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Terms of Use

 

 

 

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The Company is an independently owned and operated floral shop Flower Cottage.  We welcome you to our Website. These Terms of Use, along with our Privacy Policy, apply to the operation of our Website and all transactions and communications we have with you via the Website (collectively the "Service"). These Terms of Use only apply to the online Services to which it is linked.

The goal of the Service is to provide access to our wide selection of floral, plant, gift basket, gourmet food, and gift products and services. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you.

Note: You must be 18 years or older to open an account or place an order on Website.  BY ACCESSING THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE BY, THESE TERMS OF USE.

Ownership and Copyrights

This Website and the Service are independently owned and operated by the Company. Generally the content on the Website is owned and controlled by the Company. All other third party names, logos, copyrights, trademarks, product names, and images appearing on the Website are the property of their respective owners.

Disclaimers and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER  THE COMPANY OR ITS AFFILIATES, NOR ANY THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE; THE SOLE MAXIMUM LIABILITY OF THE COMPANY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN EQUIVALENT FLORAL ARRANGEMENT OR AFFECTED FOOD STUFF PRODUCT AS SOON AS REASONABLY PRACTICABLE.  THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE PRODUCTS, SERVICES OR THIS HOSTING OF THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES.

UNLESS OTHERWISE SPECIFICALLY STATED TO THE CONTRARY, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ("OFFERS') ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. VOID WHERE PROHIBITED.

THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL ORDERS, OFFERS, PROMOTIONS, DISCOUNTS IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Service Providers

Some aspects of the Services may be dependent upon a third party service provider, such as a website hosting service, wireless carrier or social media platform. We do not control such third party service providers and are not liable for their acts or omissions. In addition, such third party service provider may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using the Services through such third party service provider.

The Company's Rights

The Company reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) that it deems in its sole discretion to be harmful to users of the Service, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, the Company or its Affiliates, or any rights of the Company or any third party, or to violate any applicable law.

Privacy Policy

We recognize and respect the importance of maintaining the privacy of our customers and have established a privacy policy as a result. In our Privacy Policy, which constitutes part of these Terms of Use, we describe why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. We encourage you to carefully read our Privacy Policy.

Termination of Usage

The Company may terminate your access, or suspend your access to all or part of the Service, without notice, for any reason, including conduct that the Company, in its sole discretion, believes is a violation or breach of these Terms of Use, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider.

Severability

If any term or other provision of these Terms of Use are deemed by a final court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of this these Terms of Use shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to effect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled and the Company and its Affiliates are protected to the greatest extent possible.

SUBSTITUTION POLICY

Please note: By placing an order on our website, you agree to accept our "Terms and Conditions" regarding "Substitution" as outlined below. If this is unacceptable, please call us directly at 1-402-556-5652 to discuss your needs.

Our Substitution Policy

It is extremely important to note that floral arrangements are hand made using one of nature's wonderful gifts. Size, quantity of flowers and color variations may vary from the images on our site. Seasonal and regional conditions affect availability.

Occasionally, substitutions of flowers, plant material, fresh fruit/gourmet products and the containers pictured may be necessary.

If a substitution is required, we follow strict guidelines to maintain the same "look and feel" of the item you have selected.

How do we maintain the same, "look and feel"?

In single-flower arrangements, such as a dozen roses, we will make every attempt to match the flower choice you have selected, but may need to substitute with another color. For example, if you selected 12 Yellow Roses, and Yellow are not available from our local shop on the day you request delivery, another color rose may be delivered.

In mixed floral arrangements, substitutions of flowers types may be required to maintain the same look and feel. For example, if you order a "Spring arrangement" which includes Iris, and the Iris is not available on the day you request delivery, another flower of equal or greater value will be used in the same color theme as the whole arrangement.

In single plant and planter gardens, we will substitute with a plant or plants of equal or greater value. Green plants will be substituted with other green plants and blooming plants will be substituted with other blooming plant material. Color of blooming plants may vary.

In fruit and gourmet baskets, similar seasonal fruit will be substituted. Gourmet product will be substituted with equal or greater value.

Additionally, the substitution of certain keepsake items may be necessary due to increased demand, especially during major holidays. In single-flower arrangements, such as an all rose bouquet, or orchids, we will make every attempt to match the flower type, but may substitute with another color.

Please note, photographic props (and props in the foreground or background) such as balloons, cakes, flower stands, Candles, Napkins, Silverware, etc. do not come with your purchase unless it is itemized in the description, such as: Arrangement with balloons or actually placed in the arrangement such as a candle in the center of a flower arrangement.