Terms and Conditions
Last Modified: September 15, 2019
This Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Service.
Accessing the Website or Mobile Application and Account Security
We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
You are responsible for both:
• Making all arrangements necessary for you to have access to the Service.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or Mobile Application or portions of either using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You have the ability to add, modify, or delete your personal information that is in your “My Profile” page on your account profile. Such personal information includes your name, payment information, and delivery address(es). You may also request the French Florist to add, modify, or delete any of your information.
You have the right to terminate your account and you may do so by calling or emailing us.
We may contact you via push notification through the French Florist mobile application, via SMS text message to the number you provide us, or on social media, telephone, email, or physical mail. You may opt out of this service by calling or emailing us.
Procedures for Purchases
By accessing or using the French Florist Services, you agree to the various French Florist policies and procedures that apply to the purchase of the products or services offered through the French Florist Services, which are made part of these Terms. Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. French Florist reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.
You authorize French Florist to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits French Florist to (a) debit or credit your credit card, debit card, or other payment methods that we accept, such as Venmo, PayPal, Apple Pay, and/or Bitcoin (collectively, " Cards"); or (b) initiate recurring charges from your Cards if you sign up for a service that requires automatic billing. When you place an order, you authorize and order French Florist to commit your payment to the applicable French Florist entity. Your authorizations will remain in full force and effect while you maintain your account with French Florist.
When placing an order, you may be prompted to enter and we will collect information including names, addresses, phone numbers, credit card information and personal written or video messages for the sender and the recipient of the Service. More information may be collected if you provide it when prompted.
Refunds and Cancellations . Your purchase is final and nonrefundable once the preparation of your order has begun. No Product may be returned or refunded except as outlined in this section. You may cancel your order by email, phone call, or doing so through your profile/order page in the French Florist website or mobile application only if preparation on your order has not yet been initiated.
Prepaid and Gift Subscriptions are one-time transactions that cannot be cancelled or refunded.
Exchanges . We do not accept any product exchanges unless the Company determines, in its discretion, that the reason for your exchange is due to an error or damage caused by the Company or its courier.
Damaged Products . If the product arrives damaged (“ Damaged Product”), the Company will provide a replacement product if the original (damaged) product is returned by you and received by the Company OR a photograph showing damage is received by Company within 1 day of original shipment date. Please email any photos of damaged products to firstname.lastname@example.org. Provided that the Company confirms that your product was a Damaged Product and was returned in accordance with this Agreement, your sole and exclusive remedy is that we will send a replacement product or partial or full refund, in the Company’s sole discretion. In the event that the Company is unable to provide a replacement product or if replacement is not requested by you, the Company may at its sole discretion elect to refund the credit card, debit card, or other payment account used for purchase in the original amount of the purchase. If a replacement product is issued, we cannot guarantee that the replacement product will contain exactly the contents or will have the same theme as the originally provided product.
By purchasing products through our site, you will be able to earn “Loyalty Credits.” Our Loyalty Credits are a points-based system wherein the more purchases you make and the more you spend through our Website or Mobile Application, the more points you earn to spend on future purchases of the Service.
We offer delivery by courier in select areas of California directly from our local shop in Los Angeles, California. We offer delivery by courier throughout the US and most non-US locations via our partner network of floral shops. We do not deliver to PO Boxes. Any delivery times provided by Company are estimates. All delivery areas are subject to change, at our discretion. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific time. No recipient signature is typically required for deliveries of our products. The courier may leave the package at the address whether the recipient or another person is available or not. We strongly encourage recipients to be at the delivery location to receive their package(s) as flowers and plants that remain outside are more likely to have reduced quality and a shortened life.
Intellectual Property Rights
The Website, Mobile Application and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
• Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or Mobile Application or any services or materials available through the Website or Mobile Application.
If you wish to make any use of material on the Website or Mobile Application other than that set out in this section, please address your request to: email@example.com.
The Company name, the term French Florist, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website and Mobile Application are the trademarks of their respective owners.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Mobile Application, or which, as determined by us, may harm the Company or users of the Website or Mobile Application, or expose them to liability.
