Policies

Shipping & Returns

Once your order has been placed, you will receive an email confirmation with your order number and shipping method. Please make sure your shipping address is correct as we are unable to redirect goods once they are on route.

Orders can take up to 2 business days to be processed and shipped. Please note, we do not ship and/or deliver on weekends.  All orders received after 12pm PST on Friday will be shipped the following Monday. Once your order is prepared for shipment you will receive a confirmation email with your tracking information.

Free Standard (Ground) Shipping is offered on all orders over $50 via USPS, FedEx or UPS. Shipments can take 1-10 business days, depending on location. 

Express shipping is available (2-3 business days).

Shipments may take longer during holidays. No international shipping is available at this time.

For any questions, please contact bonjour@fleurmarche.com.

Returns

Returns are accepted within 30 days of receipt. For a full refund, items must be returned unopened/unused, with tags, in their original packaging. Neither sale items nor subscription items are eligible for returns.

To return an item, please email a return request with your order number in the subject line to returns@fleurmarche.com. In your note please include the following:

  • Name
  • Date of purchase
  • Reason for return

After you reach out to us, our customer service team will respond with a return authorization (RA) number and a shipping address. All returns must be approved and have an RA number.

When preparing the return, please include the following:

  • Original invoice
  • RA number and/or return approval email

Shipping costs for online returns are the responsibility of the customer. We recommend that you use a shipping method that provides a tracking number, as we are not responsible for return shipments that aren’t delivered to our warehouse.

You will receive an email confirmation once your return has been processed. Refunds will be credited to the credit card you used in making the applicable purchase. Please allow 7-10 business days for the transaction to post.

We do not offer exchanges.

Fleur Marché Web Privacy Policy

This Privacy Policy describes how your personal information is collected, used and shared when you visit or make a purchase from www.fleurmarche.com (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies (see definition below) that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We may collect information in one or more of the following ways:

  • Through the completion of electronic forms found on the Website or on a third-party-hosted website, whether via computer or mobile device;
  • Through the completion of paper forms provided to us;
  • Through SMS (Short Message Service) or other messages sent via cell phone, or through email and other communications; By subscribing to text notifications you agree to receive recurring automated marketing messages at the phone number provided. Consent is not a condition of purchase. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply. 
  • Through telephone calls made to us, or vice versa;
  • Through surveys;
  • Through referring websites or third parties, including social media sites such as Facebook, Twitter, Tumblr, Instagram, Pinterest, YouTube, Google+ and others;
  • Through the maintenance and analysis of Website server logs;
  • Through “cookies,” which are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • Through “Log files,” which track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • Through “Web beacons,” “tags” and “pixels,” which are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, expiration dates and CVV codes), email address, and phone number.  We refer to this information as “Order Information.”

We may also collect the following information:

  • Certain non-individual specific financial or demographic profile information to be used in the aggregate, such as your age, gender, hobbies, interests, zip/postal code and/or country, called “Demographic Information.” Demographic Information is not considered Personal Information (see below) unless it is linked to personal information about a specific user;
  • Service provider name and the date, time and content of any messages sent from you to us;
  • Information provided on any application (including the App itself) or authorization, such as your location, your handset type, your UDID (unique handset code) and any other information you or your mobile device provides to us;
  • Information regarding uses of the services; and
  • Other information provided to us in any way, shape or form.

Certain portions of the Website may require that you register for an Account before being able to access them. On those portions of the Website that require registration, we may collect information to create your account, as well as to determine specific content, products and services that may be of particular interest to you. By collecting and maintaining accurate information, we learn more about your interests and needs and are better able to provide you with such content and with offers for such products and services.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

 

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:

communicate with you; screen our orders for potential risk or fraud; and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

While we do not currently use third-party services that display customized content and advertising provided by us, we may do so in the future. We may also use the information for statistical and/or marketing purposes, to improve our technologies, to provide information about our company and to deliver advertising and promotional information from our partners and third-party vendors.

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here:  https://www.shopify.com/legal/privacy.  We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or otherwise to protect our rights.

