Garden Florist Terms of Service

Effective Date: July 11, 2026

1. Introduction

Welcome to Garden Florist.

These Terms of Service (“Terms”) govern your access to and use of the Garden Florist website, including all associated webpages, online ordering services, digital communications, and any products or services offered through our website (collectively, the “Website” or “Services”).

Throughout these Terms, the words “Garden Florist,” “Company,” “we,” “our,” and “us” refer to Garden Florist and its owners, employees, contractors, affiliates, and authorized representatives.

The words “you,” “your,” and “Customer” refer to any individual or entity accessing our Website, creating an account, placing an order, requesting delivery, communicating with us, or otherwise using any portion of our Services.

These Terms constitute a legally binding agreement between you and Garden Florist.

If you do not agree with these Terms, you must discontinue use of the Website immediately and refrain from placing any orders through our Services.

2. Acceptance of These Terms

By accessing, browsing, using, or placing an order through our Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy and any additional policies referenced within this Website.

Your acceptance occurs whether or not you create an account.

Each order placed through Garden Florist constitutes your confirmation that you accept these Terms in their entirety.

If you are accessing the Website or placing an order on behalf of a business, organization, employer, or another individual, you represent and warrant that you possess the legal authority to bind that individual or organization to these Terms.

3. Changes to These Terms

Garden Florist reserves the right to modify, update, replace, or revise these Terms at any time to reflect changes in applicable laws, industry standards, business operations, technology, or our Services.

When material changes are made, we will update the “Effective Date” shown at the beginning of these Terms.

Unless otherwise required by applicable law, revised Terms become effective immediately upon publication on our Website.

Your continued use of our Website after updated Terms become effective constitutes your acceptance of those revised Terms.

If you disagree with any modification, your sole remedy is to discontinue using our Website and Services.

4. Eligibility

Our Services are intended only for individuals who are legally capable of entering into binding contracts under applicable law.

By using the Website, you represent and warrant that:

• You are at least eighteen (18) years of age, or the age of legal majority within your jurisdiction.
• Any information you submit is accurate, complete, and truthful.
• You possess the legal authority to enter into these Terms.
• Your use of the Website complies with all applicable federal, state, and local laws and regulations.

Garden Florist reserves the right to refuse service, suspend access, cancel orders, or terminate accounts if we reasonably believe any eligibility requirement has not been satisfied.

5. Geographic Availability

Garden Florist operates primarily within Brooklyn, New York, and surrounding delivery areas.

Although our Website may be accessible from other states or countries, our products and delivery services are intended primarily for customers located within our designated delivery zones.

Accessing the Website from outside the United States is done at your own initiative and risk. You are solely responsible for complying with any local laws applicable within your jurisdiction.

Garden Florist makes no representation that the Website or its Services are appropriate or available outside the United States.

6. Electronic Communications

By using our Website or communicating with Garden Florist electronically—including by email, SMS (where consent has been provided), online forms, or other digital communication methods—you consent to receive communications from us electronically.

These communications may include, without limitation:

• Order confirmations
• Delivery updates
• Customer support responses
• Security notices
• Billing information
• Account notifications
• Service announcements
• Promotional communications (where permitted by law and where you have provided any required consent)

Electronic communications satisfy any legal requirement that such communications be provided in writing.

7. Relationship Between the Parties

Your use of the Website does not create any partnership, joint venture, agency, employment relationship, franchise, fiduciary relationship, or other legal relationship between you and Garden Florist beyond that of customer and independent retailer.

Nothing contained within these Terms shall be interpreted as granting either party authority to bind the other to any obligation unless expressly stated in writing.

8. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Delivery Policy, Refund Policy, SMS Communications Policy, and any additional policies expressly incorporated by reference, constitute the complete agreement between you and Garden Florist regarding your use of the Website and Services.

These Terms supersede all prior communications, negotiations, understandings, or agreements relating to the same subject matter, whether written or oral.

If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

9. Products and Services

Garden Florist is an independent retail florist specializing in the design, preparation, sale, and delivery of fresh floral arrangements, plants, gift items, sympathy tributes, seasonal collections, and related floral products.

Our products are handcrafted by professional floral designers using fresh flowers and materials selected according to seasonal availability, design quality, and current inventory.

Because every arrangement is individually created, no two floral designs are exactly alike.

Garden Florist reserves the right to modify, discontinue, replace, or introduce products and services at any time without prior notice.

Availability of any product displayed on our Website does not guarantee that the product will remain available at the time an order is placed.

10. Fresh Floral Products

Flowers are natural, seasonal, and perishable products.

Their appearance, bloom stage, fragrance, size, color, and longevity naturally vary depending on growing conditions, weather, seasonality, and supplier availability.

By purchasing fresh flowers from Garden Florist, you acknowledge and accept these natural variations.

Minor imperfections that naturally occur in fresh flowers do not constitute defects.

11. Product Images

The photographs displayed throughout our Website are intended to represent the overall style, color palette, size, and design concept of each arrangement.

Actual floral arrangements may differ from the photographs shown.

Differences may include, without limitation:

• Flower varieties
• Bloom size
• Flower count
• Vase style
• Decorative accents
• Ribbon style
• Foliage
• Seasonal materials
• Packaging
• Color variations
• Bloom maturity

These differences are expected in custom floral design and do not constitute an error or defect.

Garden Florist makes every reasonable effort to create arrangements that closely resemble the product images while maintaining our quality standards.

12. Floral Substitutions

To ensure timely delivery and maintain the highest design quality, Garden Florist may substitute flowers, containers, foliage, decorative materials, or other design elements when necessary.

Substitutions may occur due to:

• Seasonal availability
• Weather conditions
• Supply shortages
• Quality standards
• Transportation delays
• Farm production changes
• Market availability
• Unexpected inventory limitations

Whenever substitutions are necessary, we will make commercially reasonable efforts to preserve:

• The overall design style
• The arrangement’s value
• The intended color palette
• The overall size
• The intended occasion
• The premium appearance of the arrangement

Whenever possible, substitutions will be of equal or greater value.

Garden Florist reserves sole discretion regarding appropriate substitutions while maintaining the artistic integrity of the arrangement.

13. Seasonal Availability

Certain flowers are naturally available only during specific times of the year.

Examples include, but are not limited to:

• Peonies
• Lily of the Valley
• Tulips
• Ranunculus
• Anemones
• Dahlias
• Certain orchids
• Specialty roses

Availability of these flowers cannot be guaranteed outside their normal growing seasons.

Garden Florist shall not be responsible for seasonal unavailability.

14. Custom Floral Designs

Garden Florist may offer custom floral arrangements based on customer preferences.

Custom requests are accepted on a best-effort basis and remain subject to flower availability, delivery schedules, design feasibility, and inventory.

Unless specifically guaranteed in writing, Garden Florist does not promise that a custom arrangement will exactly match photographs, inspiration images, Pinterest images, Instagram posts, or arrangements created by another florist.

Custom floral designs remain artistic interpretations created by our floral designers.

15. Gift Items and Non-Floral Products

Certain products offered through the Website may include:

• Plants
• Dish gardens
• Plush animals
• Chocolates
• Balloons
• Candles
• Gift baskets
• Greeting cards
• Decorative gifts
• Seasonal merchandise

Availability of these products may vary.

Manufacturers may occasionally modify packaging, colors, branding, or product appearance without notice.

Garden Florist reserves the right to substitute gift items with products of equal or greater retail value when necessary.

16. Product Care

Fresh flowers require proper care after delivery.

To maximize product longevity, customers should follow any care instructions provided by Garden Florist.

Garden Florist is not responsible for reduced vase life resulting from:

• Improper watering
• Exposure to extreme temperatures
• Direct sunlight
• Lack of maintenance
• Failure to trim stems
• Mishandling after delivery
• Pets or wildlife
• Customer negligence

The natural lifespan of flowers varies by species and cannot be guaranteed.

17. Availability Errors

Although Garden Florist makes every effort to maintain accurate inventory information, our inventory changes throughout the day.

A product displayed as available may become unavailable before an order is processed.

