prior written consent of The Wallflower Box, LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that

are not owned or controlled by The Wallflower Box, LLC

The Wallflower Box, LLC has no control over, and assumes no

responsibility for the content, privacy policies, or practices of any third

party web sites or services. We do not warrant the offerings of any of

these entities/individuals or their websites.

You acknowledge and agree that The Wallflower Box, LLC shall not

be responsible or liable, directly or indirectly, for any damage or loss

caused or alleged to be caused by or in connection with use of or

reliance on any such content, goods or services available on or

through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy

policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the

Service immediately, without prior notice or liability, under our sole

discretion, for any reason whatsoever and without limitation, including

but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue

using the Service.

All provisions of the Terms which by their nature should survive

termination shall survive termination, including, without limitation,

ownership provisions, warranty disclaimers, indemnity and limitations

of liability.

Indemnification

You agree to defend, indemnify and hold harmless The Wallflower

Box, LLC and its licensee and licensors, and their employees,

contractors, agents, officers and directors, from and against any and

all claims, damages, obligations, losses, liabilities, costs or debt, and

expenses (including but not limited to attorney's fees), resulting from

or arising out of a) your use and access of the Service, by you or any

person using your account and password, or b) a breach of these

Terms or c) any illness, medical issue, or harm incurred by use of any of the products or contents within the package by you or any person.

Limitation Of Liability

In no event shall The Wallflower Box, LLC, nor its directors,

employees, partners, agents, suppliers, or affiliates, be liable for any

indirect, incidental, special, consequential or punitive damages,

including without limitation, loss of profits, data, use, goodwill, or other

intangible losses, resulting from (i) your access to or use of or inability

to access or use the Service; (ii) any conduct or content of any third

party on the Service; (iii) any content obtained from the Service; and

(iv) unauthorized access, use or alteration of your transmissions or

content, whether based on warranty, contract, tort (including

negligence) or any other legal theory, whether or not we have been

informed of the possibility of such damage, and even if a remedy set

forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided

on an "AS IS" and "AS AVAILABLE" basis. The Service is provided

without warranties of any kind, whether express or implied, including,

but not limited to, implied warranties of merchantability, fitness for a

particular purpose, non-infringement or course of performance.

The Wallflower Box, LLC its subsidiaries, affiliates, and its licensors

do not warrant that a) the Service will function uninterrupted, secure

or available at any particular time or location; b) any errors or defects

will be corrected; c) the Service is free of viruses or other harmful

components; or d) the results of using the Service will meet your

requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or

the exclusion or limitation of liability for consequential or incidental

damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the

laws of Kentucky, United States, without regard to its conflict of law

provisions.

Our failure to enforce any right or provision of these Terms will not be

considered a waiver of those rights. If any provision of these Terms is

held to be invalid or unenforceable by a court, the remaining

provisions of these Terms will remain in effect. These Terms

constitute the entire agreement between us regarding our Service,

and supersede and replace any prior agreements we might have had

between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these

Terms at any time. If a revision is material we will provide at least 30

days notice prior to any new terms taking effect. What constitutes a

material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions

become effective, you agree to be bound by the revised terms. If you

do not agree to the new terms, you are no longer authorized to use

the Service.

Contact Us

If you have any questions about these Terms, please contact us.