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La Bella Baskets

Phone: (800) 584-5539 2303 Ranch Road 620 S Ste 135-185, Lakeway, TX 78734 http://www.labellabaskets.com

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BBB Accreditation

This business is not BBB accredited.

Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBB accreditation.

To be accredited by BBB, a business must apply for accreditation and BBB must determine that the business meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses must pay a fee for accreditation review/monitoring and for support of BBB services to the public.

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that lowered the rating for La Bella Baskets include:

  • Length of time business has been operating

Factors that raised the rating for La Bella Baskets include:

  • Complaint volume filed with BBB for business of this size.
  • Response to 2 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.
  • BBB has sufficient background information on this business.


Customer Complaints Summary Read complaint details

2 complaints closed with BBB in last 3 years | 2 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 1
Billing/Collection Issues 0
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 1
Total Closed Complaints 2

Customer Reviews Summary Read customer reviews

0 Customer Reviews on La Bella Baskets
Customer Experience Total Customer Reviews
Positive Experience 0
Neutral Experience 0
Negative Experience 0
Total Customer Reviews 0

Additional Information

top
BBB file opened: May 31, 2011 Business started: 11/03/2009 Business started locally: 11/03/2009 Business incorporated: 02/21/2012 in TX
Type of Entity

Limited Liability Company (LLC)

Business Management
Ms. Mia Florides, Co-Founder
Contact Information
Principal: Ms. Mia Florides, Co-Founder
Business Category

Internet Shopping Chocolate & Cocoa Candy & Confectionery - Retail Cookies & Crackers Gift Baskets & Parcels

Alternate Business Names
La Bella Baskets, LLC

Additional Locations

  • THIS LOCATION IS NOT BBB ACCREDITED

    2303 Ranch Road 620 S Ste 135-185

    Lakeway, TX 78734

  • 1
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Complaint Detail(s)

11/19/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: On 10/17/13 I received email confirmation thanking me for my purchase. 10/21/2013 Show additional information for activity type debit cards -47.94 CHECKCARD 1017 LA BELLA BASKETS 800-5845539 TX ..I've been talking to *** @ ************..1st combo stated she received a call from ****** ******** they only left a 1st name she was going to try and track package..2nd combo that's why they hate sending to hospitals no one knows where the package is since I'm a 1st time customer she'll send to different address email her @ supportlabellabaskets.com(10-29-13) I emailed (3) looks like 2 failed with the order #****** item code ****** I've called left messages *** has failed to return my call and my gmom never received the gift.

Desired Settlement: Like *** stated in one of our conversations they don't like to send to hospitals they need to put that in bold on the website. I want my money back my gmom has been out of the hospital sometime now and maybe visiting me by the end of the month.

Business Response: Customer placed an order on 10/17/2013
her Address is:

**** ****
* ******* *** **** ** ****
CHESTER PA 19013

Ship To Address****, ****
****** ******* ******* ***
* ******* *** **** ** ****
CHESTER PA 19013

Tracking Number:Pkg #: 1    Trk #:     ****************** 

Delivered On:Tuesday,  10/22/2013 at 10:07 A.M.Left At:Front DeskShip Via1 - Standard Shipping Order was processed then shipped on time to the address above so we did our part to get the package thereThe patient **** **** had already been checked out from the hospital when packaged arrived.

The package was no way to be found and I spoke with Ms. ******* **** and told her that we will call the hospital to see if we can find it and she said she would get someone to pick it up if we did find it. 

Calls were made but no package to be found.

As a company we want to do the right thing so we decided to send a her a new package out with no charge to her and it will now go to her moms home instead.
Our last conversation, Ms. ******* **** was going to email me her moms address. Email was never received. I called Ms ******* **** and she told me that her emails did fail and came back to her and she said she tried to call me.The call was never received nor the emails.

So as of 11/6  we finally spoke and she gave me her mothers home address and we are sending out another item on behalf of La Bella Baskets.

