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Terms of Use

 

 

 

 

 

 

 

 

 

 

The Company is an independently owned and operated floral shop (the “Company”).  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.

Return and Refund Policy

If you are not satisfied with any floral arrangement delivered or picked  simply contact a floral team member at 614-836-5651.  We strive to make every arrangement with the highest quality and care. We are determined and dedicated to make ever arrangement and purchase right. That may be replacement of original arrangement, product exchange in store, gift card, partial refund or full refund of purchase.  Once we have determined the situation, we will work for a solution.

  If an order has been filled, picked up or delivered and there is a question about the quality of arrangement, design or flowers the recipient or customer should contact us immediately within 24 hours.  In almost every situation we will gladly replace with equal value with in our 24-hour time frame. Fresh Arrangements, planters and fresh bouquets need special attention and care. Customer and recipient must understand and follow care instructions. This is crucial to the quality and longevity of product.  Fresh flowers are temperature sensitive. We do not guarantee floral arrangements if reported over a 24 hour time period. 

The Flower Boutique is not responsible for any order if recipient refuses to accept the arrangement/product.  No refund will be issued to any customer when a recipient for whatever reason refuses the item delivered.

If the customer whom placed the floral order has designated the wrong product, including color, design and product selection. Date of delivery or pick-up. Wrong address or customer request item to be left and the item has been completed, no refund will be issued.

If the customer whom placed the order does not have the correct name, location and calling hours, they must inform a floral team member to confirm all information with the funeral home or newspaper obituary.  If item is delivered with wrong name, location or time and a floral team member was not advised to confirm information no refund will be issued. 

Substitutions

Due to seasonal, regional and weather conditions availability of some flowers may be limited or unavailable.  Certain specific floral selection and varieties including colors and quality may not be up to our standards.  The Flower Boutique reserves the rights to make substitution with a similar look and feel with the same quality and design. 

Cancellations

If a customer places an order and needs to cancel, the cancellation must be made prior to delivery of order. If places an order for pickup call a floral team member for the fastest response 614-836-5651.  If a cancellation is placed after and item has been delivered, no refund will be issued.  Customer is responsible for placing orders with correct information. In such situations customers can obtain new and correct information including recipient contact phone number for re-delivery. An additional delivery fee may apply if a farther out location. If the customer gives us incorrect address, business name, or recipient if this prevents us from delivering to correct address. Or if flowers are accepted at the wrong address, no refund will be issued.

If customer is booking a wedding/party and has put in our mandatory $50.00 down payment to hold the date, The Flower Boutique reserves the right to keep the $50.00 non-refundable deposit. We only book one wedding/party per weekend. When a customer puts a non-refundable deposit and the event has been canceled The Flower Boutique reserves the right to be compensated for the consultation time, event work. The Flower Boutique and or any employees may terminate a wedding contract due to non-cooperation, unprofessional actions of bride, bridal party or affiliated members. 

Business/House and Personnel Accounts

 Business, House and Personnel accounts were developed to provide high quality arrangements and products with easy and convenience.  Our friendly and helpful staff will work together to build a business partnership. We specialize in corporate gifting. Custom designs with a corporate discount. Secure business, house and personnel billing.  Easy and convenient website or call in customer service ordering.  We offer same day delivery if ordered by 2:00.  Pick- up orders available until 5:30.  We are members of the largest wire services and have the ability to send flowers not only nationwide, but internationally.  

Delivery

 When ordering flowers online or through a floral team member delivery fee varies.  Same day delivery must be placed before 2:00pm. In the city of Groveport limits there is no delivery fee.  Includes all Side Street and Main Street in Groveport. Delivery ranges are applied with additional areas.  Our deliveries times are determined and scheduled due to listed times and calling hours. We deliver Monday- Saturday, Closed on Sunday unless a holiday. Priority deliver is on funeral deliveries. Holiday Deliveries- We ask for your patience and corporation with getting your floral gift delivered. We make every effort to make all deliveries in a timely and quick fashion. Item must have a valid phone number upon order for delivery and pick-up. Call check is a standard procedure upon delivers to confirm location, correct address and customer availability. If the customer wants to obtain the element of surprise, please indicate to our floral team member upon phone order, or special instructions on website order.  All items must be paid in full before delivery. E-mail confirmation of your delivery upon request. If a cancellation is placed after and item has been delivered, no refund will be issued.  Customer is responsible for placing orders with correct information. In such situations customers can obtain new and correct information including recipient contact phone number for re-delivery. An additional delivery fee may apply if a farther out location. If the customer gives us incorrect address, business name, or recipient if this prevents us from delivering to correct address. If flowers are accepted at the wrong address, no refund will be issued.  Safety is very important to us and our delivery service.  Due to certain weather conditions. The Flower Boutique reserves the right to close location and will reopen when weather permitting.  If recipient has a dog please indicated to our floral team so we can prepare our delivery service about a dog at location. If the dog is unfriendly or aggressive we will make arrangements to call check with recipient and leave item on the porch or where ever indicated by client.  The Flower Boutique reserves the right to deny any delivery.