Additionally, you agree not to:
• Use the Website or Mobile Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Mobile Application, including their ability to engage in real time activities through the Website or Mobile Application.
• Use any robot, spider, or other automatic device, process, or means to access the Website or Mobile Application for any purpose, including monitoring or copying any of the material on the Website or Mobile Application.
• Use any device, software, or routine that interferes with the proper working of the Website or Mobile Application.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, Mobile Application, the server on which the Website or Mobile Application is stored, or any server, computer, mobile device or database connected to the Website or Mobile Application.
• Attack the Website or Mobile Application via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website or Mobile Application.
The Website, Mobile Application and Social Media Outlets may contain message boards, chat rooms, personal web pages or profiles, forums, reviews, bulletin boards, blogs, or other interactive features (collectively, “ Interactive Services”) that allow users to post, submit, publish, display, or transmit to the Company, other users, or other persons (hereinafter, “ post”) content, information, messages, or materials (collectively, “ User Contributions”) on or through the Website, Mobile Application or Social Media Outlet. “User Contributions” includes our video message functionality that allows you to send a personalized and custom video message to the recipient of the products that you order, and our Content Standards apply to video messaging. “User Contributions” also includes posts, comments to post or polling features on social media outlets.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Mobile Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assign the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or Mobile Application.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Mobile Application.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Mobile Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website or Mobile Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that can be considered defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, it is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website or Mobile Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Mobile Application, or by anyone who may be informed of any of its contents.
This Website and Mobile Application include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, including the content provided by representatives of the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by representatives of the Company or any third parties.
Changes to the Website or Mobile Application
We may update the content on this Website or Mobile Application from time to time, but their content is not necessarily complete or up to date. Any of the material on the Website or Mobile Application may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website and Mobile Application
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods, services, or information formed through the Website or Mobile Application, or resulting from visits made by you, are governed by these Terms.
Additional terms and conditions may also apply to specific portions, services, or features of the Website or Mobile Application.
Linking to the Website or Mobile Application and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website or Mobile Application may provide certain social media features that enable you to:
• Link from your own or certain third-party websites or Mobile Applications to certain content on this Website or Mobile Application.
• Send emails or other communications with certain content, or links to certain content, on this Website or Mobile Application.
• Cause limited portions of content on this Website or Mobile Application to be displayed or appear to be displayed on your own or certain third-party websites or mobile applications.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website or profile that is not owned by you.
• Cause the Website or Mobile Application or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any website, mobile application or social media features and any links at any time without notice in our discretion.
Links from the Website or Mobile Application
If the Website or Mobile Application contains links to other sites and resources or advertisements provided by third parties, these links or advertisements are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or mobile applications linked to this Website or Mobile Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or mobile application.
The owner of the Website and Mobile Application is based in the State of California in the United States. We provide this Website and Mobile Application for use only by persons located in the United States. We make no claims that the Website and Mobile Application or any of their content is accessible or appropriate outside of the United States. Access to the Website or Mobile Application may not be legal by certain persons or in certain countries. If you access the Website or Mobile Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Mobile Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR Mobile Application OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR Mobile Application OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE or Mobile Application LINKED TO the website or mobile application.
YOUR USE OF THE WEBSITE and Mobile Application, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE and mobile application are AT YOUR OWN RISK. THE WEBSITE and Mobile Application, their CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE and Mobile Application ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE and Mobile Application. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE and Mobile Application, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE and Mobile Application WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE and Mobile Application OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE and Mobile Application WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
Certain plants and/or flowers may be toxic to humans and/or pets. Food items that we sell, such as chocolate, may also be toxic to pets or contain ingredients that are allergens. By purchasing our products, you are assuming the risk of doing so and you acknowledge that you are aware that plants, flowers, and foods may be toxic to different humans and/or animals.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) THE GREATER OF $250.00 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONSUMED PRODUCT, IN THE LAST ONE (1) MONTH OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
Th Website and Mobile Application are operated by French Florist, 8658 W Pico Blvd, Los Angeles, CA 90035
All notices of copyright infringement claims should be sent to firstname.lastname@example.org.
All other feedback, comments, requests for technical support, and other communications relating to the Website or Mobile Application should be directed to: email@example.com.