Je’La Diamond Luxe Gifts LLC (“Je’La Diamond Luxe Gifts,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our website located at https://jeladiamondluxegifts.com/ (the “Website”), and purchase products that are made available for purchase through the Website via phone or in-person (“Products”), subject to the following terms and conditions (“Terms of Service”).

By visiting our Website, and/or purchasing our Products, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and the terms and conditions of our privacy policy (the “Privacy Policy”), which are hereby incorporated into these Terms of Service and made a part hereof by reference (collectively, the “Agreement”). If you do not agree to any of the terms in the Agreement, you may not access or use the Website and/or purchase our Products.

If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website, Products, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website. By continuing to access or use the Website and/or purchasing Products after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website and/or purchasing our Products.

Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

Your use of the Website and/or purchase of our Products may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at [insert link to privacy policy]), which is hereby incorporated by reference in its entirety.

The Website is available only for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Your purchase and use of our Products will also be governed by the following terms and conditions of sale:

Product Descriptions. We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate, complete, reliable, current or error-free and we reserve the right, in our sole discretion to make changes to the Product descriptions and/or pricing at any time without notice. We reserve the right to discontinue any Products at any time. We cannot guarantee that your computer monitor’s display of any Product color will be accurate. Certain Products may be available exclusively online through the Website. These Products may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction and we may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. Any offer for any Product made on this Website is void where prohibited. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, 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 or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit or debit card account in the amount of the charge. We apologize for any inconvenience this may cause you.

Product Pricing. The price for Products available for purchase through the Website will be displayed to you on the Website in US dollars. The prices displayed include all fees and taxes, except for applicable state taxes and fees which are displayed at checkout.

Payment. When you purchase Products through the Website, by phone, or in person, you shall pay all applicable fees in connection with your purchase. We use various third-party payment processors (each, a “Third Party Payment Processor”) to process your payment and for orders placed via phone, we will send online payment links to you by email. More details on our current Third Party Payment Processors is available to you on the applicable payment screen when you make the purchase. You warrant and represent that you are the valid owner or an authorized user, of the credit card or payment account that you provide to such Third Party Payment Processor, and that all information you provide is accurate. If payment is not received from your credit card issuer or any other payment facility, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. All transactions on the Website will take place in U.S. dollars.

We reserve the right to change any of the fees that we charge including any Product pricing, or to institute new or additional fees, at any time upon notice to you.

Substitution Policy. In some instances, our photos may represent an overall theme or look and include a one-of-a-kind vase which cannot be exactly replicated. Although the actual bouquet may not precisely match the photo, its temperament will. Occasionally, substitutions of flowers and/or containers happen due to weather, seasonality, and market conditions which may affect availability. If this is the case with the gift you have selected, we will ensure that the style, theme, and color scheme of your arrangement is preserved and will only substitute items of equal or higher value. If any design elements are of major importance to your order, please include them in the florist instructions at checkout or contact us directly to ensure availability.

Deposit. A non-refundable deposit of fifty dollars ($50.00) is required to place an order. Full payment must be received at least two (2) weeks prior to the scheduled delivery date. If the delivery date is less than two (2) weeks from the date the order is placed, full payment is required at the time the order is placed. The deposit will be applied toward the total order amount. If you cancel your order after the deposit has been paid, the deposit is non-refundable. For orders placed via phone, we will create an order on your behalf and send you a payment link via email. Orders placed in person or by phone will be confirmed by email, and payment terms set forth in these Terms of Service shall apply equally to such orders.

Refund Policy. All sales are final. No refunds will be issued for any Products purchased through the Website, in person, by phone, or through our floral vending machine. If a Product arrives damaged or materially different from what was ordered (subject to the Substitution Policy above), please contact us within twenty-four (24) hours of delivery or pickup, and we will work with you to resolve the issue at our sole discretion. Any resolution may include store credit or a replacement arrangement, but no cash refunds will be provided.

Floral Vending Machine. Products purchased from our floral vending machine are sold as-is and are subject to the same terms and conditions set forth in this Agreement, including the Refund Policy and Substitution Policy. By purchasing from the vending machine, you acknowledge and agree that all sales are final, no refunds or exchanges will be provided, and the product selection available may vary. We are not responsible for any damage to Products that occurs after dispensing from the vending machine.

Delivery and Pickup Policy. We offer local delivery and delivery through third-party delivery services, including DoorDash. Delivery is available to addresses within our designated service area. Delivery fees may apply and will be displayed at checkout. For deliveries made by us or our third-party delivery partners, we will take a photograph of the delivered Product at the delivery location as proof of delivery. You agree that such photographs constitute valid evidence of delivery. If no one is available to receive the delivery in person, we may leave the Product at the delivery address at our discretion, and a photograph will serve as confirmation of delivery. We are not responsible for any damage, theft, or deterioration of Products after delivery has been confirmed by photograph. Pickup orders must be collected at the designated pickup location during the specified pickup window. Products not picked up within the designated pickup window may be forfeited, and no refund or credit will be issued for uncollected orders.

Shipping Policy. For orders that require shipping outside of our local delivery area, shipping fees, estimated delivery times, and available shipping methods will be displayed at checkout. Shipping times are estimates only and are not guaranteed. We are not responsible for delays caused by the shipping carrier, weather conditions, or other circumstances beyond our control. Risk of loss and title for shipped Products pass to you upon delivery to the shipping carrier. You are responsible for providing an accurate shipping address. We are not liable for Products delivered to an incorrect address provided by you. Perishable Products are shipped at your own risk, and we cannot guarantee the condition of perishable items upon arrival. Please inspect all shipped Products upon receipt and contact us within twenty-four (24) hours if there is an issue with your shipment.

We retain all right, title and interest in and to the Website, all software and other technology relating to any of the foregoing, and any content or materials made available through any of the foregoing, together with all intellectual property rights embodied therein (“Content”). The Content may be owned by us or our licensors, and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other intellectual property rights or laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement and the functionality of the Website. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary or legal notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content outside the Website in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Je’La Diamond Luxe Gifts (the “Je’La Diamond Luxe Gifts Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Je’La Diamond Luxe Gifts. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Je’La Diamond Luxe Gifts Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Je’La Diamond Luxe Gifts Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website, and/or purchasing the Products, you hereby agree to comply with the following guidelines:

We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Website, or any portion thereof, without notice.

In order to purchase Products through our Website, you may be required to create an account by providing current, complete and accurate information as prompted by the online account creation process and by selecting a password (collectively, the “Account Credentials”). When creating your account, you must provide true, accurate, current, and complete information. Each Account Credential can be used by only one user. You are responsible for the confidentiality and use of your Account Credentials. You will promptly inform us of any need to deactivate or change any Account Credential or of any actual or suspected unauthorized use of any Account Credential or your account, or any other breach of security relating to the account. We reserve the right to delete or change your Account Credential at any time and for any reason. You represent and warrant that the information you provide to us during the account creation and at all other times will be true, accurate, current, and complete.

We may offer subscription-based floral delivery services (each, a “Subscription”). Subscription terms, including frequency of delivery, pricing, and duration, will be presented to you at the time of enrollment and are subject to change upon notice. By enrolling in a Subscription, you authorize us to charge your designated payment method on a recurring basis at the intervals specified at enrollment. You may cancel your Subscription at any time by contacting us; however, cancellations must be received at least seventy-two (72) hours prior to the next scheduled delivery date to avoid being charged for the upcoming delivery. No refunds will be issued for Subscription deliveries that have already been processed or delivered. The Substitution Policy, Delivery and Pickup Policy, Shipping Policy, and Refund Policy set forth in these Terms of Service apply equally to all Subscription orders. We reserve the right to modify, suspend, or discontinue any Subscription offering at any time in our sole discretion.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website (collectively, the “Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Website administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

You will indemnify, defend, and hold Je’La Diamond Luxe Gifts and its shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Je’La Diamond Luxe Gifts Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Je’La Diamond Luxe Gifts Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) your misuse of the Website, Content, any Product, and/or User Generated Content; (iii) your negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of law; and/or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.

The Website is based in the United States. We make no claims concerning whether the Website, the Content and/or the User Generated Content may be viewed or be appropriate for use outside of the United States. If you access the Website, the Content, and/or the User Generated Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

In the event of a dispute arising under or relating to this Agreement, the Website, the Products, or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New Jersey for purposes of any such action by us.

The Agreement and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. The parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey, for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.

If the Agreement is terminated in accordance with the termination provision in Section 13 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. You may not assign this Agreement without our prior written consent. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.