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me.

Regards,

******* ****

BBB's Final Determination: Consumer accepted resolution offered by the business.

10/21/2013 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: This company said that they provided training and they have you think that you're getting all this help, but all you get is videos, audios, and visual aids. There's no real training involved and I didn't understand that in order to have access to my website and back office as well as being able to get my pay (if I had any) I had to pay $24.95 every month. I thought the membership was optional, I didn't realize it was mandatory to get paid. So, I felt forced to pay them in case I had sales out there and I feel taken advantage of and that this company is a MLM scam. I want the money I paid them $49.90 fully refunded and I won't settle for anything less!!! This is a bait and switch game this company is playing and this company is ripping people off!!

Desired Settlement: I want the money I paid them $49.90 fully refunded and I won't settle for anything less!!!

Business Response: Thank you for allowing us the opportunity to reply to the issues the complainant conveyed to you.


Her first issue with our company states that she felt as if she had no support.


Our company offers numerous training methods for the new consultant including:
Live Training Calls
24/7 available recorded calls and 
24/7 available training videos
An on-line training web site
A ******** Community


In her next issue, she states the following:
[sic]"...I didn't understand that in order to have access to my website and back office as well as being able to get my pay (if I had any) I had to pay $24.95 every month."


When the complainant chose to become a consultant of our company, she was required to accept our "Terms and Conditions" as stated in our Consultant Agreement.  Accepting these terms is accomplished by checking a box on our on-line agreement form.   This physical action is required before a user can submit a credit card for membership.
The exact terms and conditions that the complainant agreed to are presented here:


La Bella Basket Consultant Agreement: 
 
This Agreement contains the complete terms of the La Bella Baskets Program.
 
Welcome to ******************. La Bella Baskets provides its services to you subject to the following conditions. If you visit or purchase at ******************, you accept these conditions. Please read them carefully. In addition, when you use any current or future La Bella Baskets service or visit or purchase from any business affiliated with La Bella Baskets, whether or not included in the ****************** Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
 
La Bella Baskets Consultant Agreement
 
The following are the terms and conditions (these "Terms and Conditions”) of participating in the La Bella Baskets Consultant Program (the "Program”). "Consultant" refers to you. We may also refer to you as "you” or "your” in the possessive. "Site" refers to us. "Site" means a World Wide Web site and, depending on the context, refers either to the La Bella Baskets site, located at the URL **********************, or to any site that you will link to our site (and which you will identify in your Program application).
La Bella Baskets reserves the right to amend these Terms and Conditions as needed from time to time. You agree that any such amendment will apply to you, the Consultant. By accepting commissions where applicable and/or continuing to use La Bella Baskets products, Consultant agrees to these amendments.
 
SPAM Policy
Sending any e-mail on any subject to anyone or any organization that has not requested this information, without specifically requesting it directly or by giving his or her or their permission for you to send them information, is prohibited. We do not tolerate Consultants sending unsolicited e-mail. Because of the nature of our service, you may be tempted to profit by sending mass e-mails. Be advised: You may not send unsolicited e-mail. E-mails are much more effective when sent to groups in an e-mail newsletter or other participating in a group program.
Sending unsolicated e-mail advertising of any kind from our website(s) is cause for immediate and permanent termination of your account, including any and all affiliate commissions, where applicable.
We accept and log spamming complaints at our home office. The accumulation of 5 or more complaints to any single e-mail account is grounds for termination.
If you violate this policy and it causes damage or loss to our servers, or causes one (or more) of our web sites to be interrupted from normal service, you will be held liable for actual damages and/or any indirect, incidental, special or consequential damages, such as loss of business.
 
Participation in the Program
Your participation in the Program is based on good faith, to wit: that you represent the offers and savings, as delivered to you, correctly. We may terminate your Consultantship in the Program at any time if we determine (at our sole discretion) that your representation and sites whereon you are advertising are unsuitable for the Program. Unsuitable sites include those that:
* Promote sexually explicit materials;
* Promote violence;
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
* Promote illegal activities; or
* Violate intellectual property rights.