If a significant availability issue arises, Garden Florist may, at its discretion:

• Offer a comparable substitute.
• Contact the customer for alternative selections.
• Delay fulfillment until replacement materials become available.
• Cancel the affected portion of the order and issue an appropriate refund.

Garden Florist shall not be liable for inventory shortages beyond our reasonable control.

18. Product Pricing

All prices displayed on the Website are shown in United States Dollars (USD).

Prices are subject to change without prior notice.

Pricing errors may occasionally occur due to technical issues, system failures, human error, or third-party software.

Garden Florist reserves the right to correct pricing errors at any time, including after an order has been submitted.

If a material pricing error affects an order, we may contact the customer to provide available options, including order modification or cancellation with a full refund.

Garden Florist is not obligated to honor pricing that is clearly incorrect due to typographical, technical, or system errors.

19. Placing an Order

Orders may be placed through the Garden Florist Website, by telephone, or through any other ordering method expressly authorized by Garden Florist.

Submitting an order does not automatically constitute acceptance of that order.

Every order represents an offer by the Customer to purchase products or services from Garden Florist.

An order is considered accepted only after Garden Florist has reviewed the order and confirmed that it can reasonably fulfill the requested products and services.

Garden Florist reserves the right to refuse, decline, modify, or cancel any order at its sole discretion, including after payment authorization, subject to any applicable legal requirements.

20. Order Accuracy

Customers are solely responsible for reviewing all order information before submitting an order.

This includes, without limitation:

• Recipient’s name
• Delivery address
• Apartment or suite number
• Business name
• Hospital room information
• Funeral service information
• Telephone numbers
• Email addresses
• Delivery date
• Card message
• Selected products
• Quantities
• Billing information

Garden Florist is not responsible for delays, failed deliveries, or additional charges resulting from inaccurate, incomplete, or outdated information provided by the Customer.

21. Order Confirmation

After an order is successfully submitted, Garden Florist may send an electronic confirmation by email, SMS (where applicable), or both.

Receipt of an order confirmation acknowledges that we have received the order request.

An order confirmation does not guarantee product availability, delivery availability, acceptance of payment, or final acceptance of the order.

22. Payment Authorization

Payment must be successfully authorized before Garden Florist begins preparing an order.

Garden Florist reserves the right to delay production until payment authorization has been successfully completed.

If payment authorization fails, the order may be cancelled without notice.

23. Accepted Payment Methods

Garden Florist accepts approved payment methods displayed during checkout.

Payment processing may be provided by trusted third-party payment processors.

Garden Florist does not store complete payment card numbers on its own servers.

Customers agree to comply with the terms and conditions of any payment processor used to complete a transaction.

24. Pricing Errors

Although we strive for complete accuracy, pricing errors may occasionally occur due to:

• Human error
• Technical malfunction
• Software bugs
• Third-party integrations
• Website caching
• System synchronization delays

Garden Florist reserves the right to correct any pricing error before fulfilling an order.

If an incorrect price materially affects an order, Garden Florist may:

• Contact the Customer with the corrected price;
• Offer an alternative product;
• Cancel the order and issue a full refund; or
• Provide another commercially reasonable solution.

Garden Florist is not obligated to honor prices that are clearly incorrect due to typographical or technical errors.

25. Sales Tax

Applicable sales taxes will be calculated according to federal, state, and local tax laws.

Displayed prices may not include applicable taxes until checkout.

Customers remain responsible for any legally required taxes associated with their purchase.

26. Fraud Prevention

Garden Florist reserves the right to investigate any order that appears unusual, suspicious, or potentially fraudulent.

Examples may include:

• Mismatched billing and delivery information;
• Multiple declined payment attempts;
• Use of anonymous proxy services or VPNs intended to conceal identity;
• High-value purchases inconsistent with normal purchasing behavior;
• Orders placed using stolen or unauthorized payment methods;
• Multiple orders submitted within a short period using different payment credentials;
• Requests that appear intended to circumvent fraud prevention procedures.

To protect both Customers and Garden Florist, we may request additional verification before processing certain orders.

Requested verification may include confirmation of identity, payment authorization, billing information, or recipient information.

Failure to provide requested verification within a reasonable time may result in cancellation of the order.

27. Right to Refuse Orders

Garden Florist reserves the right to refuse any order, with or without prior notice, including but not limited to circumstances involving:

• Suspected fraud;
• Safety concerns;
• Product unavailability;
• Delivery impossibility;
• Violation of these Terms;
• Abusive or threatening conduct;
• Payment authorization failure;
• Pricing errors;
• Compliance with applicable law.

Where payment has already been captured for an order that is cancelled by Garden Florist, an appropriate refund will be issued to the original payment method.

28. Chargebacks

Customers agree to contact Garden Florist before initiating a payment dispute or chargeback with their financial institution whenever reasonably possible.

Garden Florist is committed to resolving legitimate customer concerns in good faith.

Knowingly initiating a fraudulent or unwarranted chargeback after products or services have been properly provided may constitute a breach of these Terms.

Garden Florist reserves the right to present all available evidence in response to any payment dispute, including but not limited to:

• Order confirmations;
• Payment records;
• Delivery confirmations;
• GPS delivery records, where available;
• Delivery photographs, where available;
• Recipient acknowledgments;
• Customer communications;
• Email records;
• SMS communications; and
• Any other documentation reasonably demonstrating fulfillment of the order.

Nothing in this section limits any legal rights available to either party under applicable law.

29. Promotional Offers and Discount Codes

From time to time, Garden Florist may offer promotional discounts, coupons, or special pricing.

Unless otherwise stated:

• Promotional offers have no cash value.
• Offers may not be combined.
• Offers may expire without notice.
• Garden Florist may modify or discontinue promotions at any time.
• Promotional codes may not be transferred, resold, or redeemed for cash.

Garden Florist reserves the right to cancel or refuse promotional discounts that have been obtained through abuse, fraud, technical manipulation, or violation of these Terms.

30. Order Modifications

Customers may request changes to an order before floral preparation begins.

Requested modifications are not guaranteed.

Once floral production has started, flowers have been ordered, or delivery preparation has begun, requested changes may no longer be possible.

Additional charges may apply when modifications require additional labor, materials, or delivery adjustments.

31. Customer Responsibility

Customers acknowledge that successful order fulfillment depends upon accurate information being provided at the time of purchase.

Garden Florist shall not be responsible for losses resulting from customer-provided errors, including incorrect recipient information, incomplete delivery instructions, inaccessible locations, or failure to respond to requests for clarification.

Customers remain responsible for reviewing all information before completing checkout.

32. Delivery Services

Garden Florist proudly provides local flower delivery throughout our designated service areas.

Delivery availability depends upon the destination, delivery schedule, product availability, weather conditions, traffic, holidays, and operational capacity.

Garden Florist reserves the right to modify delivery schedules or temporarily suspend deliveries whenever necessary to maintain the safety of our employees, customers, and products.

33. Delivery Areas

Delivery services are available only within the geographic areas designated by Garden Florist.

Delivery availability may change without prior notice.

If an order is placed for an address outside our service area, Garden Florist may:

• Cancel the order and issue a refund;
• Offer delivery for an additional fee;
• Recommend an alternative delivery date; or
• Decline the order if delivery is not reasonably possible.

34. Requested Delivery Dates

Customers may request a preferred delivery date during checkout.

Requested delivery dates are not guaranteed unless expressly confirmed by Garden Florist.

While we make every reasonable effort to complete deliveries on the requested date, circumstances beyond our control may require adjustments.

35. Same-Day Delivery

Garden Florist offers same-day delivery for eligible orders placed before the published daily cutoff time.

The daily cutoff time may vary depending on:

• Delivery volume
• Holidays
• Weather
• Product availability
• Staffing levels
• Local events
• Operational capacity

Orders received after the applicable cutoff may be scheduled for the next available delivery date.

Acceptance of a same-day order does not guarantee delivery at a specific hour unless a timed delivery service has been separately purchased and confirmed.

