About Us
- Company Information
- Terms and Conditions
- Limitiation of Remedies
Company Information
Fensel's
is proud to be your wholesale supplier for decorative baskets, flowers, mugs, readymades and more. We provide you with the
finest quality merchandise available with shop-at-home convenience.
For the past 20 years
we have served the needs of retailers throughout
the United States and the world. Our staff has gained a vast wealth of
knowledge during this period concerning the specific and unique needs
of each client. This knowledge and experience provides our
professional staff with the answers to all of your questions
on size, colors, textures, availability, and pricing. Each and every staff member
at Fensel's is here to assist you in deciding which
item or style is best for your business.
Fensel's
professional staff looks forward to becoming your one-stop-shop for all
of your florist, basket and decorative item wholesale needs. We look forward to providing you with
the very best in pricing, selection, service and expertise. When you order
from Fensel's, you will be a winner in your customers' eyes.
Terms & Conditions
- Features, specifications, and prices of products described or depicted
on the Site are subject to change at any time without notice.
Some measurements and weights are approximate.
- The Site refers to products and services that are generally available for
purchase in the 48 continental United States, Alaska and Hawaii but may not be
available in your particular country or locality. The reference to any such products or
services in this Site does not imply or warrant that these products or
services will be available at any time.
- The Site design, and all text, graphics, the selection and arrangement
of text and graphics, all software, and all materials displayed on or that can be
downloaded from the Site are either the property of, or used with permission by,
Fensel's, Inc. and are protected by copyright and may not be used except as
permitted in these Terms and Conditions or in the text on the Site.
- Any other Trademarks used in the Site are trademarks of their respective owners.
Nothing contained on the Site grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademarks
displayed on the Site without the written permission of Fensel's, Inc.
or such third party owner. Any unauthorized use of the Site, materials displayed
on or that can be downloaded from the Site, or any Trademarks displayed on the
Site may violate copyright laws, trademark laws, the laws of privacy and publicity,
and other laws and regulations and civil and criminal statutes.
- Creating or maintaining a hyperlink from another site to any page on
this Site other than the home page without Fensel's, Inc.'s
permission is prohibited. Running or displaying the Site or any material
displayed on or that can be downloaded from the Site in frames on another site
without Fensel's, Inc.'s permission is prohibited.
- Your use of the Site is at your risk. Fensel's, Inc. does not
make any warranties or representations as to its accuracy and Fensel's, Inc. specifically disclaims any liability or responsibility for any
errors or omissions in the content on the Site. Neither Fensel's,
Inc. nor any other party involved in creating, producing, or delivering the
Site is liable for any direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, or inability to use or access,
the Site. Without limiting the foregoing, the Site and material displayed on or that
can be downloaded from the Site is provided to you "AS IS" WITHOUT,
AND Fensel's, INC. DISCLAIMS ANY WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The foregoing
exclusions of implied warranties do not apply to the extent prohibited by law. Please
refer to your local laws for any such prohibitions.
- Fensel's, Inc. does not assume any responsibility,
and shall not be liable for, any damages to, or viruses that may infect, your
computer, telecommunication equipment, or other property caused by or arising
from your access to, use of, or browsing the Site or your downloading of any
materials, from the Site.
- The Site contains hyperlinks to sites that are not maintained by
Fensel's, Inc. Fensel's, Inc. is not responsible for
the content of such sites, and Fensel's, Inc. does not guarantee
the accuracy, validity, legality, or otherwise of such sites or that such sites
will not change without our knowledge. Inclusion of a hyperlink on the Site is not and does not imply Fensel's, Inc.'s endorsement of such linked site. The user specifically acknowledges that Fensel's, Inc. is not responsible and shall not be liable for any defamatory, offensive, infringing or illegal materials contained in any such linked site.
