These terms and conditions of Use & Sale govern your purchase of any product offered by UnderTheCherryBlossoms.com. Please read these Terms and Conditions of Use and Sale carefully. They contain very important information about your rights and obligations as well as limitations and exclusions that may apply to you.
By placing an order, you acknowledge that you have read, accepted and have agreed to be bound by these terms and conditions of Use & Sale, without limitation or qualifications.
These terms and conditions of Use & Sale are subject to modification without prior written notice and at any time in UnderTheCherryBlossoms.com’s sole discretion.
UnderTheCherryBlossoms.com may discontinue any product at any time without notice. The product prices displayed on this website do not include shipping and handling or sales taxes, which if applicable, will be added to your total invoice price.
Products may differ slightly in packaging type and appearance of label on product. In limited cases the product name itself may differ on the packaging you receive, however the products themselves are the same as described on the site.
We cannot accept returns for any product names which differ. If you have a question about a particular product you received please Contact Us.
- Price Errors
Our goal is a 100% error-free website. If product price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply. We will notify you if your order includes items that were incorrectly priced.
Orders are not binding upon UnderTheCherryBlossoms.com until accepted. UnderTheCherryBlossoms.com reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
UnderTheCherryBlossoms.com accepts payment via valid Visa, MasterCard, American Express, Discover. Payment, processing, and shipping is the sole responsibility of UnderTheCherryBlossoms.com. Products cannot be returned or exchanged at the related store or spa if they are ordered via UnderTheCherryBlossoms.com. Any customer issues, questions, or concerns should be addressed via our Contact page.
- Sales Tax
You are responsible for the payment of any state and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling if required by law. By law, UnderTheCherryBlossoms.com must collect sales tax for orders SHIPPED to any address within the state of Florida.
Upon receipt of payment items will be shipped via USPS to most locations. While UnderTheCherryBlossoms.com will make every reasonable effort to ship your orders as soon as payment is received, UnderTheCherryBlossoms.com is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond UnderTheCherryBlossoms.com’s reasonable control.
Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this site caused by an event outside the direct control of UnderTheCherryBlossoms.com, including without limitation, power outages or attacks on this site such as by persons known as “hackers”.
- International Shipments
Currently, UnderTheCherryBlossoms.com can only ship your order to addresses within the United States. For customers seeking to have products delivered to all other countries, please contact our customer service department through our Contact Us page.
- Shipping & Handling (S&H) Charges
UnderTheCherryBlossoms.com has a flat rate shipping fee of $5.95 for most orders. Additional S&H charges will apply to orders shipped outside the 48 contiguous states. S&H charges along with any charged Freight are non-refundable in occurrences where UnderTheCherryBlossoms.com has made no error in merchandising or shipping.
All products are sold “AS IS,” and UnderTheCherryBlossoms.com disclaims all warranties of any kind relating to the products or use thereof, express or implied, including warranties of merchantability, non-infringement, title or fitness for a particular purpose.
Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
- Return & Restocking Policy
UnderTheCherryBlossoms.com stands behind its products and will issue a refund, replacement or credit if you are not satisfied with your purchase and notify us within 10 business days of receipt of product. A Restocking Charge of 20% will apply to all items returned where UnderTheCherryBlossoms.com has made no error in merchandising or shipping.
Refunds will be made by original method of payment. All returns must arrive in its original packaging, and all freight charges for the return of goods are to be paid by the customer.
Please email email@example.com to obtain a Return Authorization (RA) before returning any product. UnderTheCherryBlossoms.com may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
- Mistaken and Damaged Shipments
UnderTheCherryBlossoms.com will replace the order and refund any applicable shipping costs if we made an error with your order. Please note any obvious damage or shortage while applying your signature at the time of delivery and make all claims for replacement or credit within 14 days of delivery.
To return any mistaken or damaged item, please email firstname.lastname@example.org to obtain a Return Authorization (RA).
For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier and/or return to UnderTheCherryBlossoms.com. UnderTheCherryBlossoms.com may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
- Limitation of Liability
To the maximum extent allowed by lay, UnderTheCherryBlossoms.com shall not be liable for any special, consequential, exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to these terms of sale, this site, the catalog, product(s) or order(s), whether such claim based on warranty, contract, tort (including negligence or strict liability) or otherwise. In no event will the collective liability of UnderTheCherryBlossoms.com exceed the amount you have paid to the company for the applicable order or product out of which liability arose.
These limitations shall apply notwithstanding any failure of essential purpose of any remedy. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
If any provision of these Terms and Conditions of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms and Conditions of Sale and the validity of the remainder of these Terms and Conditions of Sale shall not be affected thereby.
- Governing Law
These Terms of Sale shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be enforced wholly within the State of Florida.
Any dispute or disagreement arising out of these Terms and Conditions of Sale, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Tampa, Florida.
- Jurisdiction and Venue
You and UnderTheCherryBlossoms.com (collectively the “Parties;” individually a “Party”) irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms and Conditions of Sale must be brought solely and exclusively in the federal or state courts of the Florida located in the City of Orlando, Florida, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
- Waivers and Amendments
The waiver by either Party of any provision of these Terms and Conditions of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions of Sale on any other occasion or upon any other circumstances. These Terms and Conditions of Sale may be waived or amended only in a writing signed by the Parties.