36. Delivery Time Windows

Unless otherwise agreed in writing, Garden Florist does not guarantee delivery at an exact time.

Customers acknowledge that floral deliveries are generally completed within delivery routes and operational schedules.

Estimated delivery windows are provided solely as a convenience and are not guaranteed.

37. Residential Deliveries

For residential deliveries, Garden Florist may complete delivery by:

• Handing the arrangement directly to the recipient;
• Delivering to another responsible adult at the residence;
• Leaving the arrangement in a reasonably safe location when appropriate;
• Following reasonable delivery instructions provided during checkout.

If Garden Florist determines that leaving flowers unattended may expose the arrangement to theft, weather damage, excessive heat, freezing temperatures, or other conditions likely to damage the product, we may attempt to contact the recipient before completing delivery.

38. Apartment Buildings and Gated Communities

Customers are responsible for providing complete access information, including:

• Apartment numbers;
• Building names;
• Gate codes;
• Entry instructions;
• Concierge information;
• Access telephone numbers.

Garden Florist is not responsible for delays caused by restricted access, unavailable building staff, locked entrances, or incomplete delivery instructions.

If access cannot reasonably be obtained, additional delivery charges may apply.

39. Office Deliveries

Office deliveries are subject to each business’s internal policies.

Garden Florist cannot guarantee:

• Personal delivery to an employee;
• Access beyond reception;
• Acceptance by office staff;
• Delivery after business hours.

Delivery to a receptionist, front desk, mailroom, security personnel, or other authorized employee may constitute completed delivery.

40. Hospital Deliveries

Hospital deliveries are subject to hospital regulations and patient availability.

Garden Florist is not responsible if:

• Hospital staff refuse floral deliveries;
• Certain flowers are prohibited;
• Patients have been discharged;
• Patients have been transferred;
• Hospital visitation policies change;
• Hospital staff accept delivery on behalf of the patient.

Customers are responsible for providing accurate patient information, including room numbers whenever available.

41. Funeral Home Deliveries

Garden Florist makes every reasonable effort to ensure timely delivery for funeral and memorial services.

Customers are responsible for providing accurate information including:

• Funeral home name;
• Service date;
• Service time;
• Deceased’s full name.

Garden Florist is not responsible for delays resulting from incorrect funeral information provided by the customer or changes made by the funeral home.

42. Recipient Unavailable

If the intended recipient is unavailable at the time of delivery, Garden Florist may, at its discretion:

• Leave the arrangement in a safe location;
• Deliver to another responsible person at the address;
• Leave the arrangement with building staff;
• Contact the recipient;
• Contact the purchaser;
• Return the arrangement for redelivery.

Additional delivery charges may apply if a second delivery attempt becomes necessary due to circumstances beyond Garden Florist’s control.

43. Incorrect Delivery Information

Customers are solely responsible for providing accurate delivery information.

Garden Florist shall not be responsible for failed deliveries resulting from:

• Incorrect addresses;
• Missing apartment numbers;
• Incorrect ZIP Codes;
• Invalid telephone numbers;
• Recipient relocation;
• Incorrect business information;
• Incomplete delivery instructions.

Orders requiring address corrections after dispatch may be subject to additional delivery fees and scheduling delays.

44. Weather and Force Majeure

Delivery schedules may be affected by events beyond Garden Florist’s reasonable control, including:

• Snowstorms;
• Hurricanes;
• Flooding;
• Wildfires;
• Severe thunderstorms;
• Traffic emergencies;
• Government restrictions;
• Road closures;
• Public safety emergencies;
• Utility failures.

Garden Florist reserves the right to delay deliveries until safe operating conditions resume.

Such delays shall not constitute a breach of these Terms.

45. Delivery Completion

A delivery shall be considered successfully completed when the floral arrangement has been delivered in a commercially reasonable manner, including delivery to:

• The recipient;
• Another responsible adult;
• Reception personnel;
• Building management;
• Hospital staff;
• Funeral home staff;
• Concierge personnel;
• A reasonably safe location when appropriate.

Proof of delivery may include one or more of the following:

• Driver confirmation;
• Delivery timestamp;
• GPS verification;
• Delivery photograph, where permitted;
• Recipient acknowledgment;
• Internal delivery records.

Garden Florist’s delivery records shall constitute prima facie evidence that delivery was completed unless demonstrated otherwise.

46. Refused Deliveries

If a recipient refuses delivery for reasons unrelated to product quality or delivery error by Garden Florist, the order shall be considered fulfilled.

Because floral products are perishable, refunds generally cannot be issued for refused deliveries under these circumstances.

Garden Florist may, at its discretion, offer alternative resolutions when appropriate.

47. Delivery Fees

Delivery charges are determined based upon multiple operational factors, including delivery location, order value, delivery date, seasonal demand, and selected delivery services.

Delivery fees are non-refundable once delivery services have commenced, except where otherwise required by applicable law.

48. Perishable Nature of Floral Products

Fresh flowers, plants, and many floral products sold by Garden Florist are perishable by nature.

Because these products begin to deteriorate naturally after preparation and delivery, they cannot be resold or returned to inventory.

Customers acknowledge that floral products require proper care after delivery and that their lifespan varies depending on flower variety, environmental conditions, handling, and customer care.

49. All Sales Are Final

Due to the perishable nature of our products:

• All sales are final.
• No returns are accepted.
• No exchanges are offered.
• No refunds will be issued once an order has been prepared, delivered, or made available for pickup.

Customers agree to these conditions before placing an order through the Garden Florist Website.

50. Order Cancellations

Customers may request cancellation of an order before floral preparation begins.

Cancellation requests are not guaranteed.

Garden Florist reserves the right to deny any cancellation request once:

• Floral design has begun;
• Flowers or materials have been specially ordered;
• Production has started;
• Packaging has begun;
• The order has entered the delivery process;
• A delivery driver has been assigned;
• The order has been made available for pickup.

Once any of the above activities have occurred, the order shall be considered committed for fulfillment and may no longer be eligible for cancellation.

51. Custom and Special Orders

Custom floral designs, special-order flowers, premium imported flowers, event flowers, wedding flowers, funeral flowers, and other specially requested products are made specifically for each customer.

Unless otherwise required by applicable law, these orders cannot be cancelled, returned, exchanged, or refunded after Garden Florist has begun acquiring materials or preparing the order.

52. Holiday Orders

Orders placed for high-demand floral holidays, including but not limited to:

• Valentine’s Day
• Mother’s Day
• Christmas
• Thanksgiving
• Easter
• Administrative Professionals Day
• Memorial Day
• Other peak floral holidays

may require advance purchasing of flowers and additional production planning.

For this reason, holiday orders are generally non-cancellable once accepted for production.

Garden Florist reserves the right to establish separate cancellation deadlines for holiday orders.

53. Customer Satisfaction

Customer satisfaction is important to Garden Florist.

If a customer believes an order was not fulfilled as expected, we encourage the customer to contact us as soon as reasonably possible so that we may review the matter.

Nothing in this section guarantees any particular resolution.

Each situation is evaluated individually.

54. Reporting Quality Concerns

Customers who believe there is a legitimate quality issue should notify Garden Florist promptly after delivery.

To assist our review, Garden Florist may request:

• Photographs of the arrangement;
• The original container or vase;
• Delivery information;
• Order number;
• Additional information reasonably necessary to evaluate the concern.

Failure to provide sufficient information may limit our ability to evaluate the request.

55. Garden Florist Errors

If Garden Florist determines that a problem resulted directly from our own error, we may, at our sole discretion, provide one of the following remedies:

• Replacement arrangement;
• Partial store credit;
• Full store credit;
• Partial refund;
• Full refund; or
• Another commercially reasonable solution.

The selected remedy shall be determined solely by Garden Florist after reviewing the circumstances.

Nothing in this section creates an obligation to provide a refund in every circumstance.

