Terms and Conditions

Last updated: October 9, 2014

Welcome to MMLAFLEUR.com (the “Site”), owned and operated by LAFLEUR LLC (“MM.LaFleur”, “we”, “our”, “us”). Use of the Site is subject to the following terms and conditions (the “Terms and Conditions”). By using the Site, you agree to the Terms and Conditions. Please read them carefully. If you have any questions, please contact us at bonjour@mmlafleur.com.

Privacy

Please review our privacy notice to understand our practices for collecting and using your information.

Electronic Communications

When you send us emails or use the Site, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright

Except as otherwise noted, all content posted on the Site, such as text, photos, illustrations, designs, and icons, is the property of MM.LaFleur and protected by United States and international copyright laws. The compilation of the Site is the exclusive property of MM.LaFleur and protected by United States and international copyright laws. Any unauthorized use of the Site is strictly prohibited.

No Commercial Use

This Site is for your personal non-commercial use. You may not use this Site or any of its content to resell or further any commercial purposes.

Accounts

If you set up an account and password, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. MM.LaFleur is not responsible for any errors or delays in responding to any inquiry caused by incorrect, outdated, or incorrect information provided by you. The Site is intended to be used by adults. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

Returns

MM.LaFleur does not take title to a returned item until we receive it. In order to receive a refund on an in-store or online purchase, items must be returned within 21 days of purchase in unworn condition with all tags attached and no damage present. In order for Bento items to be returned, all items must be returned within the trial period (4 days) to avoid being charged. After purchase, they are eligible for a refund for up to 21 days if returned in unworn condition with all tags attached and no damage present. If any items (in-store, online, or Bento) are returned damaged or late, you may be subject to fees up to the full price of the returned item. We request that you email us at bonjour@mmlafleur.com to let us know of any special circumstances.

Risk of Loss

All items purchased from MM.LaFleur are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Pricing

Pricing shown on our site are exclusive of taxes. Sales tax will be charged on orders shipped to locations where taxes are applicable. All prices and offers remain valid as advertised. Bento items are priced at the time of order placement. The price of a product displayed on our site at the time the order is placed will be honored except in cases of patent error. Accepted forms of payment include Visa, MasterCard, Discover, and American Express.

Links

We may include hyperlinks on the Site to websites operated by third parties. We have not reviewed all of the websites that we link to and we have no responsibility or liability for the content contained therein.

Disclaimer of Warranties, Limitation of Liability and Indemnification

ALL INFORMATION, CONTENT AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MM.LAFLEUR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MM.LAFLEUR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR FROM ANY INFORMATION, CONTENT OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MM.LAFLEUR FROM AND AGAINST ALL LOSSES, EXEPENSES, DAMAGES AND COSTS, INCLUDING LEGAL FEES, ARISING OUT OF YOUR USE OF THIS SITE.

Digital Millennium Copyright Act

MM.LaFleur respects copyrights. If you are a copyright owner that believes your copyright has been infringed by us, please contact us at bonjour@mmlafleur.com.

Severability

If any provision in the Terms and Conditions is deemed invalid or unenforceable, then that such provision will be removed from the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.

Governing Law

The Terms and Conditions and your relationship with MM.LaFleur shall be governed by the laws of the State of New York. You and MM.LaFleur agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, for any dispute arising out of or related to your use of the Site or your breach of the Terms and Conditions.

Entire Agreement

The Terms and Conditions constitute the whole agreement between you and MM.LaFleur and supersede all prior or contemporaneous communications. Notwithstanding the foregoing, we may make changes to our Terms and Conditions from time to time. When changes are made, we will update the Terms and Conditions at MMLAFLEUR.com.

Privacy Notice

We value your privacy and appreciate your trust that we will use and share your information prudently. This privacy policy describes how we protect your privacy when you use our website. If you have any questions about our privacy policy, please contact us at bonjour@mmlafleur.com.

The Information We Collect and How We Use It

We receive and store information from you when you create an account on our site, place an order, subscribe to our emails, or fill out a survey or form. For example, when registering for an account or ordering, you may be asked to enter your name, email address, mailing address, phone number or credit card information.

We use the information that you provide to respond to your requests, process transactions, improve our website, improve our customer service, personalize your experience, and communicate with you.

Like most websites, we use cookies and similar tracking technologies that recognize your device in order to improve your experience and track general visitor information. We use cookies to remember your login information and the items in your cart, for your convenience when you return. In addition, general data such as internet service provider, IP addresses, browser type, and operating system is collected so we can continue to improve our website. You can disable cookies via your browser settings, though we recommend you leave them turned on so you can take advantage of all of our services. However, you can always contact us to place an order if you prefer to leave your cookies disabled.

How We Protect Your Information

We protect your information during transmission with Secure Sockets Layer (SSL) technology, which encrypts your sensitive data, including your credit card information for order processing. For your shopping convenience, you can store your credit card information with your account for repeat purchases, but we do not store your private financial information on our own servers, and it is required to be kept confidential by our payment gateway provider.

Information Disclosure to Outside Parties

We do not sell, trade, or otherwise disclose the personally identifiable information we collect through your use of our website to unaffiliated outside parties, with the exception of the outside parties who assist us in performing our website and ecommerce functions, such as processing credit card payments and delivering packages. These trusted providers have access to personal information needed to perform their functions, but may not use it for other purposes. Non-personally identifiable visitor information may be provided to outside parties for such uses as marketing and advertising.

We may release account and other personal information when we believe release is appropriate to comply with the law, enforce our site policies, or protect the rights, property, or safety of MM.LaFleur employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this privacy policy.

Your Consent

By using our website, you consent to our privacy policy.

Revisions to Our Privacy Policy

We reserve the right to update and revise this privacy policy at any time, which we will post to this page.