Terms & Conditions
Introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Penny + Clover accessible at pennyandclover.com.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Products And Pricing
All products listed on the Site (”Products”), their descriptions, and their prices are each subject to change. Penny and Clover reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Penny and Clover will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product 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 decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card, debit card, Paypal account, or other payment method is charged. If your respective payment method account has already been charged for the order and we cancel your order, we shall immediately issue a refund to your payment method account in the amount of the charge.
In the event that Company is unable to provide a replacement Product or if replacement is not requested by Customer, Company may at its sole discretion elect to issue Company account credits for the total purchase amount or refund the credit card, debit card, Paypal account, or other payment method used for purchase in the original amount of the purchase.
Orders
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us 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 modify or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address and a phone number where either you or the gift recipient can be reached. For orders that are shipped via our third-party couriers, your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a refund to your credit card, debit card, Paypal account, or other payment method in the amount charged for the cancelled portion (if your credit card, debit card, Paypal account, or other payment method has already been charged for the order) or (b) we will not charge your credit card, debit card, Paypal account, or other payment method for the cancelled portion of the order.
Payment Terms
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (”Product Price”), the delivery fees for the delivery service you select (”Delivery Fees”), and any applicable Taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (”Taxes”) not withheld by Company. All payments are non-refundable (except as expressly set forth in this Section III). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Delivery Terms & Conditions
We work with our delivery partners to ship our arrangements boxed up safely for transit via expedited delivery methods so the flowers, plant or arrangement of your choice arrives to you or your recipient fresh and ready to enjoy.
Because we work with third party delivery companies we cannot guarantee delivery times. If you are ordering for a time sensitive event we recommend selecting a delivery window prior to the day the flowers are needed.
Our shipping partners do our best to alert recipients when deliveries are made but in certain circumstances (e.g. the recipient lives in a complex with a doorperson, the delivery is made to a mailroom of an office building, etc.) the delivery driver may be unable to notify the recipient when a delivery is complete.
We always strive to exceed customer expectations, so if you have any issues at all, please let us know and we’ll make it right. While we can’t control conditions out of our control (acts of God, severe weather conditions, etc.) we try to go above and beyond to make it right when the unexpected happens. It’s our promise.
We strongly encourage recipients to be at the delivery location to receive their package(s) as flowers and plants that remain outside are more likely to have reduced quality and a shortened life.
Service Terms & Conditions
The Penny and Clover website is provided by Penny and Clover, LLC for your personal, non-commercial enjoyment, subject to the terms and conditions of use set forth here and all modifications thereto (the “Terms”), and the rules that may be revised by Penny and Clover. By using the Site, you are explicitly agreeing to these Terms. The term “Site” includes the website located at pennyandclover.com and any other online properties owned or operated by us.
We may revise these terms at any time without actual notice. All such changes to the Terms will appear on our Site, and be effective immediately. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms, please do not use this Site.
Description of Services
Penny and Clover, via the Site, provides users with the ability to purchase flower arrangements, plants, and gift products and services (“Goods,” and “Services) at a low, flat rate.
Sales Tax
Sales taxes are not included in the price of the products. We will automatically charge and withhold the applicable sales tax for orders placed through www.pennyandclover.com
Payment Options
Penny and Clover uses the industry’s leading security technology to ensure that your order will be safe and secure. Please read our Security and Privacy policies for more information.
Penny and Clover accepts Visa, MasterCard, Discover, and American Express. All orders are subject to MI sales tax. You will have an opportunity to review this amount before submitting your order.
Return Policy
- Refunds and Cancellations – Your purchase is final and nonrefundable. No Product may be returned or refunded except for Damaged Products
- Exchanges – We do not accept any Product exchanges.
- Damaged Products – If the Product arrives damaged (”Damaged Product”), Company will provide a replacement product if the original (damaged) product is returned by you and received by Company OR a photograph showing damage is received by Company within 3 days of original shipment date. Provided that Company confirms that your Product was a Damaged Product and was returned in accordance with this Agreement, your sole and exclusive remedy is that we will send a replacement Product. In the event that Company is unable to provide a replacement Product or if replacement is not requested by Customer, Company may at its sole discretion elect to refund the credit card, debit card, Paypal account, or other payment method used for purchase in the original amount of the purchase. If a replacement Product is issued, we cannot guarantee that the replacement Product will contain exactly the contents or will have the same theme as the originally provided Product.
