We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you.
If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to firstname.lastname@example.org, and providing us with information relating to your concern.
You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to email@example.com .
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to firstname.lastname@example.org , or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
PRICES; COLORS; AVAILABILITY
All product prices and shipping cost listed on the Site are subject to change. In the event a product (including, but not limited to, flowers, plants, floral arrangements, fruits, sweets, wine and other gift products) 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, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, 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.
Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
The availability of products and other items on the Site may change at any time, without notice.
In the event that a product is unavailable, Birthdata Pro LLC shall complete the order with the most comparable product available at equal or greater value and shall provide our customers with written notification of such substitutions. Our customers will not be charged any additional amount for such substituted products as may be selected by Birthdata Pro LLC.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation 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 decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping confirmation for that order (or the accepted portion thereof). Any order that does not get accepted but for which the customer’s credit card has been charged will have a credit issued immediately for the order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
For each product or service you order on the Site, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) at the time you submitted the order. Not withstanding the prior sentence, Birthdata Pro LLC reserves the right to change the cost of product shipping and delivery fees when and if national freight carriers such as but not limited to UPS, FedEx, USPS increase there shipping rates by greater than 2.5%, in such event, Birthdata Pro LLC will have the right to adjust the cost of shipping based on the current shipping and delivery cost in effect on the date of delivery. In the event of such a change, Birthdata Pro LLC will inform you in writing of such changes no less than 30 days from the projected date of delivery. In the event that a product cannot be delivered due to an incorrect address, you agree to be billed for any additional re-ship fee that may be charged by the carrier. We will notify you as soon as be are notified by the shipping carrier. Unless you and Birthdata Pro LLC have agreed to an alternate billing arrangement in writing signed by, Birthdata Pro LLC will automatically bill your credit card, submitted as part of the order process, on the 1st of every month for gifts ordered for that month or in the case of “Send Gifts Now” your credit card will be billed when the order is shipped. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
ADDRESS ACCURACY POLICY
Customer assumes all responsibility for accuracy of delivery addresses and will be responsible for any additional charges resulting from incorrect addresses and refused orders. Birthdata Pro, LLC agrees to assume responsibility for additional shipping charges incurred by Birthdata Pro, LLC as a result of Birthdata Pro, LLC error. When no fault errors occur, both parties agree to share the costs associated with rectification.
DATA ACCURACY POLICY
Customer assumes all responsibility for spelling contained in order. The order shall serve as the “record” and Birthdata Pro, LLC agree to not make any changes to data without the consent of the customer.
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products.
We shall automatically charge and withhold the applicable sales tax for orders delivered to addresses within Massachusetts with the exceptions of wine products. See Wine Shipment section below.
Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on Birthdata Pro LLC’s net income), on orders shipped to any other state or on orders shipped outside the United States.
SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS
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.
SHIPPING AND DELIVERY
Birthdata Pro LLC, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address. Birthdata Pro, LLC does not ship to P.O. Boxes, foreign addresses or hospitals. Deliveries to hotels are delivered to the front desk. Birthdata Pro, LLC cannot be held responsible for non-delivery to guests.
Birthdata Pro LLC shall make reasonable efforts to complete the delivery of gifts ordered by its customers but shall not be responsible for any events beyond it direct control, including, but not limited to the following:
- Flowers, plants, fruits, sweets, gift products and preserved items delivered to incorrect addresses supplied by the sender.
- Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
- Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
- Product quality problems caused by improper handling by the recipient.
- Failure by service providers engaged by Birthdata Pro LLC to act appropriately.