COMMUNICATIONS

Based upon the personally identifiable information that you provide to us, we may send you a welcome email. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request and to manage your Account. In addition, when you register an Account with us, you may choose to consent to our contacting you by email and to receiving our email subscriptions, editorial emails and advertorial emails (see below) from us. If, at any time, you no longer want us to contact you by email and/or receive our email subscriptions, editorial emails and advertorial emails, you may opt out of these functions by changing the preferences in your Account. You can contact customer service by email or postal mail at the contact information listed below to assist you with any such changes to your Account.

THIRD PARTY AD SERVER NETWORKS

Our Website may use third parties such as network advertisers to serve advertisements on our Website and may use traffic measurement services to analyze traffic on our Website. Network advertisers are third parties that display advertisements based on your visits to our Website and other websites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. Our Website’s third-party ad network providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies and other technologies on your computer and track certain behavioral information regarding users of your computer via an IP address or other device identifier. These third-party cookies and other technologies are set to, among other things: (a) help deliver advertisements to you in which you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third-party cookies, web beacons and other third-party technologies are governed by each third-party’s specific privacy policy, not this one.

TO OPT OUT OF THIRD-PARTY TRACKING ON OUR WEBSITE USE THE FOLLOWING TOOLS

You may opt out of the Ad Tech Network by clicking http://www.youronlinechoices.com/opt-out-interface.

If you would like to opt out of having interest-based information collected during your visits to our Website or other sites, both the National Advertising Initiative (the “NAI”) and the Digital Advertising Alliance (the “DAA”) offer opt out tools to assist you in managing your choices. Click http://www.networkadvertising.org/choices/ to visit the NAI opt out page and click http://www.aboutads.info/choices/ for the DAA opt out page.

You may wish to visit http://www.networkadvertising.org/understanding-online-advertising/ to learn more about interest-based advertising and your choices regarding having this information used by third parties and your “opt out” choices. Opting out through the DAA or the NAI only means that those DAA or NAI members will no longer be able to deliver targeted content and/or ads to you, which will affect our Website as well as other unaffiliated websites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browser is configured to reject cookies when you visit these opt out pages, or you subsequently erase your cookies, use a different computer or change web browser, your opt out choices may not, or may no longer, be effective.

OPTING OUT

If you want to be removed from our marketing list and do not want us to send you email, postal mail or other messages about our products and services, you can opt out. To do so, please send an email to customerservice@fleurmarche.com, with the word “REMOVE” in the subject line.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

MINORS

The Site is not intended for, and may not be accessed by, individuals under the age of 21.

CHANGES

We may update this Privacy Policy from time to time in order to reflect (for example) changes to our practices, or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at customerservice@fleurmarche.com.

Fleur Marché Web Terms & Conditions

TERMS OF SERVICE

OVERVIEW

This website, including any content, functionality and Services (“Website”) is operated by Fleur Marché. Throughout the Website, the terms “we”, “us” and “our” refer to Fleur Marché. Fleur Marché offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service in our sole discretion by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Fleur Marché in no way has any relationship or connection with Shopify Inc. other than utilizing its online e-commerce platform, nor do we endorse nor have any responsibility for or control over that company or its services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent and warrant that you are at least twenty-one years of age.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

All information presented through this Website is accessed “as is.” We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party in any way whatsoever for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policy which is incorporated herein and made a part of these Terms.

We have made commercially reasonable efforts to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  All warranties (if any) are limited to those offered by the manufacturers of the products.

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.  Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. For more detail, please review our Shipping & Returns Policy.   

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Shipping & Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, feedback or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you do so at your own risk you represent and warrant that you have all rights necessary to submit the Comments.  We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  Accordingly, you hereby grant to Fleur Marché a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Comments, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and/or Services.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy which is incorporated herein and made a part of these Terms. For more detail, please review our Privacy Policy. You are responsible to keep your personal information, including any user names, passwords, etc.) protected and to protect against unauthorized use of your account. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.  If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity, and you agree that you are responsible for the use of your account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or impersonate any other person or entity; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose;  (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) any activity geared towards exploiting or soliciting minors; or (m) manual or automatic methods of tracking, reverse engineering or copying any information or materials from the Website. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free or free of viruses or harmful code.

We do not warrant that the results that may be obtained from the use of the service will be accurate, complete or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. You expressly agree that your use of, or inability to use, the service is at your sole risk.

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use. To the fullest extent permitted by applicable law, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, nor that the Website, Services or products will meet your needs or expectations.

