clickserv Pixel
Trending Searches
Featured
Same-Day Delivery
Same-Day Delivery
Most Loved
Most Loved
Mother's Day
Mother's Day
Just Because
Just Because
Sign In
Create Account

Order Summary (0)

Your cart is empty
Subtotal$0
DeliveryTBD
TaxesTBD
Total$0
Taxes and delivery calculated at checkout
Flowers to the rescue. Get same day delivery if you order within:
0
3
h
1
1
m
French Florist

Terms & Conditions

FRENCH FLORIST TERMS AND CONDITIONS

Last Updated: July 3, 2026

These Terms and Conditions (“Terms”) are entered into by and between you and French Florist Holdings Co. (“French Florist,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, mobile site, mobile application, text messaging programs, email communications, social media pages and interactions, loyalty or rewards programs, gift cards, subscriptions, memberships, purchases made through customer service or by telephone, and any related content, products, services, technologies, features, and functionality that we make available now or in the future (collectively, the “Services”).

By accessing, browsing, using, registering for, purchasing through, or otherwise interacting with any of the Services, you accept and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms or the Privacy Policy, do not use the Services. Section 24 (Electronic Contracting; Acceptance of These Terms) describes how your acceptance may be evidenced when you check out or otherwise use the Services.

1. Scope of Services

The Services may include, without limitation, floral arrangements, bouquets, plants, candles, chocolates, food items, beverages, wine or alcohol where legally offered, gifts, gift products, subscriptions, memberships, event and corporate floral services, house accounts, local courier delivery, same-day delivery, third-party florist fulfillment, marketplace offerings, customer service interactions, SMS programs, loyalty programs, gift cards, and any additional products, services, features, or offerings we may make available from time to time.

The Services are offered for personal, lawful, and authorized use only. We reserve the right to modify, suspend, discontinue, restrict, or add to the Services, in whole or in part, at any time, with or without notice, in our sole discretion.

2. Eligibility

You must be at least eighteen (18) years old and able to form a binding contract under applicable law to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

If we offer products that are age-restricted, including alcohol where permitted by law, you represent and warrant that you are legally permitted to purchase, receive, and use such products. We reserve the right to require age verification and to refuse, cancel, or delay any order if we are unable to verify legal eligibility.

3. Changes to These Terms

We may revise these Terms from time to time in our sole discretion. Changes will be effective upon posting, unless otherwise stated. Your continued use of the Services after revised Terms are posted constitutes your acceptance of those revised Terms.

We encourage you to review these Terms periodically. We may also provide additional notice of material changes where we deem appropriate, but we are not obligated to do so except as required by law.

Notwithstanding the foregoing, if we make a material change to Section 22 (Dispute Resolution; Binding Arbitration), we will provide reasonable notice of that change and, unless you affirmatively agree to the modified arbitration terms, the version of Section 22 in effect at the time a Dispute (as defined in Section 22) arose will continue to govern that Dispute.

4. Account Registration and Account Security

Certain features of the Services may require you to create an account or provide information such as your name, phone number, email address, payment information, billing address, delivery address, login credentials, or other identifying information.

You agree that all information you provide is true, accurate, current, complete, and kept up to date. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

We reserve the right, in our sole discretion and at any time, to suspend, restrict, terminate, disable, reclaim, or refuse any account, username, loyalty account, membership, subscription, stored value account, house account, or other identifier for any reason or no reason, including suspected fraud, misuse, inactivity, legal risk, chargebacks, abuse of promotions, or violation of these Terms.