56. Situations Not Eligible for Refunds

Without limitation, the following situations generally do not qualify for refunds, exchanges, or returns:

• Customer changed their mind after purchase;
• Recipient refused delivery for personal reasons;
• Incorrect delivery information supplied by the customer;
• Recipient unavailable at the delivery location;
• Delays caused by hospitals, funeral homes, businesses, apartment buildings, or security personnel;
• Normal floral substitutions;
• Naturally occurring variations in flowers;
• Minor color differences;
• Customer dissatisfaction based solely upon personal preference;
• Damage occurring after successful delivery;
• Improper flower care by the recipient;
• Weather-related delays beyond Garden Florist’s reasonable control;
• Orders accepted by another responsible individual at the delivery location.

57. Chargebacks and Payment Disputes

Customers agree to contact Garden Florist before initiating a chargeback or payment dispute whenever reasonably possible.

Garden Florist is committed to reviewing customer concerns in good faith.

Knowingly filing a fraudulent or unwarranted payment dispute after products or services have been properly provided may constitute a violation of these Terms.

Garden Florist reserves the right to present all available evidence supporting fulfillment of the order, including delivery records, photographs, GPS information where available, customer communications, payment records, and other relevant documentation.

58. Limitation on Refund Requests

Except where prohibited by applicable law, Garden Florist reserves the right to decline requests for refunds or replacements submitted after an unreasonable period of time following delivery.

Customers are encouraged to inspect floral products promptly upon receipt.

59. Store Credits

When Garden Florist elects to issue store credit, such credit:

• Has no cash value unless required by law;
• May be subject to expiration where permitted by law;
• May only be redeemed through Garden Florist;
• May not be transferred without our written authorization.

60. Applicable Law

Nothing contained in this Chapter limits any rights that cannot legally be waived under applicable federal, state, or local law.

Where applicable law requires Garden Florist to provide a specific remedy, those legal obligations shall control solely to the extent required by law.

Except as otherwise required by applicable law, the policies contained in this Chapter shall govern all purchases made through Garden Florist.

61. Store Pickup Availability

Garden Florist may offer in-store pickup for eligible products during normal business hours.

Store pickup availability is subject to product availability, production schedules, holiday demand, and store operating hours.

Garden Florist reserves the right to temporarily suspend or modify pickup services at any time without prior notice.

62. Pickup Notification

Customers will be notified when an order is ready for pickup using the contact information provided during checkout.

Notifications may be sent by:

• Email;
• SMS (where consent has been provided);
• Telephone; or
• Other communication methods used by Garden Florist.

Estimated pickup times are provided solely for convenience and are not guaranteed.

63. Customer Identification

For security purposes, Garden Florist may request reasonable proof of identity before releasing an order.

Acceptable verification may include:

• Government-issued identification;
• Order confirmation email;
• Order number;
• Verification of customer information;
• Other reasonable proof of purchase.

Garden Florist reserves the right to refuse release of an order until ownership has been reasonably verified.

64. Authorized Pickup by Third Parties

Customers may authorize another individual to collect an order on their behalf.

Garden Florist may require the authorized individual to provide:

• Their name;
• A valid government-issued photo identification;
• The order number;
• Other information reasonably necessary to verify authorization.

Once an order has been released to an authorized individual, Garden Florist’s pickup obligations shall be considered fulfilled.

65. Pickup Time

Customers are encouraged to collect floral products promptly after receiving notification that an order is ready.

Fresh flowers are perishable and are best enjoyed immediately after preparation.

Garden Florist is not responsible for any reduction in product freshness, appearance, or vase life resulting from delays in pickup after the order has been made available.

66. Failure to Pick Up an Order

If a customer fails to collect an order within a reasonable period of time, Garden Florist may attempt to contact the customer using the contact information provided at the time of purchase.

Because many floral products are perishable, Garden Florist cannot guarantee product quality after extended delays in pickup.

Orders that remain unclaimed for an extended period may be considered abandoned.

Garden Florist reserves the right to dispose of, donate, or otherwise handle abandoned perishable products in a commercially reasonable manner.

Abandonment of an order does not entitle the customer to a refund, replacement, exchange, or store credit unless otherwise required by applicable law.

67. Inspection at Pickup

Customers are encouraged to inspect their order before leaving the store.

Any concerns regarding the condition or completeness of the order should be brought to the attention of Garden Florist staff at the time of pickup whenever reasonably possible.

Acceptance of the order at pickup acknowledges that the order was received in satisfactory condition, except for issues that could not reasonably have been discovered at the time of pickup.

68. Pickup During Holidays

During periods of exceptionally high demand, including Valentine’s Day, Mother’s Day, Christmas, and other major floral holidays, pickup times may be delayed due to increased order volume.

Garden Florist will make commercially reasonable efforts to prepare orders as efficiently as possible; however, estimated pickup times are not guaranteed during peak holiday periods.

69. Transfer of Responsibility

Responsibility for the care and condition of floral products transfers to the customer or the customer’s authorized representative upon release of the order by Garden Florist.

After pickup, customers are solely responsible for:

• Proper transportation;
• Protection from extreme temperatures;
• Proper watering and flower care;
• Safe handling of fragile containers and arrangements.

Garden Florist shall not be responsible for damage occurring after an order has been released to the customer or an authorized pickup representative.

70. Pickup Policy Changes

Garden Florist reserves the right to modify, suspend, or discontinue store pickup services, eligibility requirements, pickup procedures, or operating hours at any time as reasonably necessary to support business operations or comply with applicable law.

71. Creating an Account

Customers may be offered the option to create a Garden Florist customer account to enhance their shopping experience.

Creating an account is optional unless otherwise required for a particular service or promotion.

Customers are responsible for providing accurate, current, and complete information when registering an account.

Garden Florist reserves the right to refuse account registration or terminate any account that contains false, misleading, incomplete, or fraudulent information.

72. Account Information

Customers agree to keep their account information accurate and up to date, including:

• Name;
• Email address;
• Telephone number;
• Billing address;
• Delivery addresses; and
• Any other information necessary to provide our Services.

Garden Florist shall not be responsible for any loss, delay, failed communication, or delivery issue resulting from outdated or inaccurate account information.

73. Account Security

Customers are solely responsible for maintaining the confidentiality of their account credentials, including usernames and passwords.

Customers agree not to:

• Share their login credentials with others;
• Allow unauthorized individuals to access their account;
• Use another person’s account without authorization;
• Attempt to gain unauthorized access to any Garden Florist account.

Any activity occurring under a customer’s account will be presumed to have been authorized by the account holder unless proven otherwise.

74. Unauthorized Access

If a customer believes that their account has been accessed without authorization, they should notify Garden Florist promptly.

Garden Florist may temporarily suspend the account while investigating suspected unauthorized access.

Garden Florist is not responsible for losses resulting from a customer’s failure to maintain the security of their account credentials.

75. Account Suspension or Termination

Garden Florist reserves the right to suspend, restrict, or permanently terminate any customer account, with or without prior notice, when we reasonably believe that the account has been used in violation of these Terms or applicable law.

Examples include, but are not limited to:

• Fraudulent activity;
• Payment abuse;
• Chargeback abuse;
• False identity information;
• Harassment or abusive behavior toward Garden Florist personnel;
• Unauthorized use of another person’s payment method;
• Abuse of promotional offers;
• Attempts to interfere with the operation or security of the Website.

Account suspension or termination does not relieve the customer of any outstanding payment obligations or other responsibilities arising before termination.

76. Customer Purchase History

Garden Florist may maintain records of a customer’s purchase history, order preferences, delivery addresses, and communications to improve customer service, facilitate future orders, prevent fraud, and comply with legal obligations.

Such information will be handled in accordance with our Privacy Policy.

77. Account Availability

Garden Florist does not guarantee that customer account features will be available at all times.

Account access may occasionally be interrupted due to:

• Scheduled maintenance;
• Software updates;
• Technical issues;
• Internet outages;
• Security events; or
• Circumstances beyond our reasonable control.

Garden Florist shall not be liable for temporary interruptions in account availability.

78. Closing an Account

Customers may request closure of their account by contacting Garden Florist.