If we terminate your Consultantship in the Program for any reason, you are welcome to reapply to the Program at any time or contest the termination. You should also note that if we accept your application and you have your own site and the site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this agreement implicit in thee Terms and Conditions.
 
Payments and Fees
 
As consideration for the services purchased, you agree to pay La Bella Baskets a monthly service fee of $24.95 for the basic membership and $44.90 for the Premier Membership, billed to your approved credit card. If your credit card is declined, you will be notified. La Bella Baskets reserves the right to terminate the service agreement upon your failure to pay on a timely basis. ****************** services are billed on a monthly basis for the current calendar month. Merchants are responsible for payment upon the period billing date. You agree to pay your monthly fee until you cancel your account.  The effects of canceling, as outlined in the LaBella Baskets Policies and Procedures Manual, are immediate.
 
NO FULL or PARTIAL REFUNDS of your payments will be granted.
 
You will receive a welcome email upon registration that includes instructions and a link to a tax form you are required to complete and return. Please complete the form in its entirety and mail it to La Bella Baskets corporate office. It is imperative that you complete and send this form as quickly as possible, as we are unable to process your commission checks without a completed form.
 
 
Affiliate's Commission
 
Where applicable, affiliate commissions will be calculated on a twice a month basis on the 5th and the 20th of every month. Commission checks will be mailed no later than 3 days after the calculation period unless the calculation period falls on a weekend, or holiday in which case commission checks will be mailed no later than 3 days after the said weekend or holiday. In calculating affiliate commissions, we will deduct the corresponding affiliate commission if any transaction is returned for any reason. It is your sole responsibility to insure the correctness of your contact information. Checks will be mailed to the contact information contained in your account. We are not responsible for lost commission checks due to outdated or incorrect information in your account. All tax liabilities incurred due to commission payments are your sole responsibility. La Bella Baskets will provide tax statements required by current tax code.
 
You will receive a compensation check (two times a month) for the orders that were processed during the billing period. These checks will be mailed in accordance with the terms stated above.
 
You will receive a Federal IRS Form ******** if La Bella Baskets has issued any payments to you during the course of the previous year.   Please check with your individual state and federal agencies for applicable requirements. IRS 1099 reporting may be changed at any time and we will produce your 1099 in accordance with the federal IRS requirements for the applicable tax year.
 
 
Account Cancellation Process
 
To cancel your account, please submit a request to ***********************************  and contact us at: ************. 




Responsibility for Your Marketing
 
You are solely responsible for the development, marketing, promotion, of any/all Consultant affiliate sites that YOU design or use, that is not authorized by La Bella Baskets and/or unethical use or misrepresentation of any of the marketing material we provide for you. The success of your marketing efforts, as reflected in the number of sales and affiliate sign-ups, may vary based on current marketing conditions. Any creative materials we provide for marketing and the Program in general carry no guaranteed or successful or profitable results.
 
For example, you will be solely responsible for:
The accuracy and appropriateness of materials posted on Consultant sites (including, among other things, all product-related materials);
* Ensuring that materials posted on Consultant sites do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) or violate any city, county, state or federal law;
* Ensuring that materials posted on Consultant sites are not libelous or otherwise illegal;
* Ensuring that Consultant sites accurately and adequately disclose, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, how third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, judgment, demands, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your marketing efforts, relative to your participation in the Program.
 
Privacy
 
Please review our Privacy Notice, which also governs your visit to ******************, to understand our practices.
 
Eletronic Communications
 
When you visit ****************** 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 site. 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.
 
Copyright
 
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of La Bella Baskets or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of La Bella Baskets and protected by U.S. and international copyright laws. All software used on this site is the property of La Bella Baskets or its software suppliers and protected by United States and international copyright laws.
 