5. Orders; Acceptance; Refusal; Cancellation; Operational Discretion

All orders are subject to acceptance, availability, verification, operational feasibility, and our sole discretion. We reserve the right, without liability, to refuse, reject, limit, cancel, delay, hold, split, or condition any order or portion of an order at any time and for any reason, including for:

  • pricing, typographical, promotional, technical, or descriptive errors;
  • inventory shortages;
  • product unavailability;
  • recipient unavailability;
  • delivery limitations;
  • weather, safety, traffic, disaster, or force majeure events;
  • quality-control concerns;
  • substitution requirements;
  • suspected fraud, misuse, or unauthorized activity;
  • failed payment authorization;
  • legal or regulatory issues;
  • inappropriate or prohibited messages or content;
  • abuse of promotions, gift cards, loyalty credits, subscriptions, memberships, or referral programs;
  • operational constraints; or
  • any other reason determined by us in our sole discretion.

No order is final until accepted by us. Confirmation emails, text messages, order numbers, or charges do not necessarily constitute final acceptance. We may verify information before acceptance and may request additional information from you at any time.

6. Products; Substitutions; Variation; Availability

You acknowledge and agree that flowers, plants, food items, beverages, gifts, and other products are subject to seasonal, regional, vendor, fulfillment, and inventory variation.

Product photographs, colors, sizes, floral varieties, vase styles, containers, packaging, decorative elements, gift items, and presentation are illustrative only and may vary materially from the delivered product. We reserve the right to substitute flowers, stems, containers, vessels, packaging, gift items, product components, accents, or other elements with items of equal or greater value, and to make such substitutions with or without notice, in our sole discretion.

We do not guarantee exact duplication of any photograph, arrangement, floral recipe, product image, color tone, bloom stage, botanical variety, or design aesthetic. Variations from photos, descriptions, and prior arrangements are expected and accepted as part of the Services.

7. Delivery; Attempted Delivery; Risk of Loss

Delivery windows and timing are estimates only. We do not guarantee delivery at any particular time unless expressly agreed by us in writing, and even then all delivery commitments remain subject to events beyond our control and operational realities.

You are responsible for providing complete, accurate, and accessible delivery information. We are not responsible for non-delivery, delay, or additional charges resulting from inaccurate or incomplete information, gated access issues, business closures, recipient unavailability, refusal by recipient, unsafe delivery conditions, inaccessible premises, or inability to contact the recipient or sender.

Unless prohibited by law or specifically restricted by us, deliveries may be left unattended at the delivery location, with a receptionist, front desk, neighbor, doorman, mail room, or other person or place reasonably believed to be associated with the recipient or address. Delivery may be deemed completed upon such drop-off or attempted delivery.

As between you and French Florist, the sender assumes the risk of loss, damage, deterioration, theft, weather exposure, temperature exposure, or recipient dissatisfaction once delivery has been completed or reasonably attempted.

8. Pricing; Payment; Taxes

All prices are shown in U.S. dollars unless otherwise stated. Prices, fees, service charges, delivery charges, surge charges, convenience fees, handling charges, taxes, and other charges may change at any time without notice.

You agree to pay all amounts due in connection with your use of the Services, including applicable taxes, fees, surcharges, tips, subscription fees, recurring fees, replenishment charges, and other charges. You authorize us and our payment processors to charge your chosen payment method for all such amounts.

We may use third-party payment processors and reserve the right to preauthorize, verify, place holds on, or decline transactions. You represent and warrant that you are authorized to use the payment method you provide.

If you enroll in any subscription, membership, recurring billing, replenishment, or auto-renew feature, you authorize us to charge your payment method on a recurring basis in accordance with the applicable terms presented at the time of enrollment, until cancelled or terminated.

9. Returns; Credits; Refunds; Remakes; Cancellations

Because many of our products are perishable, customized, time-sensitive, or made to order, all claims must be reported to us within twenty-four (24) hours of delivery or attempted delivery. We may require photographs, videos, or other supporting information, and you agree to provide such materials promptly if requested.

If we determine, in our sole discretion, that a credit, replacement, remake, partial credit, or refund is appropriate, we may provide one in the form and amount we choose. Store credit is our preferred remedy in most cases. Refunds or remakes may be offered only in outstanding circumstances and only in our sole discretion.

We reserve the right to deny any claim where requested documentation is not timely provided, where the issue was caused by inaccurate delivery information, where products were left unattended, where natural floral or botanical variation is involved, where the product was mishandled after delivery or attempted delivery, or where the claim otherwise falls outside our policies or discretion.

Orders may not be canceled once design, processing, routing, production, sourcing, or preparation has begun, as determined by us in our sole discretion.

Gift cards, promotional credits, loyalty redemptions, memberships, subscriptions, custom work, event work, specialty orders, corporate orders, and prepaid offerings may be non-refundable, non-returnable, non-transferable, or subject to additional conditions.

10. Gift Cards; Credits; Loyalty; Memberships; Promotions

We may offer gift cards, loyalty credits, points, memberships, subscriptions, promotional codes, referral credits, discounts, and other incentives or stored-value features (collectively, “Programs”). All Programs are revocable, limited, non-transferable, and subject to modification, suspension, or termination at any time in our sole discretion, with or without notice, except as prohibited by applicable law.

We reserve the right to:

  • change earning rules, redemption rules, expiration periods, eligibility criteria, or value calculations;
  • void, reverse, or refuse any credit, point, reward, gift card, or benefit;
  • restrict or terminate participation;
  • expire any Program benefit to the fullest extent permitted by law; and
  • correct errors, omissions, or abuse relating to any Program.

Programs have no cash value unless required by law. Abuse, fraud, resale, manipulation, or bad-faith conduct may result in suspension, forfeiture, cancellation, or legal action.

11. SMS Terms and Mobile Messaging Program

By providing a mobile telephone number to us, placing an order, creating or accessing an account, submitting a form containing mobile disclosures, texting a keyword, or otherwise affirmatively opting in, you agree to receive text messages (SMS, MMS, or RCS) from French Florist and, where applicable, from the French Florist location fulfilling your order, of the categories described in this Section 11 (collectively, the “Messaging Program”).

A. Transactional and Service Messages

The Messaging Program is used primarily to send transactional and service-related messages tied to a specific order or account, including order confirmations, order updates, delivery notifications, courtesy delivery check-ins, account alerts, and verification or authentication messages (collectively, “Service Messages”). Service Messages may include a request that you share feedback or leave a review of your experience. Service Messages will never include a promotional code, discount, coupon, or other offer; inclusion of such an offer is what distinguishes a Marketing Message (defined below) from a Service Message, and we do not include offers in Service Messages.

B. Marketing Messages

From time to time, and only where we have obtained your separate, express opt-in consent through a clear and conspicuous consent mechanism presented to you at the time of signup, we may send marketing messages that include promotional offers, discounts, loyalty or rewards communications, cart reminders, seasonal or win-back campaigns, or other marketing content (“Marketing Messages”). Consent to receive Marketing Messages is never required as a condition of purchasing any property, goods, or services, and is separate from, and in addition to, your agreement to these Terms.

C. Recipient Messages

If you are the sender of an order and elect a delivery-notification or recipient-update option at checkout, you represent and warrant that you are authorized to provide the recipient’s mobile number for the limited purpose of sending that recipient Service Messages related to the delivery of that specific order. We will not send Marketing Messages to a recipient based on a sender’s consent, and a recipient will not receive Service Messages regarding an order unless the sender selects a checkout option that provides for recipient notification.

D. Automated and AI-Assisted Technology

Messages sent under the Messaging Program may be generated or delivered using automatic telephone dialing systems, automated technology, and, where disclosed to you at the point of opt-in, artificial intelligence-assisted messaging tools, to the fullest extent permitted by law.

E. Representations

You represent and warrant that: (i) the mobile number you provide is your own number, that you are the authorized or customary user of that number, or, in the case of a recipient number you provide as a sender, that you are authorized to provide it for the limited purpose described in Section 11.C; (ii) you are authorized to incur any charges associated with messages sent to the number you provide; and (iii) you will promptly notify us if the number changes.

F. Message Frequency; Fees

Message frequency varies depending on your orders and account activity. There is no fee charged by us for Service Messages or Marketing Messages, but your mobile carrier’s message and data rates may apply. Please consult your carrier for details.

G. Opt-Out

You may opt out of a given category of recurring messages at any time by replying STOP to a message in that category; opting out of Marketing Messages will not affect your receipt of Service Messages regarding your orders, deliveries, or account, which we may continue to send to the extent permitted by law. For assistance, reply HELP or contact us at info@frenchflorist.com. After you reply STOP, we will send a one-time confirmation message (or, if you are enrolled in more than one messaging category, a message confirming or clarifying which category has been discontinued).

H. Carrier Disclaimers

Carrier participation is not guaranteed, and supported carriers may change without notice. Neither we nor any carrier guarantees message delivery, timing, or accuracy, and neither we nor any carrier will be liable for delayed or undelivered messages, including delays or failures caused by equipment range and functionality, network capacity, terrain, buildings, foliage, weather, or other factors beyond our reasonable control.

I. Centralized Program; No Independent Location Messaging

The Messaging Program is administered on a centralized, company-managed platform using pre-approved message templates, consent-capture mechanisms, suppression lists, and STOP/HELP handling. Individual French Florist locations, including Franchise Locations (as defined in Section 25), and their owners, operators, and personnel, are not authorized to send text messages to customers outside of the centralized Messaging Program, and no such location may establish its own separate texting program without our prior written approval.

J. Modification

We reserve the right to modify, suspend, terminate, or replace the Messaging Program, including any short code, long code, toll-free number, campaign, or messaging feature, at any time, with or without notice.

K. Liability

To the fullest extent permitted by law, you agree that we and our Related Parties (as defined in Section 18) shall not be liable for delayed, failed, or misdirected messages; for information transmitted through the Messaging Program; for errors in message content; or for any action you may or may not take in reliance on any message.

12. Email; Push; Social; Other Communications

By using the Services, you consent to receive communications from us electronically, including by email, in-app message, push notification, social media communication, direct message, or other electronic means, for transactional, account, service, legal, operational, and, where permitted, marketing purposes.

You are responsible for keeping your email address, mobile number, and other contact information current and capable of receiving communications from us.

Marketing emails we send will include a functional unsubscribe mechanism, accurate sender and subject-line information, and any other disclosures required under the federal CAN-SPAM Act and applicable state commercial electronic mail laws. You may opt out of marketing emails at any time using the unsubscribe link included in those emails; opting out of marketing emails will not affect transactional, account, or service-related emails, which we may continue to send to the extent permitted by law.

13. User Content and License to French Florist

The Services may allow you to submit or transmit reviews, comments, ratings, messages, photographs, videos, audio, card messages, custom notes, personalized video messages, social media content, testimonials, survey responses, ideas, suggestions, or other content (collectively, “User Content”).

You retain whatever ownership rights you may have in your User Content, but by submitting, uploading, transmitting, displaying, posting, or otherwise making User Content available through or in connection with the Services, you grant French Florist and its affiliates, licensees, successors, assigns, vendors, service providers, marketing partners, and designees a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up right and license to use, host, store, reproduce, distribute, modify, adapt, edit, create derivative works from, publish, publicly display, publicly perform, transmit, commercialize, exploit, analyze, train systems on, and otherwise use such User Content in any media or format now known or later developed, for any lawful business purpose, including marketing, advertising, merchandising, analytics, training, product development, and internal business purposes.

You represent and warrant that:

  • you own or control all rights necessary to grant this license;
  • your User Content does not violate any law or third-party right;
  • your User Content is accurate to the best of your knowledge; and
  • your User Content complies with these Terms.

We may, but are not obligated to, monitor, review, edit, remove, reject, or moderate User Content at any time and for any reason, in our sole discretion.

14. Prohibited Conduct

You may not use the Services:

  • for any unlawful, fraudulent, deceptive, harmful, abusive, harassing, defamatory, obscene, or infringing purpose;
  • to violate the legal, privacy, publicity, or intellectual property rights of any person or entity;
  • to submit false delivery information, false identities, or misleading payment information;
  • to abuse promotions, gift cards, credits, loyalty features, or customer service channels;
  • to interfere with or disrupt the Services;
  • to access or attempt to access any non-public portion of the Services;
  • to use bots, crawlers, scrapers, spiders, data-mining tools, automated scripts, or similar means without our prior written permission;
  • to reverse engineer, decompile, disassemble, mirror, frame, or reproduce any part of the Services except as expressly permitted by us;
  • to use the Services or any content for competitive benchmarking, competitive intelligence, or to train third-party systems without our prior written consent;
  • to transmit any virus, malware, malicious code, or harmful material; or
  • in any way that could damage, disable, overburden, or impair the operation, security, or integrity of the Services, or that could infringe or misappropriate the intellectual property or other legal rights of French Florist or others.

Nothing in this Section 14, or elsewhere in these Terms, is intended to, or shall be interpreted or enforced to, restrict, penalize, or discourage you from writing or posting a truthful review, or otherwise sharing a truthful assessment, of French Florist or its products or services, whether positive or negative, in any public forum, consistent with your rights under California Civil Code Section 1670.8 and the federal Consumer Review Fairness Act. This Section 14 is directed at unlawful, fraudulent, and harmful conduct, and does not limit your ability to share an honest opinion of our products or services.

15. Intellectual Property

The Services, and all content, trademarks, logos, trade dress, designs, text, graphics, photographs, videos, software, source code, object code, features, functionality, data compilations, and other materials made available through the Services, are owned by French Florist or its licensors and are protected by applicable intellectual property and proprietary rights laws.

Except for the limited right to use the Services for their intended purpose in accordance with these Terms, no right, title, or interest is transferred to you. All rights not expressly granted are reserved by French Florist.

16. Artificial Intelligence; Personalization; Future Features

We may use automated systems, machine learning, artificial intelligence, rules-based tools, personalization systems, recommendation engines, fraud-detection tools, geolocation tools, analytics technologies, pricing engines, segmentation tools, and similar technologies in connection with the Services. We may also add future features, programs, products, channels, marketplaces, memberships, recurring services, promotional systems, and fulfillment methods without separately amending these Terms each time.

Your use of any such feature remains subject to these Terms and any supplemental terms we may provide.

17. Third-Party Services and Fulfillment Partners

The Services may involve third-party florists, delivery partners, couriers, marketplaces, payment processors, platforms, social media providers, analytics providers, carriers, communications providers, and other third parties. We may rely on such parties in connection with fulfillment, payment processing, communications, tracking, advertising, support, operations, and related services.

We do not control and are not responsible for third-party products, services, performance, content, policies, systems, downtime, or conduct except as required by law.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, ALL PRODUCTS, ALL DELIVERIES, ALL CONTENT, AND ALL FEATURES ARE PROVIDED BY FRENCH FLORIST AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, PARTNERS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE “RELATED PARTIES”) ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, FRENCH FLORIST AND ITS RELATED PARTIES DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, QUIET ENJOYMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR MEET YOUR EXPECTATIONS.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • ANY PRODUCT WILL EXACTLY MATCH A PHOTO OR DESCRIPTION;
  • ANY DELIVERY WILL OCCUR AT A PARTICULAR TIME;
  • ANY MESSAGE OR COMMUNICATION WILL BE RECEIVED;
  • ANY FEATURE WILL REMAIN AVAILABLE;
  • ANY DEFECT WILL BE CORRECTED; OR
  • ANY SERVICE WILL BE FREE OF INTERRUPTION, DELAY, MALFUNCTION, OR HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRENCH FLORIST OR ITS RELATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR USE, ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, DELIVERIES, COMMUNICATIONS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FRENCH FLORIST AND ITS RELATED PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, DELIVERIES, COMMUNICATIONS, OR THESE TERMS SHALL NOT EXCEED THE LESSER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100); OR (B) THE AMOUNT YOU PAID TO FRENCH FLORIST FOR THE SPECIFIC ORDER OR TRANSACTION GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT PROHIBITED BY LAW.