Closing an account does not automatically delete information that Garden Florist is legally required or reasonably permitted to retain, including information maintained for:

• Tax purposes;
• Accounting records;
• Fraud prevention;
• Legal compliance;
• Dispute resolution; or
• Enforcement of these Terms.

Personal information will be handled in accordance with our Privacy Policy and applicable law.

79. Loyalty Programs and Rewards

If Garden Florist offers customer loyalty programs, reward points, referral incentives, gift credits, or similar promotional programs, participation shall be subject to any additional terms published for those programs.

Unless otherwise stated:

• Rewards have no cash value;
• Rewards are non-transferable;
• Rewards may expire;
• Garden Florist may modify or discontinue a program at any time.

Nothing in these Terms guarantees the continued availability of any loyalty or rewards program.

80. Survival of Obligations

Termination or closure of a customer account does not affect any rights or obligations that arose before the account was closed, including payment obligations, dispute resolution provisions, limitations of liability, or any other provisions of these Terms that are intended to survive termination.

81. Limited License to Use the Website

Garden Florist grants visitors a limited, non-exclusive, non-transferable, and revocable license to access and use the Website solely for personal, lawful, and non-commercial purposes.

This license does not transfer ownership of any portion of the Website or its content.

Any rights not expressly granted in these Terms are reserved by Garden Florist.

82. Permitted Use

Customers may use the Website only for legitimate purposes, including:

• Browsing products;
• Placing lawful orders;
• Managing customer accounts;
• Contacting Garden Florist;
• Reading product information;
• Accessing customer services.

Customers agree to use the Website in a manner that does not interfere with the rights of other users or the normal operation of the Website.

83. Prohibited Conduct

When using the Website, you agree not to:

• Violate any applicable law or regulation;
• Submit false or misleading information;
• Use another person’s account without authorization;
• Attempt to bypass Website security;
• Upload viruses, malware, ransomware, spyware, or other harmful code;
• Interfere with Website functionality;
• Attempt unauthorized access to servers, databases, or systems;
• Disrupt the experience of other users;
• Use automated systems to place orders;
• Circumvent fraud prevention systems;
• Abuse promotional offers or coupon codes;
• Use the Website for unlawful, fraudulent, or deceptive purposes.

Garden Florist reserves the right to investigate suspected violations and take appropriate action.

84. Automated Access

Unless expressly authorized in writing by Garden Florist, customers may not use:

• Bots;
• Crawlers;
• Scrapers;
• Automated purchasing software;
• Data mining tools;
• Artificial intelligence agents designed to extract Website content;
• Scripts or automated software intended to collect information from the Website.

Reasonable search engine indexing by publicly recognized search engines is permitted unless otherwise restricted by applicable technical measures.

85. Website Security

Customers shall not attempt to:

• Probe Website vulnerabilities;
• Circumvent authentication systems;
• Reverse engineer Website functionality;
• Interfere with Website security measures;
• Modify Website code;
• Introduce malicious software;
• Test the Website using penetration techniques without prior written authorization.

Unauthorized security testing is strictly prohibited.

86. User Communications

If customers submit reviews, comments, questions, photographs, testimonials, suggestions, or other content through the Website, they agree that such submissions:

• Are lawful;
• Are accurate to the best of their knowledge;
• Do not violate the rights of others;
• Do not contain defamatory, abusive, obscene, threatening, discriminatory, or unlawful material.

Garden Florist reserves the right, but not the obligation, to remove or refuse any user-submitted content at its sole discretion.

87. Promotional Abuse

Customers may not manipulate or abuse promotions offered by Garden Florist.

Examples include:

• Creating multiple accounts to obtain repeated discounts;
• Sharing single-use promotional codes without authorization;
• Exploiting software errors;
• Manipulating referral programs;
• Circumventing promotion limitations.

Garden Florist reserves the right to cancel any order or promotion obtained through abuse or manipulation.

88. Accuracy of Information

Although Garden Florist strives to maintain accurate Website content, we do not guarantee that all information is complete, current, or free of errors at all times.

Information that may occasionally change includes:

• Prices;
• Product availability;
• Delivery areas;
• Store hours;
• Product descriptions;
• Images;
• Promotional offers.

Garden Florist reserves the right to correct any errors without prior notice.

89. Third-Party Links

The Website may contain links to third-party websites or services provided solely for customer convenience.

Garden Florist does not own or control third-party websites and is not responsible for:

• Their content;
• Their privacy practices;
• Their security;
• Their products or services;
• Their availability.

Access to third-party websites is entirely at the customer’s own risk.

90. Website Availability

Garden Florist makes reasonable efforts to maintain uninterrupted Website availability.

However, the Website may occasionally become unavailable due to:

• Scheduled maintenance;
• Emergency maintenance;
• Software updates;
• Hosting issues;
• Internet failures;
• Third-party service interruptions;
• Cybersecurity events;
• Events beyond our reasonable control.

Garden Florist does not guarantee uninterrupted access to the Website.

91. Monitoring

To protect the security, integrity, and reliability of the Website, Garden Florist may monitor Website activity, system logs, security events, and network traffic to the extent permitted by applicable law.

Monitoring may be performed for purposes including:

• Fraud prevention;
• Security investigations;
• System maintenance;
• Performance optimization;
• Legal compliance.

Nothing in this section creates an obligation for Garden Florist to actively monitor all Website activity.

92. Enforcement

Garden Florist reserves the right to investigate suspected violations of these Terms and to take any action reasonably necessary to protect the Website, our customers, employees, business operations, and legal rights.

Such actions may include:

• Warning the customer;
• Suspending or terminating customer accounts;
• Cancelling pending orders;
• Restricting Website access;
• Reporting unlawful activity to appropriate authorities; or
• Pursuing any other remedies available under applicable law.

The exercise or failure to exercise any remedy under this section shall not constitute a waiver of any other rights available to Garden Florist.

93. Ownership of Intellectual Property

Unless otherwise expressly stated, the Website and all content made available through it are the exclusive property of Garden Florist or its licensors and are protected by applicable United States and international intellectual property laws.

This includes, without limitation:

• The Garden Florist name;
• Logos;
• Trademarks;
• Service marks;
• Trade names;
• Product names;
• Website design;
• Layout;
• User interface;
• Source code (where applicable);
• Product photographs;
• Floral arrangement photographs;
• Videos;
• Graphics;
• Icons;
• Illustrations;
• Artwork;
• Product descriptions;
• Blog articles;
• Marketing materials;
• Text;
• Databases;
• Software;
• Audio;
• Downloads; and
• All other original content appearing on the Website.

Nothing contained in these Terms transfers ownership of any intellectual property to the Customer.

94. Limited License

Garden Florist grants visitors a limited, revocable, non-exclusive, non-transferable license to access and view Website content solely for personal, non-commercial use.

This license does not permit customers to reproduce, distribute, modify, publish, license, sell, create derivative works from, or otherwise exploit any Website content without prior written permission from Garden Florist.

95. Copyright

All original content published on the Website is protected by copyright law.

No portion of the Website may be copied, reproduced, stored, transmitted, displayed, republished, or distributed in any form without the prior written consent of Garden Florist, except where expressly permitted by applicable law.

96. Trademarks

Garden Florist, its logos, branding elements, slogans, trade dress, and other identifying marks are the property of Garden Florist or their respective owners.

Nothing contained within the Website grants any license or right to use any trademark without prior written authorization.

Unauthorized use of any Garden Florist trademark is strictly prohibited.

97. Product Photography

All product photographs displayed on the Website are protected by copyright.

Unless otherwise indicated, photographs have been created, licensed, commissioned, or lawfully obtained by Garden Florist.

Customers and third parties may not:

• Copy product photographs;
• Download photographs for commercial purposes;
• Republish photographs;
• Sell photographs;
• Remove watermarks;
• Alter photographs;
• Use photographs to advertise competing businesses;
• Use photographs to train artificial intelligence systems without written authorization.

98. Website Content

The written content of the Website, including product descriptions, educational materials, blog posts, delivery information, SEO content, promotional materials, and marketing copy, constitutes proprietary intellectual property owned by Garden Florist unless otherwise indicated.

