Terms of Service Agreement
Effective Date April 17, 2017
This Terms of Service Agreement (“Agreement”) is made by and between Rosanti, Inc. (“Rosanti”), and the end user (“User”). The parties, intending to be legally bound, hereby agree as follows:
1. User Acknowledgement.
BY SUBMITTING AN ORDER THROUGH THIS WEBSITE, USER REPRESENTS THAT USER HAS READ AND UNDERSTANDS THIS AGREEMENT AND EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT.
2. User Warranty.
User represents and warrants that any payment or billing information that the User provides to Rosanti is valid and accurate in all respects. User agrees to update any and all such information promptly upon a change thereto. By providing payment or billing information to Rosanti, User hereby authorizes Rosanti to charge User’s payment card or other account for the purchase price of any product ordered (each an “Order”) from the Rosanti website, as well as any fees or other charges (such as taxes) that may be due in connection with any Order which User submits to Rosanti.
3. Cancelation.
If User wishes to cancel all or a part of an Order, User shall do so at least seven (7) days before the scheduled delivery date. A cancellation fee of fifteen percent (15%) will be applied to cover any subsequent administrative expensive. Cancellation requests submitted within less than seven (7) days of the scheduled delivery date will not be accepted. To cancel an Order, User can send an email to sales@rosantiflowers.com or call Rosanti directly at 1-800-220-7183.
4. Modifications.
4.1 Changes to Order. If User wishes to modify an Order, for any reason, including without limitation changes in variety, Order size, or color, User shall do so at least seven (7) days before the scheduled delivery date. In the event any such modifications result in an increase in the price of an Order, Rosanti reserves the right to charge any difference in price. Rosanti also reserves the right to charge a change order fee resulting from any administrative costs or losses suffered by Rosanti as a result of any modification. Requests to modify an Order submitted within less than seven (7) days of the scheduled delivery date will not be accepted. To modify an Order, User can send an email to sales@rosantiflowers.com or call Rosanti directly at 1-800-220-7183.
4.2 Changes to User Address. If User changes their address before a scheduled delivery of an Order, User may request a change in delivery address by contacting Rosanti directly at sales@rosantiflowers.com or 1-800-220-7183. Any such change in delivery address shall be submitted no fewer than seven (7) days before the scheduled delivery. Requests to change the delivery address submitted within less than seven (7) days of the scheduled delivery date will not be accepted.
5. Shipping.
Rosanti currently uses FedEx and UPS as its shipping partners (“Shipping Partners”). These Shipping Partners are subject to change at any time and without notice by Rosanti. Through its Shipping Partners, Rosanti offers shipping from its international network of farms directly to the User’s specified delivery address. Once a Shipping Partner has picked up an Order from Rosanti, Rosanti is not responsible for any issues with shipping and delivery, including without limitation, early arrival, delayed delivery, or lost shipment. Any such problem with shipping or delivery shall be the responsibility of the Shipping Partner used for the Order. The User shall be responsible for addressing any such shipping or delivery issue with the Shipping Partner directly.
6. Payment Processors.
Rosanti utilizes Authorize.net and PayPal for payment processing (each a “Payment Processor”). User may review the terms and conditions and privacy policies for each Payment Processor on their respective website. Rosanti is not responsible for any payment policies, additional fees, or for any other terms and conditions of a Payment Processor. Rosanti makes no warranties as to the services provided by any Payment Processor and accepts no responsibility for payments made to a Payment Processor. The User shall be responsible for addressing any issues relating to payment with the Payment Processor directly.
7. Claims and Complaints.
If User is unsatisfied with an Order, User MUST contact Rosanti within twenty four (24) hours of the Order’s delivery at sales@rosantiflowers.com or 1-800-220-7183. User should take digital pictures of any issues with the Order, as Rosanti may those photos to verify the issue with the Order and make improvements to its process in the future. These pictures (i) must show the product in its original packaging, (ii) must show a clear view of the condition and the quality of the product, (iii) must show each product the User has a complaint with (products not shown in the pictures will deemed satisfactory), and (iv) must also include pictures of the labels on the Order’s box. Upon receipt of the pictures and a description of User’s issue with the Order, Rosanti shall determine if User is entitled to a partial or full refund. User acknowledges that claims will not be accepted if they do not comport with the requirements set forth in this section. User further acknowledges that Rosanti is under no obligation to provide a refund and that Rosanti shall only provide a refund in an amount equal to the total price of an Order.
8. Variations in Orders.
User acknowledges the unpredictable in growing flowers. User acknowledges that slight variations in the color of the final product are to be expected. User also acknowledges that for reasons outside of Rosanti’s control, such as inclement weather, may force Rosanti to substitute items in an Order to fulfill the Order.
9. Limitation of Liability.
USER UNDERSTANDS AND ACKNOWLEDGES THAT ROSANTI HAS NO RESPONSIBILITY FOR THE ACTIONS, POLICIES, OR PRACTICES OF, OR SERVICES PROVIDED BY, ANY PAYMENT PROCESSOR, SHIPPING PARTNER, OR OTHER THIRD PARTY. USER ASSUMES ALL RISKS, LOSSES AND LIABILITIES INCIDENTAL OR RELATED TO THE SERVICES OF ANY PAYMENT PROCESSOR, SHIPPING PARTNER, OR OTHER THIRD PARTY. FURTHER, USER HOLDS HARMLESS AND WAIVES ANY CLAIMS FOR ANY LOSS OR ANY OTHER DAMAGE AGAINST ROSANTI ARISING OUT OF ANY ORDER OR IN ANY WAY RELATING TO USER’S USE OF ROSANTI’S WEBSITE.
10. Rejection of Other Terms.
Rosanti hereby rejects any other terms and conditions contained in any documents, agreements, correspondence or other materials forwarded to Rosanti by the User. In the event that there is a conflict between the terms of this Agreement and any of Rosanti’s other policies, the terms hereof shall control.
11. Governing Law and Attorneys’ Fees.
The local law of the State of Washington shall govern the parties’ rights and responsibilities under this Agreement. Any lawsuit arising under this Agreement, or a breach thereof, shall be brought to the Superior Court of the State of Washington for Pierce County, and the parties hereto expressly consent to the jurisdiction of said court. In the event a lawsuit arising under this contract, or for breach thereof, is based on claims over which federal court jurisdiction is exclusive, such lawsuit may be brought in the United States District Court for the Western District of Washington of Tacoma. In the event an arbitration, suit or action is brought by any party under this Agreement to enforce or interpret any of its terms, or in any appeal therefrom or in any bankruptcy action, it is agreed that the prevailing party shall be entitled to reasonable attorneys’ fees and/or collection costs.
12. Severability.
If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Agreement and the remaining parts shall remain in force as though the valid, illegal or unenforceable portion had never been part of this Agreement.
13. Agreement Legally Binding.
User acknowledges that, but for its acceptance of these terms, Rosanti would not have fulfilled User’s Order. Accordingly, User agrees, that by submitting an Order to Rosanti, User has read the terms of this Agreement and agrees to be bound by its terms. User hereby expressly waives any argument or claim to the contrary.
14. Entire Agreement.
This Agreement constitutes the entire Agreement and understanding between the parties hereto. No part of the Agreement may be altered in any way except by written agreement signed by both parties. Any oral representation or modification of any part of this Agreement shall be of no effect.