20. Assumption of Risk

Certain flowers, plants, foods, beverages, candles, fragrances, chocolates, and other products may be perishable, fragile, allergenic, toxic, temperature-sensitive, pet-toxic, or otherwise potentially hazardous depending on use, handling, environment, species, or recipient circumstances. You knowingly assume all risks associated with ordering, sending, receiving, handling, displaying, consuming, gifting, or storing such products.

You are solely responsible for determining whether any product is appropriate for the sender, recipient, household, child, pet, business, or environment involved.

21. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless French Florist and its Related Parties from and against any claims, demands, actions, damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • your use of the Services;
  • your breach of these Terms;
  • your User Content; or
  • your violation of any law or third-party right.

22. Dispute Resolution; Binding Arbitration; Class Action and Mass Arbitration Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY DECIDE YOUR CLAIM, AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

A. Agreement to Arbitrate

You and French Florist (which, for purposes of this Section 22, includes French Florist’s Related Parties as intended third-party beneficiaries) agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any order, any product, any communication (including any Service Message or Marketing Message), or the relationship between you and French Florist (each, a “Dispute”) will be resolved by binding, individual arbitration rather than in court, except as expressly provided in this Section 22.

B. Informal Resolution First

Before filing an arbitration demand, you and French Florist each agree to first send the other party a written description of the Dispute, the relief sought, and the factual basis for the claim (to French Florist, at the address in Section 30) and to allow at least thirty (30) days for the parties to attempt to resolve the Dispute informally. Compliance with this Section 22.B is a condition precedent to filing an arbitration demand.

C. Arbitration Procedures

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (including, if applicable, its Supplementary Rules for Multiple Case Filings) in effect at the time the arbitration is initiated (available at www.adr.org), except as modified by this Section 22. The arbitration will be conducted by a single neutral arbitrator. Unless you and French Florist agree otherwise, the arbitration will be conducted in the county where you reside or by videoconference or another remote method, and any in-person hearing will be held at a location reasonably convenient to you. The arbitrator will apply the substantive law identified in Section 23 and will issue a written decision stating the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court of competent jurisdiction.

D. Delegation

Except as provided in this Section 22.D, the arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 22 (the “Arbitration Agreement”), including any claim that all or part of the Arbitration Agreement is void or voidable. However, any dispute about the interpretation, applicability, or enforceability of the class, collective, and representative action waiver in Section 22.E, or of the Mass Filing provisions in Section 22.F, will be decided by a court of competent jurisdiction and not by an arbitrator.

E. Class Action, Class Arbitration, and Representative Action Waiver

You and French Florist agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Unless both you and French Florist agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, or representative proceeding. If a court decides that this Section 22.E is unenforceable as to a particular claim or request for relief, that claim or request for relief (and only that claim or request for relief) must be brought in court, and any remaining claims will proceed in arbitration.

F. Mass Filing / Batch Arbitration Protocol

This protocol is intended to promote the efficient and orderly resolution of claims when many similar arbitration demands are filed around the same time, and to preserve the individualized, bilateral nature of arbitration contemplated by this Arbitration Agreement.