Unauthorized copying or reproduction of Website content is prohibited.

99. User-Submitted Content

Customers may voluntarily submit reviews, testimonials, comments, photographs, or other materials through the Website or directly to Garden Florist.

Customers retain ownership of their original content.

However, by voluntarily submitting such content, customers grant Garden Florist a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to:

• Display;
• Reproduce;
• Publish;
• Distribute;
• Edit for formatting;
• Translate;
• Promote; and
• Use such content in connection with Garden Florist’s business, marketing, advertising, and Website operations.

Garden Florist will not claim ownership of customer-created content.

100. Customer Representations

Customers represent and warrant that any content they submit:

• Belongs to them or that they possess all necessary rights to submit it;
• Does not infringe any copyright, trademark, privacy, publicity, or other legal rights;
• Does not violate applicable law;
• Does not contain unlawful, defamatory, threatening, obscene, or fraudulent material.

Customers remain solely responsible for their submitted content.

101. Copyright Complaints

Garden Florist respects the intellectual property rights of others.

Any person who believes that copyrighted material appearing on the Website infringes their legal rights may submit a written copyright notice containing sufficient information to identify:

• The copyrighted work;
• The allegedly infringing material;
• Contact information;
• A statement made in good faith that the complained-of use is unauthorized; and
• A statement that the information provided is accurate.

Garden Florist will review copyright complaints in accordance with applicable law.

102. Reservation of Rights

All rights not expressly granted under these Terms are reserved by Garden Florist.

Failure to enforce any intellectual property right shall not constitute a waiver of that right.

Garden Florist reserves the right to pursue any legal or equitable remedies available under applicable law to protect its intellectual property.

103. Third-Party Intellectual Property

Certain trademarks, logos, product names, software, or service names displayed on the Website may belong to third parties.

Such intellectual property remains the property of its respective owners.

Nothing contained on the Website grants customers any ownership interest or license to use third-party intellectual property.

104. Survival

The provisions contained within this Chapter shall survive termination of these Terms and shall remain enforceable following the closure of customer accounts or discontinuation of Website access.

105. Electronic Communications

By providing your email address, telephone number, or other electronic contact information, you consent to receive communications from Garden Florist relating to your orders, customer service requests, and use of our Website.

Electronic communications may be delivered by:

• Email;
• SMS or text message (where applicable);
• Telephone;
• Automated order notifications;
• Website notifications; or
• Other reasonable communication methods used by Garden Florist.

Electronic communications satisfy any legal requirement that communications be provided in writing where permitted by applicable law.

106. Order Communications

Garden Florist may send communications relating to an order, including:

• Order confirmations;
• Payment confirmations;
• Order updates;
• Floral preparation updates;
• Delivery notifications;
• Pickup notifications;
• Delivery exceptions;
• Customer support communications;
• Requests for additional delivery information.

These communications are considered part of our Services and are not promotional in nature.

Customers may not opt out of essential order-related communications while an active order is being processed.

107. Promotional Emails

Customers who voluntarily subscribe to receive promotional emails may receive communications regarding:

• Seasonal collections;
• Holiday promotions;
• Special discounts;
• New products;
• Floral care tips;
• Company news;
• Gift reminders;
• Marketing campaigns.

Promotional emails are optional.

Customers may unsubscribe at any time by:

• Clicking the “Unsubscribe” link contained within the email; or
• Contacting Garden Florist directly.

Garden Florist will process unsubscribe requests within a commercially reasonable period and in accordance with applicable law.

108. SMS Communications

Where available and where the customer has provided the necessary consent, Garden Florist may send SMS messages relating to:

• Order confirmations;
• Delivery updates;
• Pickup notifications;
• Customer support;
• Promotional offers;
• Holiday reminders;
• Service announcements.

Message frequency may vary.

Standard message and data rates imposed by the customer’s wireless carrier may apply.

Garden Florist is not responsible for charges imposed by mobile carriers.

109. SMS Consent

By voluntarily providing a mobile telephone number and expressly consenting to receive SMS communications, customers authorize Garden Florist to send text messages regarding the Services described in this Chapter.

Providing consent is voluntary.

Consent to receive promotional SMS messages is not a condition of purchasing products or services from Garden Florist.

110. Opt-Out of SMS Messages

Customers may opt out of promotional SMS communications at any time by:

• Replying “STOP” to any SMS message;
• Contacting Garden Florist directly; or
• Using any other opt-out method provided in the message.

After receiving a valid opt-out request, Garden Florist will make commercially reasonable efforts to discontinue promotional SMS communications.

Customers may continue to receive transactional messages relating to orders already in progress where permitted by applicable law.

111. Accuracy of Contact Information

Customers are responsible for providing accurate and current contact information.

Garden Florist shall not be responsible for:

• Messages sent to incorrect telephone numbers provided by the customer;
• Undelivered emails;
• Carrier delays;
• Spam filtering;
• Full mailboxes;
• Service interruptions;
• Customer failure to update contact information.

112. Third-Party Communication Providers

Garden Florist may use trusted third-party service providers to facilitate electronic communications, including email delivery platforms, SMS providers, customer support software, and transactional notification services.

These providers may process limited customer information solely for the purpose of delivering communications on behalf of Garden Florist and in accordance with our Privacy Policy.

Garden Florist does not sell customers’ telephone numbers or email addresses to third parties for their independent marketing purposes.

113. Customer Reviews and Feedback Requests

Following completion of an order, Garden Florist may invite customers to submit reviews, ratings, or feedback regarding their purchasing experience.

Participation is entirely voluntary.

Garden Florist reserves the right to publish customer reviews in accordance with these Terms and our Privacy Policy.

Garden Florist does not guarantee publication of every review submitted.

Reviews containing unlawful, abusive, defamatory, fraudulent, misleading, or inappropriate content may be removed or declined.

114. Marketing Preferences

Customers may manage their marketing communication preferences whenever such functionality is available.

Opting out of promotional communications does not affect:

• Order confirmations;
• Payment notifications;
• Delivery communications;
• Customer support responses;
• Security notices;
• Legal notices; or
• Other communications necessary to provide our Services.

115. Communication Availability

Garden Florist does not guarantee uninterrupted delivery of electronic communications.

Delivery of emails or SMS messages may be affected by:

• Internet outages;
• Mobile carrier delays;
• Spam filtering;
• Software failures;
• Third-party service interruptions;
• Customer device settings;
• Events beyond our reasonable control.

Failure to receive an electronic communication does not invalidate an order or alter the customer’s obligations under these Terms.

116. Reservation of Rights

Garden Florist reserves the right to modify, suspend, or discontinue any electronic communication service, notification method, promotional program, or messaging platform at any time as reasonably necessary for operational, legal, security, or business purposes.

Any such modification shall not affect communications already required to complete active customer orders.

117. Privacy Policy

Garden Florist respects the privacy of its customers and is committed to protecting personal information in accordance with applicable law.

Our collection, use, storage, disclosure, and protection of personal information are governed by our separate Privacy Policy, which is incorporated into these Terms by reference.

By accessing the Website or using our Services, you acknowledge that you have had the opportunity to review our Privacy Policy and understand how your personal information may be collected, processed, used, disclosed, and protected.

If there is any conflict between these Terms and the Privacy Policy regarding the handling of personal information, the Privacy Policy shall govern with respect to privacy-related matters.

118. Information Collection

Garden Florist may collect information necessary to operate our business and provide our Services.

Depending on how you interact with the Website, this information may include:

• Contact information;
• Billing information;
• Delivery information;
• Payment-related information;
• Order history;
• Customer communications;
• Device and browser information;
• IP address;
• Website usage information;
• Cookies and similar technologies.

The categories of information collected and the purposes for which such information is used are described in greater detail within our Privacy Policy.

119. Customer Responsibility

Customers are responsible for providing accurate and current personal information.

Garden Florist is not responsible for errors, delays, failed deliveries, or communication issues resulting from inaccurate, incomplete, or outdated information supplied by the customer.

Customers are encouraged to promptly update their personal information whenever changes occur.

120. Third-Party Services

Garden Florist may utilize trusted third-party service providers to assist in operating the Website and providing our Services.

Such providers may include, without limitation:

• Payment processors;
• Email delivery providers;
• SMS communication providers;
• Website hosting providers;
• Analytics providers;
• Fraud prevention services;
• Customer support platforms;
• Marketing service providers.

These providers may receive only the information reasonably necessary to perform services on behalf of Garden Florist and are expected to process such information in accordance with applicable contractual obligations and legal requirements.

121. Cookies and Similar Technologies

The Website may use cookies, pixels, local storage, and similar technologies to:

• Improve Website functionality;
• Remember customer preferences;
• Analyze Website performance;
• Enhance security;
• Personalize the customer experience;
• Support marketing and advertising activities where permitted by applicable law.

Customers may manage certain cookie preferences through their browser settings or other available consent tools.

Disabling certain cookies may affect Website functionality.

Additional information regarding cookies is available in our Cookie Policy.

122. Data Security

Garden Florist implements commercially reasonable administrative, technical, and physical safeguards designed to protect customer information from unauthorized access, disclosure, alteration, or destruction.

However, no method of electronic transmission or electronic storage is completely secure.

Accordingly, Garden Florist cannot guarantee absolute security of customer information.

Customers acknowledge that they provide personal information at their own risk, subject to the protections described in our Privacy Policy and applicable law.

123. Data Retention

Garden Florist retains customer information only for as long as reasonably necessary to:

• Provide our Services;
• Maintain customer accounts;
• Complete transactions;
• Comply with legal obligations;
• Resolve disputes;
• Enforce these Terms;
• Protect the legitimate interests of Garden Florist.

Retention periods may vary depending upon the type of information involved and applicable legal requirements.

124. Customer Privacy Rights

Where required by applicable law, customers may have rights regarding their personal information, including the right to request access, correction, deletion, or other rights provided under applicable privacy legislation.

Requests relating to personal information may be submitted using the contact information provided within our Privacy Policy.

Garden Florist will respond to such requests in accordance with applicable law.

125. Policy Updates

Garden Florist may update its Privacy Policy from time to time to reflect changes in legal requirements, business operations, technology, or our Services.

The most current version of the Privacy Policy will be made available through the Website.

Continued use of the Website following publication of an updated Privacy Policy constitutes acknowledgment of the revised policy, except where applicable law requires additional notice or consent.

126. Services Provided “As Available”

Except as expressly stated in these Terms or where otherwise required by applicable law, the Website, products, and services provided by Garden Florist are offered on an “AS IS” and “AS AVAILABLE” basis.

Garden Florist makes commercially reasonable efforts to provide accurate information, quality floral products, and reliable services. However, we do not guarantee that every aspect of the Website or our Services will always operate without interruption or error.

127. No Warranty of Continuous Website Availability

Garden Florist does not warrant or guarantee that:

• The Website will always be available;
• The Website will operate without interruption;
• The Website will be error-free;
• The Website will always be secure;
• The Website will always be compatible with every browser, device, or operating system.

Temporary interruptions may occur due to:

• Scheduled maintenance;
• Software updates;
• Internet outages;
• Hosting provider issues;
• Cybersecurity events;
• Power failures;
• Third-party service interruptions; or
• Other circumstances beyond our reasonable control.

128. Product Availability

Because fresh flowers are seasonal agricultural products, Garden Florist cannot guarantee the continued availability of any specific flower variety, plant, container, decorative element, or accessory.

Product availability may change without notice due to:

• Seasonal growing conditions;
• Supplier inventory;
• Transportation delays;
• Weather;
• Market shortages;
• Quality standards.

Garden Florist reserves the right to make reasonable substitutions as described elsewhere in these Terms.

129. Natural Characteristics of Flowers

Customers acknowledge that fresh flowers are living, natural products.

Accordingly:

• Flower size varies naturally.
• Bloom stage varies naturally.
• Color shades vary naturally.
• Vase life varies naturally.
• Fragrance varies naturally.
• Stem length varies naturally.
• Seasonal characteristics vary naturally.

These variations are normal and shall not be considered defects.

Garden Florist makes no warranty that flowers will exactly match photographs or remain fresh for any specific number of days.

130. Product Images

Photographs displayed on the Website are intended as general representations of the floral arrangement’s overall style and design.

Garden Florist does not warrant that every arrangement will be identical to its corresponding photograph.

Reasonable differences resulting from handcrafted floral design, substitutions, seasonal availability, photography, monitor settings, or natural variation do not constitute product defects.

131. Delivery Estimates

Any delivery date, delivery window, estimated arrival time, or delivery estimate displayed on the Website is provided solely as an estimate.

Garden Florist does not warrant delivery at any exact hour unless expressly confirmed in writing.

Delivery schedules remain subject to:

• Weather;
• Traffic;
• Road conditions;
• Customer accessibility;
• Building policies;
• Holiday demand;
• Operational requirements.

132. Third-Party Services

Garden Florist may rely upon third-party service providers in connection with:

• Payment processing;
• Website hosting;
• Internet connectivity;
• Email delivery;
• SMS delivery;
• Fraud prevention;
• Mapping services;
• Analytics;
• Customer support.

Garden Florist does not warrant the uninterrupted availability, performance, or reliability of third-party services beyond our reasonable control.

133. Customer Expectations

Garden Florist makes no warranty that:

• Every flower will bloom identically;
• Every floral arrangement will produce identical visual results;
• Every flower variety will remain available year-round;
• Every delivery will occur at a precise requested time;
• Every recipient will be available to accept delivery;
• Every floral product will remain fresh for a fixed period after delivery.

Customers acknowledge that floral design is both an artistic and natural process.

134. Website Information

Garden Florist strives to maintain accurate information throughout the Website.

However, we do not warrant that:

• Product descriptions are free from typographical errors;
• Prices are permanently accurate;
• Inventory levels update instantly;
• Promotional information is always current;
• Every image perfectly represents every product.

Garden Florist reserves the right to correct errors without prior notice.

135. No Implied Warranties

To the fullest extent permitted by applicable law, Garden Florist disclaims all warranties not expressly stated in these Terms, including any implied warranties of:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement; and
• Any warranties arising from course of dealing, course of performance, or trade usage.

Nothing contained in this Chapter limits any warranty that cannot legally be excluded under applicable law.

136. Customer Assumption of Risk

Customers acknowledge that purchasing fresh floral products involves characteristics beyond Garden Florist’s control, including natural variation, perishability, weather, transportation conditions after delivery, and recipient care.

By placing an order, customers accept these inherent characteristics of fresh floral products and acknowledge that such characteristics do not constitute defects or failures of performance.

137. Reservation of Rights

No employee, representative, delivery driver, designer, customer service representative, or other individual acting on behalf of Garden Florist is authorized to create warranties or guarantees that differ from those expressly contained within these Terms unless approved in writing by an authorized representative of Garden Florist.

138. Scope of Liability

To the fullest extent permitted by applicable law, Garden Florist shall be liable only for damages directly resulting from its own proven negligence or willful misconduct.

Nothing contained in these Terms shall exclude or limit any liability that cannot legally be excluded under applicable law.

139. Exclusion of Indirect Damages

To the fullest extent permitted by applicable law, Garden Florist shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages arising out of or relating to:

• Use of the Website;
• Purchase of products or services;
• Delayed deliveries;
• Failed deliveries beyond our reasonable control;
• Product substitutions;
• Temporary Website interruptions;
• Customer communications;
• Third-party services; or
• Any other matter relating to these Terms.

This limitation applies regardless of the legal theory asserted, including contract, tort, negligence, strict liability, or otherwise.

140. Loss of Business or Income

Garden Florist shall not be liable for:

• Loss of profits;
• Loss of business opportunities;
• Loss of anticipated savings;
• Loss of contracts;
• Loss of goodwill;
• Business interruption;
• Loss of reputation; or
• Any other economic loss arising from the use of our Website or Services.

141. Emotional Distress

Flowers are frequently purchased for important personal occasions.