ORDER CANCELLATION POLICY
Birthdata Pro LLC allows orders to be cancelled up to the 15th day of the month prior to month of the requested delivery date with no cancellation fee. Thereafter, orders can be cancelled at a charge of $10 per order if cancelled between the 15th and 22nd day of the month prior to the month of the requested delivery date. Orders cannot be cancelled after the 22nd day of the month prior to the month of the requested delivery date. See table below:
|Delivery Month||No Cancellation Fee||$10 Cancellation Fee||Order Cannot be Cancelled After|
|January||12/1 – 12/15||12/16 – 12/22||12/22|
|February||1/1 – 1/15||1/16 – 1/22||1/22|
|March||2/1 – 2/15||2/16 – 2/22||2/22|
|April||3/1 – 3/15||3/16 – 3/22||3/22|
|May||4/1 – 4/15||4/16 – 4/22||4/22|
|June||5/1 – 5/15||5/16 – 5/22||5/22|
|July||6/1 – 6/15||6/16 – 6/22||6/22|
|August||7/1 – 7/15||7/16 – 7/22||7/22|
|September||8/1 – 8/15||8/16 – 8/22||8/22|
|October||9/1 – 9/15||9/16 – 9/22||9/22|
|November||10/1 – 10/15||10/16 – 10/22||10/22|
|December||11/1 – 11/15||11/16 – 11/22||11/22|
With respect to any of our products, our sole and exclusive obligation or liability and your sole and exclusive remedy will be, in our discretion, to refund the purchase price or to replace and deliver equivalent product items, as soon as reasonably possible.
The applicable claim must be brought within fourteen (14) days after delivery of the gift items, or we shall not be liable and you will have waived any and all related claims regarding such product items.
Products containing wine (“wine products”) are sold and delivered by www.Wine.com ; Birthdata Pro LLC is the marketing agent. Offer void where prohibited by law. States in which wine can be shipped are listed below:
*Local laws prevent shipping wine products to certain zip codes in Alaska, Florida, Idaho and New Hampshire.
**State regulations in New York and Connecticut prohibit wine and food from being shipped in the same package. Wine products ordered that include both food and wine will be sent in two separate packages.
***West Virginia state law prohibits shipping wines containing more than 16% alcohol.
DELIVERY OF WINE
You must be 21 years of age or older to order, purchase or receive delivery of wine products. By ordering any wine products, you swear and affirm that: a) you are 21 years of age or older; b) your purchase of wine products is intended for personal consumption and not for resale; and c) the person receiving wine products is 21 years of age or older, and will provide proof of age with valid identification and signature upon delivery.
An adult (21 years or older) must be present and a signature is required for shipments containing wine.
Wine gifts cannot be shipped to P.O. Boxes, A.P.O./F.P.O. or International addresses.
To help expedite the delivery of your gift, the recipient’s phone number is needed to allow the carrier to notify them prior to delivery.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information on our website is provided on an ”as is” and ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to email@example.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our website.
You agree that the laws of Massachusetts govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Plymouth County, Massachusetts, United State of America. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
HOW WE PROTECT YOUR PRIVACY
THE TYPE OF INFORMATION WE COLLECT FROM YOU
We may also collect any data that you provide us by posting it at our website or by e-mail. You can always choose not to provide us with information. However, if you do withhold information, we may deny you access to some or all of our website’s services and features.
Some transactions between you and our website may involve payment by credit card, debit card, checks, money orders, and/or third party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including your billing address, telephone number, and other information related to the transaction.
WHAT WE DO WITH YOUR INFORMATION
We use your information to operate our website’s business activities. For example, we may use this data to contact you about changes to our website, new services, or special offers, resolve disputes, troubleshoot issues, and enforce our website’s terms and conditions. As a general rule, we will not give your data to third parties without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs. We may, in our sole discretion, provide information about you to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.
USER NAMES AND PASSWORDS
Your access to parts of our website may be protected by a user name and a password. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.
We may use auto responders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each auto responder message. If you have difficulties opting out, you may contact us by sending an e-mail to firstname.lastname@example.org, or sending us mail to the address listed below.
The terms of this policy may change from time to time. If such changes are made, we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, please contact us (by e-mail, using a website contact form, or in writing by mail), and any changes made to this policy will not apply to information we have collected from you prior to making the changes.
If you are concerned about the topic covered by this policy, you should read it each time before you use our website. Any questions or concerns about this policy should be brought to our attention by sending an e-mail to email@example.com and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Birthdata Pro LLC DBA Gifts On Time
80 Front Street Suite 21
Scituate, MA, United States 02066