User Account and Profile
You will need to register by creating an account with Penny and Clover in order to make a purchase from the Site. If you choose to create an account or profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique login credentials (a “User ID”). Access to the Penny and Clover Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities who’s privilege to access the Site or use the Services has previously been terminated by Penny and Clover may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Penny and Clover relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that has been issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Intellectual Property
pennyandclover.com is owned and operated by us. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on our Site, as well as the selection, assembly and arrangement thereof, and includes our current and future products and services, our Affiliate Program(s) and corporate accounts, the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Penny and Clover, Inc. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
Restrictions On Use of Material
Only if you obtain prior written consent from Penny and Clover, and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from the Site. To seek our permission, you may write to us at info@pennyandclover.com. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Site.
Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Penny and Clover, Inc., and partner entities. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Penny and Clover or relevant third party, which may own the Marks. All information and content available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Links to Third Party Sites
We do not have control over websites that Penny and Clover may link to. Our website may contain links to third party websites that are not owned, operated, or controlled by Penny and Clover. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Penny and Clover, you expressly relieve us from any and all liability arising from your use of any third party website.
SMS Text
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart reminder messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email info@pennyandclover.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as AT&T, Verizon, T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
Disclaimers of Warranty
We provide the Site and Services “as is”, “with all faults” and “as available.” We and our suppliers and partners make no express warranties or guarantees about the Site, Goods, or Services. The extent permitted by law, we and our Officers, Directors, Agents, Partners, and Vendors disclaim implied warranties that the site and services are merchantable, of satisfactory quality, accurately depicted and described, appropriate for a particular purpose or need, and non-infringing. We do not guarantee that Penny and Clover will meet your particular purpose or need, is error-free, reliable and available at all times, and without interruption. We do not make any warranties as to privacy and security other than as expressly stated in the Privacy Policy. No oral or written information or advice given by a Penny and Clover representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot, and does not attempt to, change.
Limitations of Liability
Your sole remedy for any dispute with us it to discontinue your use of Penny and Clover. In no event shall our liability, or the liability of our Officers, Directors, Agents, Partners, and Vendors, for any and all claims relating to the use of the site and services, exceed the total amount of fees that you paid us during the previous one-year period of use for the specific service of the issue. We, our Officers, Directors, Agents, Partners, and Vendors, shall not be liable for any indirect, incidental, consequential, or special damages arising from your use, or inability to use, or reliance upon our site and services. These exclusions apply to any and all claims of lost profit or goodwill, even if we knew, or should have known, of the possibility of damages. If jurisdiction does not allow the exclusion of liability for damages, in such jurisdiction, our liability, and the liability of our Officers, Directors, Agents, Partners, and Vendors, shall be limited to the extent permitted by law.
Indemnity
You agree to indemnify and hold harmless Penny and Clover, parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents and representatives of each of them, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your access to or use of the Service; (ii) your violation of the Terms of Service; (iii) the infringement by you, or any third party using your account, of any intellectual property, copyright infringement, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Penny and Clover.
Submissions to Penny and Clover and Affiliated Servers
Any information you transmit to this web site, by electronic mail or otherwise, including any data, questions, comments, suggestions, graphics or the like, is, and will be treated as, non-confidential and nonproprietary information. Any information communicated to Penny and Clover through this web site is the exclusive property of Penny and Clover. Penny and Clover is entitled to use any information submitted for any purpose, without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Penny and Clover and accepts responsibility for its accuracy, appropriateness, and legality.
Copyright Notice
We respect the intellectual property rights of others, and ask that our customers and users of our website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit notification with the following information to the Copyright Agent named below:
- Penny and Clover, LLC.
- Attn: Penny and Clover, 19500 Hall Rd, STE 100, Clinton Township, MI 48038
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
- Your username, address, telephone number, and e-mail address
- A description of the copyrighted work that you claim has been infringed
- A description of where the alleged infringing material is located
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Unsolicited Materials
In operating this site, we do not solicit, nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant Of Limited License
By communicating with us, including submitting or sending Content, a Contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us.
Electronic Communications
The communications between you and Penny and Clover uses electronic means, whether you visit the Site and send us email communication, or whether Penny and Clover posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Penny and Clover in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Penny and Clover provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. For more details, please read our Privacy Policy.
Provisions Unenforceable or Invalid
The Terms and Privacy Policy, as amended from time to time, constitute the entire Agreement (the “Agreement”) between you and Penny and Clover. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any order issued prior to termination will be honored according to its terms and conditions.
Questions And Feedback
We welcome your questions, comments, and concerns about our Terms and Conditions. Please send us any feedback or questions about an issue:
Mail:
Penny and Clover, LLC.
19500 Hall Rd
Suite 100
Clinton Township, MI 48038
Phone:
888-PENNY88
Email: