Terms and Conditions
Last Updated – January 2, 2019
Welcome to https://www.pughs.com (the “Website”). Pugh’s Flowers is pleased to serve you under these terms and conditions of use, as amended from time to time (“Terms”). Pugh’s Flowers provides services to you subject to the following conditions. If you visit our flower shop at the “Website”, you accept these conditions. Please read them carefully. In addition, when you use any current or future service, business or contest you also will be subject to the guidelines, rules, terms, conditions, and agreements (“Conditions”) applicable to such service, business, or contest. If these Terms are inconsistent with such Conditions, the Conditions will control.
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. DO NOT USE THE WEBSITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE TO THE TERMS PRESENTED HERE.
1. Who We Are: Pugh’s Flowers is a second generation, family owned and operated floral design firm. We have been in business since 1976. We operate 4 floral design centers. In Memphis, we have locations at 2435 Whitten Road, Memphis, Tennessee 38133, another at 1882 Union Avenue, Memphis, Tennessee 38103, and a third at 5645 Popular Avenue, Memphis, Tennessee 38119. Our fourth location is in Southaven, Mississippi at 3074 Goodman Road, Suite 14, Southaven, MS 38672. Our primary contact phone number is (901) 363-6233. Send written communications via our contact request form on the Website. That URL is (https://www.pughs.com/customerServiceForm.cfm?typID=1). Pugh’s Flowers is a corporation formed under Tennessee State law, U.S.A. We do not charge for use of our Website. In the event a particular Website activity requires a charge, that charge will be disclosed in connection with that specific activity.
3. Your Account: If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products and services sold through this Website can be purchased with a credit card or other permitted payment method. Pugh’s Flowers takes special care to protect the safety and privacy of children. All of the Websites we operate are general audience sites. We do not permit anyone under the age of 13 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 13 without their parent’s consent. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.
4. Right of Refusal: We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
5. Electronic Communications: When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. License and Website Access: Pugh’s Flowers grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it. This license does not include: (a) any resale or commercial use of this Website or its contents; (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of this Website or its contents; (d) any downloading or copying of account information for the benefit of another merchant; (e) or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without the express written consent of Pugh’s Flowers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pugh’s Flowers without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Pugh’s Flowers, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Pugh’s Flowers logo or other proprietary graphic or trademark as part of the link without express written permission.
7. Comments, Reviews, Communications, and Other Content: Visitors may post reviews, comments, photos, and other content; send e-cards/e-mail and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pugh’s Flowers reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Pugh’s Flowers a nonexclusive, royalty-free, perpetual, irrevocable, and a right to sub-license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pugh’s Flowers and our sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pugh’s Flowers for all claims resulting from content you supply. Pugh’s Flowers has the right but not the obligation to monitor and edit or remove any activity or content. Pugh’s Flowers takes no responsibility and assumes no liability for any content posted by you or any third party.
8. Copyright: All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pugh’s Flowers or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Pugh’s Flowers and protected by U.S. and international copyright laws. All software used on this Website is the property of Pugh’s Flowers or its software suppliers and protected by United States and international copyright laws.
9. Trademarks: ©2019 Pugh’s Flowers. All rights reserved.
10. Patents: Portions of this Website operate under license of one or more patents. You are not granted or licensed any rights whatsoever in or to such patents.
11. Copyright Complaints: We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes infringement, please provide Pugh’s Flowers copyright agent the following written information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Website; Your address, telephone number, and e-mail address; 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; 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. Please note that this procedure is exclusively for notifying Pugh’s Flowers that your copyrighted material has been infringed.
12. Product Descriptions: Pugh’s Flowers and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. 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 refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
13. Pricing: Except where noted otherwise, the price displayed for products on our Website (“List Price”) represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Despite our best efforts, a small number of the items may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Many products displayed on our Website are also available in our retail stores while supplies last, but you should not assume that what you see on the Website can always be seen in our stores. Also, prices displayed on the Website might be different than in the stores or from store advertised prices.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY FLOWERS AND COMPANY TUCSON, ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLOWERS AND COMPANY TUCSON, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OWNERS OF PUGH’S FLOWERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PUGH’S FLOWERS DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM PUGH’S FLOWERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUGH’S FLOWERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Website Policies and Modification: Please review our other policies, such as our pricing policy, posted on this Website. These policies govern your visit to the Website. We reserve the right to make changes to our Website, policies, and the Terms at any time without notice.
17. Severability: If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.