License and Site Access
 
La Bella Baskets grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of La Bella Baskets. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of La Bella Baskets. 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 ** ***** *********** and our affiliates without express written consent. You may not use any meta tags, key words or any other "hidden text" utilizing La Bella Baskets name or trademarks without the express written consent of La Bella Baskets. Any unauthorized use terminates the permission or license granted by La Bella Baskets. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of your ****************** site so long as the link does not portray La Bella Baskets, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You are authorized to use any ** ***** *********** banner found in the marketing tools section as part of the link.
 
Your Account
 
If you use this site, 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. La Bella Baskets does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use La Bella Baskets only with involvement of a parent or guardian. La Bella Baskets reserves the right to refuse service, terminate accounts, remove or edit content, cancel orders or accounts at its sole discretion.
 
Reviews, Comments, Communications, and Other Content
 
Visitors may post reviews, comments, and other content; send e-cards 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. La Bella Baskets 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 La Bella Baskets a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant La Bella Baskets the right to use the name that you submit in connection with such content, if they choose. 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 La Bella Baskets for all claims resulting from content you supply. La Bella Baskets has the right but not the obligation to monitor and edit or remove any activity or content. La Bella Baskets takes no responsibility and assumes no liability for any content posted by you or any third party.
 
Copyright Complaints
 
La Bella Baskets and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email ***********************
 
Risk of Loss
 
All items purchased from La Bella Baskets 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.
 
Product Descriptions
 
La Bella Baskets attempts to be as accurate as possible. However, La Bella Baskets does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by La Bella Baskets itself is not as described, your sole remedy is to return it in unused condition.
 
Disclaimer of Warranties and Limitation of Liability
 
THIS SITE IS PROVIDED BY La Bella Baskets ON AN "AS IS" AND "AS AVAILABLE" BASIS. La Bella Baskets MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, La Bella Baskets DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. La Bella Baskets DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM La Bella Baskets ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. La Bella Baskets WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
 
Applicable Law
 
By visiting ******************, or purchasing products from or otherwise doing business with La Bella Baskets, you agree that the laws of the states of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and La Bella Baskets.
 
Disputes
 
Any dispute relating in any way to your visit to ****************** or to products you purchase from La Bella Baskets shall be submitted to confidential arbitration in ******, Texas, except that, to the extent you have in any manner violated or threatened to violate La Bella Baskets intellectual property rights, La Bella Baskets may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
 
Site Policies, Modification and Severability
 
Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to ******************. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.
 
Other
1. Consultant may not use his or her knowledge, or association with other Consultants to compete against La Bella Baskets. However, Consultants may partner with companies for the purpose of marketing or selling products from their Consultant sites. This would include, but not be limited to, Online Auction sites, traffic promotion sites, etc.
2. Consultant agrees that he or she is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of La Bella Baskets. Consultant further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of La Bella Baskets.
3. Applications for Consultant status are subject to approval by La Bella Baskets.
4. Consultant must be of legal age in his/her state.
5. Consultants will be issued a "Consultant Link", or unique URL, which allows La Bella Baskets to identify visitors from Consultant site as originating from Consultant. These visitors are tracked with this unique URL and sales are recorded with the appropriate Consultant ID. To receive commissions, Consultant must use the provided Consultant Link. The URL may be in various forms such as a banner, image, or text link.
6. Consultant is solely responsible for insuring that his or her Consultant Link is set up properly to qualify for commissions.
7. La Bella Baskets is not responsible for acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish Consultant’s service.
8. Consultant shall follow La Bella Baskets advertising guidelines and agrees not to misrepresent La Bella Basket's products or services.
9. La Bella Baskets shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to these terms and conditions or the Program, irrespective if La Bella Baskets has been advised of the possibility of such damages. La Bella Baskets aggregate liability arising under or with respect to these Terms and Conditions and/or the Program shall in no event exceed the total commissions paid or payable by La Bella Baskets under this agreement.
10. La Bella Baskets makes no warranties, expressed or implied, with regard to the Program except as outlined in there Terms and Conditions.
11. In the event that a provision in these Terms and Conditions is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of these Terms and Conditions will remain in full force and effect.