  • Definition. A “Mass Filing” means the filing or coordinated submission, within a sixty (60) day period, of thirty (30) or more individual arbitration demands (a) against French Florist or its Related Parties, (b) that are filed by, or with the assistance or coordination of, the same law firm(s), attorney(s), or claims aggregator(s), and (c) that assert the same or substantially similar claims involving common questions of law or fact.
  • Batching. Where a Mass Filing occurs, demands subject to the Mass Filing will be administered in sequential batches of no more than fifty (50) individual demands each, in an order agreed by the parties or, absent agreement, selected by the administrator. Each batch will be treated as a single arbitration proceeding for purposes of administrative and filing fees, and only one batch will proceed at a time.
  • Bellwether Process. From the first batch, each side may select up to five (5) individual demands (ten (10) total) to proceed first as bellwether arbitrations. The remaining demands in that batch, and all demands in subsequent batches, will be stayed pending resolution of the bellwether arbitrations. Following the bellwether awards, the parties agree to engage in a global mediation session, with a mutually agreed mediator, regarding the remaining demands in the Mass Filing before any additional demand proceeds to arbitration.
  • Fees. Each side will bear the administrative and arbitrator fees associated with the bellwether arbitrations as provided under the applicable AAA rules and Section 22.G. Filing and administrative fees for demands held in abeyance under this batching protocol are not due unless and until the demand is selected to proceed in an active batch.
  • Counsel Certification. Counsel or a claims aggregator submitting multiple arbitration demands on behalf of claimants agrees, upon French Florist’s request, to certify that they have a good-faith factual and legal basis for each individual claim submitted.
  • Administrator Unable to Batch. If the administrator selected under Section 22.C is unable or unwilling to administer a Mass Filing consistent with this Section 22.F, the parties agree to select, by mutual agreement or, absent agreement, by motion to a court of competent jurisdiction, an alternative arbitration administrator capable of doing so, and the arbitration will otherwise proceed under the terms of this Arbitration Agreement.
  • Consolidation Limited to Administration. Nothing in this Section 22.F consolidates claims for purposes of liability, damages, or any substantive determination; each individual claim will be decided on its own individual merits and evidence.

G. Fees and Costs

French Florist will pay the administrative and arbitrator fees and costs for any individual arbitration to the extent required by the applicable AAA Consumer Arbitration Rules, so that you do not pay more than you would to file a claim in a small claims or comparable court. French Florist will not seek to recover its attorneys’ fees or costs in arbitration unless the arbitrator finds your claim frivolous or brought for an improper purpose.

H. Opt-Out Right

You may opt out of this Arbitration Agreement by sending written notice to the address in Section 30, or to arbitration-optout@frenchflorist.com, within thirty (30) days of the date you first became subject to this Arbitration Agreement (for example, by first accepting these Terms). Your notice must include your name, the mobile number or email address associated with your account or order, and a clear statement that you wish to opt out of this Arbitration Agreement. Opting out will not affect any other provision of these Terms and will not affect any arbitration agreement you may have separately entered into with us.

I. Exceptions

Notwithstanding the foregoing:

  • either party may bring an individual action in small claims court for a Dispute that qualifies;
  • either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or confidential information; and
  • if, and only to the extent, applicable law prohibits a waiver of a claimant’s right to pursue public injunctive relief in any forum, that specific claim for public injunctive relief will be determined by a court after the arbitration of all other claims, and the remainder of this Arbitration Agreement will otherwise remain in effect and enforceable.

J. Severability of This Section

If any part of this Section 22, other than Section 22.E or 22.F, is found unenforceable, the remainder of this Section 22 will remain in full force and effect. If Section 22.E (the class, collective, and representative action waiver) is found unenforceable with respect to a particular Dispute, that Dispute will proceed in court rather than in arbitration, but every other Dispute must still be arbitrated under this Section 22. If this entire Section 22 is found unenforceable, the exclusive jurisdiction and venue for any Dispute will be as set forth in Section 23, and both parties waive, to the fullest extent permitted by law, any right to a jury trial.

K. Survival

This Section 22 survives termination of your relationship with French Florist and any termination or expiration of these Terms.

