Updated November 8, 2022

Overview

This website is owned, controlled, and operated by the owner of Flor Del Soul. The terms “FDS” “we”, “us”, and “our” refer to www.ShopFDS.com . The term “Site” refers to www.ShopFDS.com. The term “user,” “you” and “your” refers to any and all site visitors. The term “Service” refers to general information about services and products, as well as general information about different areas of the law.

Use of this site, including all information, educational materials, and products presented by Flor Del Soul, is subject to the following terms of use. These terms and conditions apply to all users of the site. By using the site you agree you have read and acknowledged these terms and conditions and agree to them as stated. Flor Del Soul., may amend the Terms of Use and Privacy policy at any time. The last update was on November 8, 2022. The parties are bound by the latest version of this agreement.

Use of this Site

Materials on www.ShopFDS.com contain general information about services and products.

To access or use the site, you must be 13 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 13 are prohibited from using this site or service.

Modification of Terms

Flor Del Soul reserves the right to change the terms of use, and notices under which www.ShopFDS.com and its content is hosted. By using www.ShopFDS.com or sending our office any personal information, you agree to this policy and will be deemed bound to this policy as of the date of such use.

Flor Del Soul may at any time amend these terms and conditions. Such amendments are effective immediately upon notice to you by us posting the new terms and conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these terms and conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our terms and conditions.

Site Submissions

The user shall not upload, post or otherwise make available on the site or via email any artwork, photos or other materials  (“Materials”) protected by intellectual property laws without the express written permission of the owner of the copyright. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

Intellectual Property Rights

Flor Del Soul claims no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site. Content you submit to the Site remains yours to the extent that you have may any legal claims. However, you grant Flor Del Soul a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold Flor Del Soul harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Scope & Description of Services

Flor Del Soul endeavors to describe and display products and services as accurately as possible. While Flor Del Soul works to be as clear as possible in showcasing and providing descriptions of said products and services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.

Merchandise Returns and Exchanges Policy

We accept returns and exchanges of items purchased on www.shopfds.com if they are requested within 14 days of the date your order was shipped. 

Exchanges or Returns for Store Credit are free! The customer is responsible for any costs accrued for return shipping.

Items must be unused and in their original condition with all tags attached. We do not accept returns of fresh floral, dry floral, stickers, keychains, magnets or digital products.

Refunds 

Once your return is received, inspected and approved, your refund will be issued to the method selected in the return process. Note that refunds can take up to 7-10 business days to appear on your bank account due to varying processing times between financial organizations. Shipping fees are non-refundable and will not be included in your refund. 

To start your return, please contact info.flordelsoul@gmail.com.

Cookies

The Site uses session cookies to ensure that your computer displays www.shopfds.com effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from www.shopfds.com, you may not be able to take full advantage of its features or to receive some of the services this Site provides. Please consult our privacy policy for more information. 

Links and Email Addresses

Links posted on this website to other websites are provided only as a convenience to our clients. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Flor Del Soul. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, Flor Del Soul is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Flor Del Soul, has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Flor Del Soul’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Flor Del Soul and if no purchase has been made by you, Flor Del Soul’s cumulative liability to you shall not exceed $100.

Indemnification

You shall indemnify and hold this Site harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these terms and conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Intellectual Property owned by Flor Del Soul

The Site and Service contain intellectual property owned by Flor Del Soul including, without limitation, the Flor Del Soul logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and Flor Del Soul pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Flor Del Soul shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Info.flordelsoul@gmail.com

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of Virginia and the District of Columbia as applied to contracts that are executed and performed entirely in Virginia and the District of Columbia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Springfield, Virginia. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These terms and conditions bind and inure to the benefit of the parties’ successors and assigns. These terms and conditions are not assignable, delegable, or transferable by you, unless accepted by written consent by Flor Del Soul. Any transfer, assignment, delegation or sublicense by you is invalid.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.