1. Website owner, the offering, and binding of Terms

This website is owned and operated by Momoglobal Flowers, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

2. Who can use this website; what are the requirements to create an account

To use our website and/or receive our services, you must be at least 18 years of age, or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any applicable law or regulation.

 

3. Key Commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before committing to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item, and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

4. Return and Refund Policy

When a product is sold on this website, a refund policy might be provided on individual agreements.

 

5. Retention of right to change offers

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason or no reason.

 

6. Ownership of intellectual property, copyrights, and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Momoglobal Flowers, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works.

 

7. Right to suspend or cancel a user account

We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services. Notwithstanding anything contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

8. Indemnification

You agree to indemnify and hold Kaya Abe Magee, the principal of Momoglobal Flowers, LLC, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against them by any third party due to or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

9. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Kaya Abe Magee be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Kaya Abe Magee assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any personal information stored therein.

 

10. Right to change and modify Terms

We reserve the right to modify these terms occasionally at our sole discretion. Therefore, you should review these pages periodically. When we materially change the Terms, we will notify you of material changes. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

11. Promotional emails and content

You agree to receive occasional promotional messages and materials from us by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please notify us anytime. 

 

12. Preference for law and dispute resolution

These Terms, the rights and remedies provided hereunder, and all claims and disputes related hereto and/or to the services shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of New York States, U.S.A, without respect to its conflict of laws principles. All such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Cliffside Park, NJ. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

13. Customer support details & contact info

For questions and inquiries, please email: kayamagee@me.com

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(Updated on February 28, 2023)  

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