23. Governing Law; Venue

These Terms, and any Dispute not subject to arbitration under Section 22, are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that Section 22 (Dispute Resolution; Binding Arbitration) is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. For any Dispute properly brought in court (including under Section 22.I), you and French Florist agree that the state and federal courts located in Los Angeles County, California have exclusive jurisdiction and venue, and each party consents to the personal jurisdiction of those courts and waives any objection to venue in those courts. If you reside outside the United States, or in a jurisdiction that provides you with non-waivable consumer protections regarding choice of law or forum, nothing in this Section 23 overrides those protections.

24. Electronic Contracting; Acceptance of These Terms

You agree that your access to, browsing of, registration for, or use of the Services, and any action manifesting assent to these Terms, including clicking “Place Order,” “Sign Up,” “Create Account,” “Continue,” “I Agree,” or a similarly worded button presented adjacent to or together with a reasonably conspicuous reference to these Terms, constitutes your electronic signature and your knowing and voluntary acceptance of, and agreement to be bound by, these Terms, to the same extent as if you had signed a paper copy. This consent to conduct transactions electronically applies to these Terms and to all related notices, disclosures, and communications, to the fullest extent permitted by the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law, including the Uniform Electronic Transactions Act. You may withdraw your consent to receive communications electronically only by ceasing to use the Services; certain communications, however, may be required by applicable law to be provided in a particular form.

25. Franchise Locations; Independent Operators

Certain French Florist retail locations are independently owned and operated by franchisees pursuant to separate franchise agreements with French Florist Holdings Co. or its affiliates (“Franchise Locations”). Except as expressly stated otherwise, references in these Terms to “French Florist,” “we,” “us,” and “our” include Franchise Locations acting within the scope of their franchise relationship and in compliance with our brand, technology, messaging, and compliance standards, including the centralized Messaging Program requirements in Section 11.I. Franchise Locations are independently owned and operated, and their owners and personnel are not employees or agents of French Florist Holdings Co. for purposes of day-to-day staffing, employment, or local operational decisions. French Florist Holdings Co. does not control, and is not responsible for, the independent employment, staffing, or local operational decisions of any Franchise Location, except to the extent such Franchise Location is acting under centralized systems, standards, or instructions issued by French Florist Holdings Co.

26. Assignment

You may not assign or transfer any right or obligation under these Terms without our prior written consent, and any attempted assignment in violation of this Section 26 is void. We may assign or transfer these Terms, in whole or in part, without restriction or notice to you, including in connection with a merger, acquisition, corporate reorganization, financing, or sale of assets.

27. Severability

If any provision of these Terms, other than as specifically addressed in Section 22.J with respect to Section 22, is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

28. Entire Agreement; Waiver; No Third-Party Beneficiaries

These Terms, together with the Privacy Policy and any supplemental terms, policies, or disclosures referenced in or presented to you in connection with a specific product, promotion, or feature, constitute the entire agreement between you and French Florist regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, or communications, whether written or oral, regarding the same subject matter. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Except as expressly stated with respect to Related Parties in Sections 18, 19, 21, and 22, these Terms do not create any rights for any third party.

29. Force Majeure

French Florist will not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including acts of God, weather, natural disaster, fire, pandemic or public health emergency, war, terrorism, civil unrest, labor dispute, governmental action, utility or internet service failure, carrier or courier disruption, or supply chain disruption. This Section 29 supplements, and does not limit, the operational discretion and delivery provisions described in Sections 5 and 7.

30. Notices; Contact Information

Notices to French Florist under these Terms, including notices under Section 22 (Dispute Resolution), must be sent to: French Florist Holdings Co., 8658 West Pico Blvd, Los Angeles, CA 90035, Attn: Legal Department, or to info@frenchflorist.com. We may provide notices to you at the email address, mobile number, or mailing address associated with your account or most recent order. For general customer service inquiries, please contact us at info@frenchflorist.com.