In no case shall Fleur Marché, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages of any kind, including any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or in connection with your use of the Website or any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fleur Marché and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any damages, liabilities, losses, expenses, fees claims or demands, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Website or breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date which, by their nature are meant to survive termination, shall survive the termination of this agreement for all purposes.

These Terms of Service are effective throughout your use of the Website unless terminated by us. You may terminate these Terms of Service by ceasing to use our Website; however, any future use will reactivate these Terms.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles.  To the extent the parties are permitted under this agreement to initiate litigation in a court, the parties irrevocably consent to the jurisdiction of the courts located in Los Angeles, California and agree to accept service of process by mail and waive any available jurisdictional or venue defenses.

 

In any interpretation and/or enforcement of these Terms, including without limitation, the dispute resolution provisions contained in Section 19, the Federal Arbitration Act or other applicable federal law shall only be applied to the extent that it does not conflict with or undermine California state laws and regulations applicable to the cannabis industry.  Neither party may raise any defense or objection to the rights and obligations contained in these Terms, including this agreement to arbitrate disputes, or the waivers of rights contained herein, based upon or arising from the federal illegality of cannabis or any subject matter related thereto.

SECTION 19 – ARBITRATION OF DISPUTES

PLEASE BE AWARE THAT THIS SECTION 19 CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS.  THIS SECTION 19 IS AN AGREEMENT TO ARBITRATE ALL DISPUTES WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS PROVIDED HEREIN: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.  

 

Except for actions for equitable relief arising from claims of breach of confidentiality or infringement or misuse of intellectual property rights, you agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Fleur Marché, will be resolved by binding arbitration, rather than in court.  This agreement to arbitrate disputes shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms. 

 

IF YOU AGREE TO ARBITRATION WITH FLEUR MARCHÉ, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST FLEUR MARCHÉ ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF.  INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST FLEUR MARCHÉ IN AN INDIVIDUAL ARBITRATION PROCEEDING.  IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS AGREEMENT, INCLUDING THIS AGREEMENT TO ARBITRATE DISPUTES.  In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in these Terms.

 

The Arbitration shall be initiated by either party by delivering written notice of intent to arbitrate to the other party. Arbitration of all disputes will be conducted in accordance with the then-current arbitration rules of either the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or the American Arbitration Association (“AAA”) (the applicable JAMS’s or AAA’s rules referred to as “Rules”) or its surviving successor.  The JAMS rules can be found at www.jamsadr.com. The AAA rules can be found at www.adr.org.  The Arbitration shall be held in Los Angeles County, unless the parties mutually agree to have such proceeding in some other locale within the State of California.  A single, neutral arbitrator who is selected in accordance with the Rules and who is either a retired judge or is a lawyer experienced in law applicable to the subject matter of the dispute and licensed to practice law will hear and resolve the dispute.   The arbitrator shall apply California procedural and substantive law, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California, and shall have the power to enforce the rights, remedies, duties, liabilities and obligations of discovery by the imposition of the same terms, conditions and penalties as can be imposed in like circumstances in a civil action by a court of competent jurisdiction of the State of California. The arbitrator shall have the power to grant all legal and equitable remedies provided by California law and award damages provided by California law, except that punitive damages shall not be awarded.  The arbitration award shall be final and binding upon the parties and may be enforced through an action thereon brought in the Superior Court for the State of California in Los Angeles County.  YOU AND FLEUR MARCHÉ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.  

 

You have the right to opt out of the provisions of this agreement to arbitrate by sending written notice of your decision to opt out to the contact email address designated in these terms within 30 days after first accessing the Website.  Your notice must include your name and address, your Fleur Marché username (if any), the email address you used to set up your Fleur Marché account (if you have one), and an unequivocal statement that you want to opt out of this arbitration provision.  If you opt out of arbitration, all other parts of these Terms will continue to apply to you.  Opting out of this agreement to arbitrate has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

SECTION 20 – LIMITATIONS ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at bonjour@fleurmarche.com or mailed to Fleur Marché c/o Equilibria Inc, 213 W Institute Pl STE 600, Chicago, IL 60610.

Our Commitment to Accessibility

Fleur Marché is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at (424) 317-6936 or email our team at bonjour@fleurmarche.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.