- Any communication or material you transmit or post to the Site by email or
otherwise, including any data, questions, comments, or suggestions, is and
will be treated as non-confidential and non-proprietary. Anything you transmit
or post may be used by Fensel's, Inc. and its affiliates for any purpose,
including without limitation, reproduction, disclosure, transmission, publication,
broadcast, and posting. Fensel's, Inc. is free to use any ideas,
concepts, know-how, or techniques contained in any communication or
material that you send to the Site for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products using such information.
- Although Fensel's, Inc. may from time to time monitor or review
discussions, chats, postings, transmissions, bulletin boards and the like on
the Site, Fensel's, Inc. is under no obligation to do so and assumes
no responsibility or liability arising from the contents of any such
communications nor for any error, defamation, libel, obscenity, profanity,
or inaccuracy contained in any such communication. You are prohibited
from posting or transmitting any unlawful, threatening, defamatory,
libelous, obscene, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise violate any law. In
addition to any remedies that Fensel's, Inc. may have at law or in
equity, if Fensel's, Inc. reasonably determines that you have violated
or are likely to violate the foregoing prohibitions, Fensel's, Inc. may
take any action Fensel's, Inc. reasonably deems necessary to cure
or prevent the violation, including without limitation, the immediate removal
from the Site of the related materials. Fensel's, Inc. will fully
cooperate with any law enforcement authorities or court order requesting
or directing Fensel's, Inc. to disclose the identity of anyone posting
such materials.
- Fensel's, Inc. may at any time revise these Terms and
Conditions by updating this posting. Since you are bound by these
Terms and Conditions, you should therefore periodically visit this
page, to review the then current Terms and Conditions.
- These Terms and Conditions supersede any other agreement between
you and Fensel's, Inc. to the extent necessary to resolve any
inconsistency or ambiguity between them. These Terms and Conditions
shall be governed in all respects by the laws of Freeman, South Dakota, USA,
without giving effect to its rules relating to conflicts of laws.
- Fensel's, Inc. attempts to ensure that information on this Web
site is complete, accurate and current. Despite our efforts, the information on
this Web site may occasionally be inaccurate, incomplete or out of date. We
make no representation as to the completeness, accuracy or currentness of
any information on the site. For example, product(s) may be unavailable, they
may have different attributes than those listed or they may actually carry a
different price than that stated on the Web site. In addition, we may make
changes in information about price and availability without notice. While it is
our practice to confirm orders by email, the receipt of an email order
confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification
of information prior to the acceptance of any order. If you have any
questions or comments, we invite you to call us at 1-800-658-3319. We value your
business, and we are committed to making your shopping experience an enjoyable one.
- Certain trademarks, trade names and service marks used or
displayed on this Web site are registered and unregistered trademarks,
trade names and service marks of Fensel's, Inc. Other trademarks,
trade names and service marks used or displayed on this Web Site are the
registered and unregistered trademarks, trade names and service
marks of their respective owners.
Limitation of Remedies
In no event shall Fensel's be liable for any special, indirect or
consequential damages, whether for breach of contract or warranty,
negligence or other tort, on any type of strict liability theory or any other theory of liablitlity.
Without limiting the generality of the foregoing, Fensel's specifically
disclaims any liability for penalties (including administrative penalties),
special or punitive damages, damages for lost profits or revenues,
loss of use of products or any associated equipment, cost of capital, facilities,
services, labor or salaries, downtime, shutdown or slowdown costs, spoilage or
materials, or any other type of economic loss. All the limitations and disclaimers
contained in the paragraph and in the rest of this contract shall apply to claims of
Customer's clients or any third party asserted by Customer against Fensel's
for indemnity or contribution, as well as direct claims of Customer against Fensel's.
Customer shall indemnify Fensel's against any and all losses,
liabilities, damages and expenses (including, without limitation,
attorneys fees and other costs of defending any action) which Fensel's may incur as a result of any claim by Customer or other arising out of or
in connection with the products and/or service sold hereunder and based on (a)
any modification of the products; (b) product or service defects not proved to
have been caused solely by Fensel's's negligence; or (c) in the event of
resale, by virtue of Customer's failure to properly disclaim all implied warranties
and consequential damages to subsequent purchasers.
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