By using any one of our Sites, you understand and expressly agree to be legally bound by these Terms and Conditions and our Privacy Policy and to follow these Terms and Conditions and all applicable laws and regulations governing our Sites. The Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Buddy Gift, LLC ("Buddy Gift," "we" or "us"). We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Sites. If you violate these Terms and Conditions, we may terminate your use of the Sites, bar you from future use of the Sites, and/or take appropriate legal action against you.

 

 

 

Each of our Sites is owned and operated by us. Unless otherwise specified, all materials appearing on our Sites, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Buddy Gift, LLC and/or its suppliers , © 1998-2007, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Buddy Gift, LLC or our respective content providers. The content and software on our Sites is the property of Buddy Gift, LLC and/or its suppliers and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of any of our Sites only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from any of our Sites in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on any one of our Sites you may contact us at info@buddygift.com. All rights not expressly granted herein are reserved.

 

We post legal notices and various credits on pages of each of our Sites. If you duplicate, publish or otherwise distribute material on any of our Sites, you may not remove these notices or credits or any additional information accompanying such notices and credits.

 

The absence of a trademark, trade name or service mark does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at info@buddygift.com

 

 

You agree that you are only authorized to visit, view and to retain a copy of pages of the Sites for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Sites for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so. The content and software on the Sites are the property of Buddygift and/or its suppliers and is protected by U.S. and international copyright laws.

 

 

We may terminate the privileges of any user who uses the Sites unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to the Sites, you warrant that the information does not infringe the copyrights or other rights of third parties.

 

 

By visiting any of the Sites, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Sites or for inclusion on the Sites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

 

 

During the registration process you will be asked to select a unique password for access to certain portions of the Sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Buddy Gift, LLC, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at info@buddygift.com of any potential unauthorized use(s) of your account, or breach of security.

 

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Provide Commerce in its sole discretion deems offensive.

 

In the event a product (including, but not limited to, flowers, plants, floral arrangements, fruits and meat 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 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.

 

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.

 

Since at the time of order processing we can’t know when or if a recipient will accept a gift, the particular item may be unavailable or not available at the original price at the time of acceptance.  In such cases we will make an effort to find a suitable alternative product at an equal value.

 

We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York State. Since we don’t know the delivery address at the time of order processing this will result in an increase in the amount we charge to your account.  By completing your order you agree that if the delivery address of your recipient is in New York State that we will increase the amount of your payment by the applicable sales tax.  Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. Notwithstanding the foregoing, sales tax will not be applicable with respect to orders on uncooked meat products.

 

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.

 

Each of our Sites may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using any one of our Sites to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to a third party site. However, if you have a problem with a link from any one of our Sites, please notify us at mailto:info@buddygift.com. We will investigate the link and take appropriate action.

 

By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to one or more of our Sites and to any services offered on our Sites, and may remove any content on any of our Sites you have provided ("User Content") if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of Buddy Gift, LLC or another user.

 

By providing User Content to us, which includes submitting or uploading content or materials for use on the Sites, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

 

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Sites and your purchase of products or services through our Sites. 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 Terms and Conditions 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 Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

 

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.

 

We respect and make efforts to protect the privacy of all users of our Sites. Our current Privacy Policy available at http://www.buddygift.com/index.php?act=viewDoc&docId=4 is incorporated herein by reference and made a part of the Terms and Conditions.

 

If you are notifying Buddy Gift, LLC of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

 

We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of Buddy Gift, LLC. 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.

 

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.

 

Delivery is be available within the Continental United States of America at the posted delivery rates.  For Shipment to Hawaii or Alaska please contact customer service via e-mail or phone  between 8 am and 9 pm Eastern Daylight Time.

Buddy Gift, LLC, in conjunction with our service providers, will attempt to deliver a product as quickly as possible.  Our service providers generally do not telephone prior to delivering packages, and we cannot guarantee the time of delivery.

Buddy Gift, LLC is not responsible for:

Free shipping offers are valid only on weekday deliveries to addresses within the Continental United States.

 

At the time an order is placed your payment method (credit/debit card or paypal account) will be authorized for the entire anticipated amount of the purchase plus a small processing fee.  The processing fee will be immediately charged and the remainder will be on credit hold for the specified days that you’ve allowed the recipient to respond.  Upon acceptance of the gift the appropriate amount will be charged to your payment method.  In the event that the gift is declined the credit hold on your funds (in excess of the processing fee) will be released.

 

Buddy Gift, LLC does not allow orders to be edited or cancelled within forty-eight (48) hours of the requested delivery date, once they’ve been accepted, or within the seven (7) days prior to Thanksgiving, Christmas, Valentine's Day or Mother's Day, because of our extremely high volume of orders during these times. 

 

Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.

 

BUDDY GIFT, LLC GUARANTEES THAT (A) ITS FLOWERS, PLANTS, AND PRESERVED ITEMS ORDERED ON THE WWW.BUDDYGIFT.COM SITE WILL BE FRESH FOR AT LEAST SEVEN (7) DAYS AFTER DELIVERY; AND (B) YOU WILL BE COMPLETELY SATISFIED WITH ANY FRUIT PRODUCTS ORDERED ON THE WWW.BUDDYGIFT.COM, ANY CHOCOLATE OR CONFECTION PRODUCTS ORDERED ON THE WWW.BUDDYGIFT.COM SITE AND ANY MEAT OR SEAFOOD PRODUCTS ORDERED ON THE WWW.BUDDYGIFT.COM SITE. WITH RESPECT TO EITHER OF OUR GUARANTEES, OUR SOLE MAXIMUM LIABILITY 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 THIRTY (30) 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 SITES MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITES AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITES OR ANY SERVICES OFFERED ON OUR SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITES OR ANY CONTENT, SEARCH OR LINK ON THEM WILL PROVIDE ANY SPECIFIC RESULTS.

 

EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITES, OUR SITES AND OUR SITES' USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

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.

 

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, BUDDY GIFT, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITES. 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, 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 SITES 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.

 

The Sites may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

 

You agree that any legal action brought against us shall be governed by the laws of the State of New York, 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 any one of our Sites shall be an appropriate federal or state court located in Albany County, New York. We make no representations that the content in our Sites is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

 

By using any one of our Sites, you agree to indemnify and hold Buddy Gift, LLC, 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 uploading any content to such Site.

 

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

 

Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.

 

If you have any comments or questions, please do not hesitate to contact us at mailto:info@buddygift.com or at               1-888-992-8339       , or write us at:

 

Office of the President
Buddy Gift, LLC
952 Troy-Schenectady Road

Suite #122
Latham, NY  12110