Again, thank you for the opportunity to reply to the complainant's concerns.
We are sorry that she feels as if her time with us was unproductive.  We wish her well, and we will consider her response as vital feed-back.

Consumer Response: Complaint: *******

I am rejecting this response because: Yes, LBB refund me half of the $44.90 on 10/*, but I want the $24.95 that was charged on 8/** back as well and I won't accept anything until I get that money back. 

Regards,

***** ********

Business Response: We feel that the partial reimbursement is more than fair even though it goes against our policy.
We did so, purely in the interest of alleviating her concerns.
Again, I would refer the complainant to the terms and condition to which she agreed to upon becoming a consultant with our firm.
Those terms and conditions are as follows:

La Bella Basket Consultant Agreement: 
 
This Agreement contains the complete terms of the La Bella Baskets Program.
 
Welcome to ******************. La Bella Baskets provides its services to you subject to the following conditions. If you visit or purchase at ******************, you accept these conditions. Please read them carefully. In addition, when you use any current or future La Bella Baskets service or visit or purchase from any business affiliated with La Bella Baskets, whether or not included in the ****************** Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
 
La Bella Baskets Consultant Agreement
 
The following are the terms and conditions (these "Terms and Conditions”) of participating in the La Bella Baskets Consultant Program (the "Program”). "Consultant" refers to you. We may also refer to you as "you” or "your” in the possessive. "Site" refers to us. "Site" means a World Wide Web site and, depending on the context, refers either to the La Bella Baskets site, located at the URL **********************, or to any site that you will link to our site (and which you will identify in your Program application).
La Bella Baskets reserves the right to amend these Terms and Conditions as needed from time to time. You agree that any such amendment will apply to you, the Consultant. By accepting commissions where applicable and/or continuing to use La Bella Baskets products, Consultant agrees to these amendments.
 
SPAM Policy
Sending any e-mail on any subject to anyone or any organization that has not requested this information, without specifically requesting it directly or by giving his or her or their permission for you to send them information, is prohibited. We do not tolerate Consultants sending unsolicited e-mail. Because of the nature of our service, you may be tempted to profit by sending mass e-mails. Be advised: You may not send unsolicited e-mail. E-mails are much more effective when sent to groups in an e-mail newsletter or other participating in a group program.
Sending unsolicated e-mail advertising of any kind from our website(s) is cause for immediate and permanent termination of your account, including any and all affiliate commissions, where applicable.
We accept and log spamming complaints at our home office. The accumulation of 5 or more complaints to any single e-mail account is grounds for termination.
If you violate this policy and it causes damage or loss to our servers, or causes one (or more) of our web sites to be interrupted from normal service, you will be held liable for actual damages and/or any indirect, incidental, special or consequential damages, such as loss of business.
 
Participation in the Program
Your participation in the Program is based on good faith, to wit: that you represent the offers and savings, as delivered to you, correctly. We may terminate your Consultantship in the Program at any time if we determine (at our sole discretion) that your representation and sites whereon you are advertising are unsuitable for the Program. Unsuitable sites include those that:
* Promote sexually explicit materials;
* Promote violence;
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
* Promote illegal activities; or
* Violate intellectual property rights.


If we terminate your Consultantship in the Program for any reason, you are welcome to reapply to the Program at any time or contest the termination. You should also note that if we accept your application and you have your own site and the site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this agreement implicit in thee Terms and Conditions.
 
Payments and Fees
 
As consideration for the services purchased, you agree to pay La Bella Baskets a monthly service fee of $24.95 for the basic membership and $44.90 for the Premier Membership, billed to your approved credit card. If your credit card is declined, you will be notified. La Bella Baskets reserves the right to terminate the service agreement upon your failure to pay on a timely basis. ****************** services are billed on a monthly basis for the current calendar month. Merchants are responsible for payment upon the period billing date. You agree to pay your monthly fee until you cancel your account.  The effects of canceling, as outlined in the LaBella Baskets Policies and Procedures Manual, are immediate.
 
NO FULL or PARTIAL REFUNDS of your payments will be granted.
 
You will receive a welcome email upon registration that includes instructions and a link to a tax form you are required to complete and return. Please complete the form in its entirety and mail it to La Bella Baskets corporate office. It is imperative that you complete and send this form as quickly as possible, as we are unable to process your commission checks without a completed form.
 
 
Affiliate's Commission
 
Where applicable, affiliate commissions will be calculated on a twice a month basis on the 5th and the 20th of every month. Commission checks will be mailed no later than 3 days after the calculation period unless the calculation period falls on a weekend, or holiday in which case commission checks will be mailed no later than 3 days after the said weekend or holiday. In calculating affiliate commissions, we will deduct the corresponding affiliate commission if any transaction is returned for any reason. It is your sole responsibility to insure the correctness of your contact information. Checks will be mailed to the contact information contained in your account. We are not responsible for lost commission checks due to outdated or incorrect information in your account. All tax liabilities incurred due to commission payments are your sole responsibility. La Bella Baskets will provide tax statements required by current tax code.
 
You will receive a compensation check (two times a month) for the orders that were processed during the billing period. These checks will be mailed in accordance with the terms stated above.
 
You will receive a Federal IRS Form 1099MISC if La Bella Baskets has issued any payments to you during the course of the previous year.   Please check with your individual state and federal agencies for applicable requirements. IRS 1099 reporting may be changed at any time and we will produce your 1099 in accordance with the federal IRS requirements for the applicable tax year.
 
 
Account Cancellation Process
 
To cancel your account, please submit a request to ***********************************  and contact us at: 800-584-5539. 




Responsibility for Your Marketing
 
You are solely responsible for the development, marketing, promotion, of any/all Consultant affiliate sites that YOU design or use, that is not authorized by La Bella Baskets and/or unethical use or misrepresentation of any of the marketing material we provide for you. The success of your marketing efforts, as reflected in the number of sales and affiliate sign-ups, may vary based on current marketing conditions. Any creative materials we provide for marketing and the Program in general carry no guaranteed or successful or profitable results.
 
For example, you will be solely responsible for:
The accuracy and appropriateness of materials posted on Consultant sites (including, among other things, all product-related materials);
* Ensuring that materials posted on Consultant sites do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) or violate any city, county, state or federal law;
* Ensuring that materials posted on Consultant sites are not libelous or otherwise illegal;
* Ensuring that Consultant sites accurately and adequately disclose, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, how third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, judgment, demands, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your marketing efforts, relative to your participation in the Program.
 
Privacy
 
Please review our Privacy Notice, which also governs your visit to ******************, to understand our practices.
 
Eletronic Communications
 
When you visit ****************** 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 site. 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.
 
Copyright
 
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of La Bella Baskets or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of La Bella Baskets and protected by U.S. and international copyright laws. All software used on this site is the property of La Bella Baskets or its software suppliers and protected by United States and international copyright laws.
 
License and Site Access
 
La Bella Baskets grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of La Bella Baskets. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of La Bella Baskets. 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 ** ***** *********** and our affiliates without express written consent. You may not use any meta tags, key words or any other "hidden text" utilizing La Bella Baskets name or trademarks without the express written consent of La Bella Baskets. Any unauthorized use terminates the permission or license granted by La Bella Baskets. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of your ****************** site so long as the link does not portray La Bella Baskets, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You are authorized to use any ** ***** *********** banner found in the marketing tools section as part of the link.
 
Your Account
 
If you use this site, 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. La Bella Baskets does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use La Bella Baskets only with involvement of a parent or guardian. La Bella Baskets reserves the right to refuse service, terminate accounts, remove or edit content, cancel orders or accounts at its sole discretion.
 
Reviews, Comments, Communications, and Other Content
 
Visitors may post reviews, comments, and other content; send e-cards 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. La Bella Baskets 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 La Bella Baskets a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant La Bella Baskets the right to use the name that you submit in connection with such content, if they choose. 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 La Bella Baskets for all claims resulting from content you supply. La Bella Baskets has the right but not the obligation to monitor and edit or remove any activity or content. La Bella Baskets takes no responsibility and assumes no liability for any content posted by you or any third party.
 
Copyright Complaints
 
La Bella Baskets and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email ***********************
 
Risk of Loss
 
All items purchased from La Bella Baskets 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.
 
Product Descriptions
 
La Bella Baskets attempts to be as accurate as possible. However, La Bella Baskets does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by La Bella Baskets itself is not as described, your sole remedy is to return it in unused condition.
 
Disclaimer of Warranties and Limitation of Liability
 
THIS SITE IS PROVIDED BY La Bella Baskets ON AN "AS IS" AND "AS AVAILABLE" BASIS. La Bella Baskets MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, La Bella Baskets DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. La Bella Baskets DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM La Bella Baskets ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. La Bella Baskets WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
 
Applicable Law
 
By visiting ******************, or purchasing products from or otherwise doing business with La Bella Baskets, you agree that the laws of the states of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and La Bella Baskets.
 
Disputes
 
Any dispute relating in any way to your visit to ****************** or to products you purchase from La Bella Baskets shall be submitted to confidential arbitration in ******, Texas, except that, to the extent you have in any manner violated or threatened to violate La Bella Baskets intellectual property rights, La Bella Baskets may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
 
Site Policies, Modification and Severability
 
Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to ******************. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.
 
Other
1. Consultant may not use his or her knowledge, or association with other Consultants to compete against La Bella Baskets. However, Consultants may partner with companies for the purpose of marketing or selling products from their Consultant sites. This would include, but not be limited to, Online Auction sites, traffic promotion sites, etc.
2. Consultant agrees that he or she is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of La Bella Baskets. Consultant further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of La Bella Baskets.
3. Applications for Consultant status are subject to approval by La Bella Baskets.
4. Consultant must be of legal age in his/her state.
5. Consultants will be issued a "Consultant Link", or unique URL, which allows La Bella Baskets to identify visitors from Consultant site as originating from Consultant. These visitors are tracked with this unique URL and sales are recorded with the appropriate Consultant ID. To receive commissions, Consultant must use the provided Consultant Link. The URL may be in various forms such as a banner, image, or text link.
6. Consultant is solely responsible for insuring that his or her Consultant Link is set up properly to qualify for commissions.
7. La Bella Baskets is not responsible for acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish Consultant’s service.
8. Consultant shall follow La Bella Baskets advertising guidelines and agrees not to misrepresent La Bella Basket's products or services.
9. La Bella Baskets shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to these terms and conditions or the Program, irrespective if La Bella Baskets has been advised of the possibility of such damages. La Bella Baskets aggregate liability arising under or with respect to these Terms and Conditions and/or the Program shall in no event exceed the total commissions paid or payable by La Bella Baskets under this agreement.
10. La Bella Baskets makes no warranties, expressed or implied, with regard to the Program except as outlined in there Terms and Conditions.
11. In the event that a provision in these Terms and Conditions is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of these Terms and Conditions will remain in full force and effect.

The complainant did agree to these terms and conditions and we have a legal responsibility to uphold these terms and conditions.



Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find it unacceptable but I give up on this case. They won't give me the other $24.95, so just close the case.

Regards,

***** ********

BBB's Final Determination: Consumer accepted resolution offered by the business.

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