Welcome to the website of Xexvalonphit, located at xexvalonphit.ddd. These Terms of Use ("Terms") constitute a legally binding agreement between you and Xexvalonphit governing your access to and use of our website and all related services, including but not limited to browsing our offerings, submitting inquiries, requesting quotes, placing orders for flower bed design, balcony arrangement, planter products, and related consultation or installation services. By accessing or using our website or services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use our website or services.
Acceptance and Eligibility
By using our website or services, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract. You further represent that you are not prohibited from using the website or receiving services under the laws of the United States or any other applicable jurisdiction. If you are using the website or services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including for violation of these Terms or for any other reason we deem appropriate.
Use of the Website
You may use our website only for lawful purposes and in strict accordance with these Terms. You agree not to use the site in any way that could damage, disable, overburden, or impair the site or our servers or networks, or interfere with any other party's use and enjoyment of the site. You may not attempt to gain unauthorized access to any part of the website, our systems, the accounts of other users, or any data or content that is not intended for you. You may not use automated means (such as bots, scrapers, or scripts) to access the website, collect content, or send messages without our prior written consent. You may not use the website to transmit any viruses, malware, or other harmful code, or to engage in any activity that could harm the website or its users. The content on our website, including but not limited to text, images, graphics, logos, design layouts, product descriptions, and photographs of flower beds, balcony arrangements, and planters, is owned by Xexvalonphit or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, display, perform, or create derivative works from our content without our prior written consent. Any unauthorized use may result in legal action.
Products and Services
Our website presents our flower bed and balcony arrangement offerings, including planter sets, flower bed design packages, seasonal arrangements, and related products and services. Product descriptions, specifications, images, and prices are provided for informational purposes and are subject to change without prior notice. We strive to ensure that information about our planters, plants, and design services is accurate and up to date; however, we do not warrant that product descriptions, pricing, availability, or other content on the site are error-free, complete, or current. Colors and appearance of products may vary from what is displayed on your device due to screen settings. Orders are subject to product availability and acceptance by Xexvalonphit. We reserve the right to limit quantities, to refuse or cancel orders (including after acceptance) in our sole discretion, and to discontinue products or services at any time. In the event that a product or service is unavailable after your order is placed, we will notify you and, as applicable, offer a refund or alternative.
Orders and Acceptance
When you submit an inquiry or order through our website, by email, by phone, or by any other means, you represent and warrant that all information you provide is accurate, current, and complete, and that you are authorized to place the order and to provide payment. Your submission of an order constitutes an offer to purchase the specified products or services subject to these Terms. We reserve the right to accept or decline your order for any reason. Acceptance of your order occurs when we confirm the order (for example by email or phone) or when we begin fulfillment. If we are unable to accept your order, we will notify you and will not charge you or will refund any payment already made. We may request additional information or verification before accepting an order.
Pricing and Payment
All prices displayed on our website or communicated to you are in United States dollars (USD) unless otherwise stated. Prices are subject to change without notice and may not include applicable sales tax, value-added tax, or other taxes, which may be added at checkout or invoiced separately as required by law. Shipping, delivery, or installation fees may apply and will be communicated at the time of order or in your quote. Payment terms will be specified at the time of order confirmation. By placing an order, you agree to pay all applicable charges for the requested flower bed design, balcony arrangement, planter products, delivery, or installation services in accordance with the payment method and terms we specify. Failure to pay when due may result in cancellation of the order, suspension of services, and pursuit of collection. We may use third-party payment processors; your payment information may be subject to their terms and privacy policies. You are responsible for any fees charged by your bank or payment provider.
Delivery and Installation
Delivery and installation for planter products, plants, and flower bed or balcony arrangement services are subject to our availability, your location, and the specific terms communicated at the time of order. We serve Carrollton, TX and the surrounding area; delivery outside this area may be subject to additional fees or may not be available. Stated delivery or installation timeframes are estimates only and are not guaranteed. We are not liable for delays caused by circumstances beyond our reasonable control, including but not limited to weather, supply chain issues, or carrier delays. Risk of loss and title for physical products pass to you upon delivery to the address you provided (or to the carrier when we use a third-party shipper). You are responsible for providing an accurate and complete delivery address and for ensuring that someone is available to receive delivery where required. You are responsible for inspecting the products upon delivery and notifying us promptly of any damage or shortage. Installation services, when offered, will be scheduled separately and may be subject to additional terms, including access to your property and your cooperation, as communicated at the time of booking.
Cancellation and Changes
You may request to cancel or modify your order before it has been shipped or before we have begun substantial work on your design or installation. Whether a cancellation or change is accepted, and whether any fees apply, depends on the stage of your order and will be determined by us in accordance with our policies and these Terms. Once products have been shipped or services have been substantially performed, cancellation may not be possible except as set forth in our Return Policy. We may cancel your order at any time for reasons including but not limited to: product unavailability, error in pricing or product information, suspected fraud or unauthorized activity, or your breach of these Terms. If we cancel your order, we will refund any payment already received unless we are permitted to retain it under these Terms or applicable law.
Disclaimer of Warranties
Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Xexvalonphit disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, timely, secure, or free of errors, or that defects will be corrected. We do not warrant that the results obtained from the use of the website or our flower bed and balcony arrangement services will meet your expectations. Plant growth, appearance, health, and longevity depend on many factors beyond our control, including climate, soil conditions, light, water, care, and pest or environmental factors; we do not guarantee specific outcomes for plants or designs. Any advice or information we provide regarding care of your arrangements is general guidance only and is not a guarantee of results.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Xexvalonphit or its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in any way related to your use of the website or our flower bed design, balcony arrangement, or planter products and services, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages. Our total aggregate liability for any and all claims arising out of or related to these Terms or your use of the website or services shall not exceed the amount you actually paid to us for the relevant product or service in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Xexvalonphit and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: your access to or use of the website or services; your violation of these Terms or any applicable law; your violation of any third-party right, including intellectual property or privacy rights; any content or information you submit or transmit through the website; any dispute between you and a third party related to your order or use of flower bed or balcony arrangements; or any negligent or wrongful conduct by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.
Links to Third Parties
Our website may contain links to third-party websites or resources (such as mapping services or external references). Such links are provided for your convenience only. We do not control and are not responsible for the content, accuracy, privacy practices, or availability of third-party sites. The inclusion of any link does not imply our endorsement of the linked site or its operator. Your use of third-party sites is at your own risk and is subject to their terms and policies. We encourage you to read the terms and privacy policies of any third-party sites you visit.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been included.
Entire Agreement
These Terms, together with our Privacy Policy, our Cookies Policy, our Return Policy, and any additional terms communicated to you at the time of order or service, constitute the entire agreement between you and Xexvalonphit regarding the website and services and supersede any prior agreements, communications, or understandings. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
Changes to These Terms
We may modify these Terms at any time by posting the updated Terms on this page and updating the effective date. Material changes may also be communicated to you by email or through a notice on our website where required by law or where we deem it appropriate. Your continued use of the website or services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the website and services. We encourage you to review these Terms periodically.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the website or our flower bed and balcony arrangement services shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Texas, and you consent to the personal jurisdiction of such courts. You waive any objection to venue in such courts. Nothing in these Terms shall prevent us from seeking injunctive or other equitable relief in any jurisdiction.
Contact
For questions about these Terms of Use or for any other inquiries, please contact us using the contact information provided on our website. Xexvalonphit is located at 1900 I-35E, Carrollton, TX 75006, United States. You may also refer to our Privacy Policy, Cookies Policy, and Return Policy for additional information about our practices and your rights.