While Garden Florist understands the emotional significance of floral gifts, weddings, memorials, funerals, celebrations, and other special events, Garden Florist shall not be liable for claims based upon emotional distress, disappointment, embarrassment, inconvenience, sentimental value, or similar non-economic damages except where required by applicable law.

142. Circumstances Beyond Our Control

Garden Florist shall not be responsible for delays, interruptions, or inability to perform resulting from circumstances beyond our reasonable control, including but not limited to:

• Severe weather;
• Natural disasters;
• Traffic accidents;
• Road closures;
• Public emergencies;
• Government actions;
• Utility outages;
• Internet failures;
• Supplier shortages;
• Labor disruptions;
• Public health emergencies;
• Civil unrest; or
• Other Force Majeure events described in these Terms.

143. Third-Party Actions

Garden Florist shall not be responsible for acts or omissions of third parties, including:

• Payment processors;
• Mobile carriers;
• Internet service providers;
• Website hosting providers;
• Hospitals;
• Funeral homes;
• Office reception personnel;
• Apartment management;
• Building security;
• Concierge staff;
• Delivery access personnel; or
• Other independent third parties.

144. Recipient Care

After delivery or pickup has been completed, Garden Florist shall not be liable for:

• Improper flower care;
• Failure to add water;
• Failure to trim stems;
• Exposure to excessive heat or cold;
• Direct sunlight;
• Mishandling;
• Damage caused by pets;
• Damage caused by children;
• Accidental breakage of containers;
• Damage occurring after responsibility has transferred to the recipient or customer.

145. Website Use

Garden Florist shall not be liable for damages resulting from:

• Website interruptions;
• Browser incompatibility;
• Internet connectivity issues;
• Temporary unavailability;
• Software bugs;
• Cybersecurity incidents beyond our reasonable control;
• Customer device failures;
• Customer misuse of the Website.

146. Customer Responsibility

Customers acknowledge that successful fulfillment of an order depends upon accurate information being provided.

Garden Florist shall not be liable for losses resulting from customer-provided errors, including but not limited to:

• Incorrect delivery addresses;
• Incorrect recipient information;
• Incorrect telephone numbers;
• Incorrect delivery dates selected by the customer;
• Failure to provide required access information;
• Customer failure to respond to requests for clarification.

147. Maximum Liability

To the fullest extent permitted by applicable law, Garden Florist’s total cumulative liability arising out of or relating to any order, product, service, or use of the Website shall not exceed the total amount actually paid by the customer for the specific order giving rise to the claim.

This limitation applies regardless of the number of claims asserted or the legal theory upon which the claim is based.

148. No Liability for Customer Expectations

Garden Florist shall not be liable solely because a product, delivery, or service failed to meet a customer’s subjective expectations where Garden Florist has substantially fulfilled its contractual obligations.

Minor differences in floral appearance, artistic interpretation, seasonal substitutions, or natural variation shall not constitute a breach of these Terms.

149. Time Limitation for Claims

To the fullest extent permitted by applicable law, any claim arising out of or relating to an order, the Website, or these Terms must be brought within one (1) year after the event giving rise to the claim, unless a longer period is required by applicable law.

Failure to bring a claim within the applicable period may result in the claim being permanently barred.

150. Applicability

The limitations contained in this Chapter apply to the fullest extent permitted by applicable law.

If any limitation is determined to be unenforceable in a particular jurisdiction, the remaining provisions of this Chapter shall continue in full force and effect to the maximum extent permitted by law.

151. Customer Agreement to Indemnify

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Garden Florist, its owners, officers, directors, employees, contractors, designers, delivery personnel, affiliates, successors, assigns, and service providers (collectively, the “Garden Florist Parties”) from and against any claims, demands, actions, damages, liabilities, losses, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your violation of these Terms;
• Your misuse of the Website or Services;
• Your violation of any applicable law or regulation;
• Information you provide that is false, misleading, inaccurate, or incomplete;
• Your infringement of any intellectual property or other legal rights of another person;
• Content you submit through the Website;
• Fraudulent, deceptive, or unlawful activity conducted by you or on your behalf; or
• Your negligence or willful misconduct.

152. Customer-Submitted Content

If you submit reviews, comments, photographs, testimonials, messages, or any other content to Garden Florist, you agree to indemnify the Garden Florist Parties against any claim arising from that content, including claims alleging:

• Copyright infringement;
• Trademark infringement;
• Defamation;
• Invasion of privacy;
• Misappropriation of publicity rights;
• Fraud;
• Violation of applicable law; or
• Any other legal claim relating to the submitted content.

153. Unauthorized Use of Payment Methods

Customers agree to indemnify Garden Florist against any claim, investigation, loss, or expense arising from the unauthorized use of payment cards, bank accounts, digital wallets, or other payment methods used in connection with an order.

Nothing in this section limits Garden Florist’s right to report suspected fraud to the appropriate authorities.

154. Customer-Provided Delivery Information

Customers are solely responsible for the accuracy of delivery information they provide.

Customers agree to indemnify Garden Florist against claims arising from inaccurate or incomplete information supplied by the customer, including but not limited to:

• Incorrect delivery addresses;
• Incorrect recipient information;
• Unauthorized delivery instructions;
• Incorrect telephone numbers;
• Incorrect business or hospital information;
• Failure to obtain permission to provide another person’s personal information.

155. Third-Party Claims

If a third party asserts a claim against Garden Florist arising from the customer’s conduct or misuse of the Website or Services, the customer agrees to cooperate in the reasonable defense of such claim.

Garden Florist reserves the right, at its own expense, to assume exclusive control of the defense and settlement of any matter otherwise subject to indemnification.

Nothing in this section obligates Garden Florist to defend claims arising solely from its own negligence or willful misconduct.

156. Limitation

The obligations contained in this Chapter shall apply only to the extent permitted by applicable law.

Nothing contained herein requires a customer to indemnify Garden Florist for claims arising solely from Garden Florist’s own negligence, intentional misconduct, or other liability that cannot legally be transferred or limited under applicable law.

157. Survival

The obligations contained in this Chapter shall survive:

• Completion of an order;
• Closure of a customer account;
• Termination of these Terms;
• Discontinuation of the Website; and
• Any other event ending the relationship between the customer and Garden Florist,

to the extent necessary to resolve claims arising from events that occurred before such termination.

158. Events Beyond Our Reasonable Control

Garden Florist shall not be responsible for any delay, interruption, suspension, or failure to perform any obligation under these Terms when such delay or failure results from events beyond our reasonable control (“Force Majeure Event”).

A Force Majeure Event may temporarily affect our ability to operate the Website, prepare floral arrangements, obtain inventory, communicate with customers, or complete deliveries.

159. Examples of Force Majeure Events

Force Majeure Events include, but are not limited to:

• Hurricanes;
• Tornadoes;
• Floods;
• Snowstorms;
• Ice storms;
• Earthquakes;
• Fires;
• Extreme weather conditions;
• Public health emergencies;
• Epidemics or pandemics;
• Government orders or restrictions;
• Acts of terrorism;
• Civil unrest;
• Riots;
• Labor strikes;
• Transportation interruptions;
• Airline or freight delays;
• Road closures;
• Utility outages;
• Internet failures;
• Cybersecurity incidents beyond our reasonable control;
• Supply chain disruptions;
• Flower farm crop failures;
• Wholesale flower shortages;
• Unexpected shortages of floral containers or supplies;
• Mechanical failures affecting delivery vehicles;
• Acts of God; and
• Any other circumstance beyond Garden Florist’s reasonable control.

The above list is illustrative and not exhaustive.

160. Performance During a Force Majeure Event

During the existence of a Force Majeure Event, Garden Florist may:

• Delay fulfillment of an order;
• Reschedule deliveries;
• Temporarily suspend certain services;
• Substitute floral materials in accordance with these Terms;
• Modify delivery routes;
• Temporarily suspend online ordering; or
• Take any other commercially reasonable action necessary to continue business operations safely.

Such actions shall not constitute a breach of these Terms.

161. Notice to Customers

When reasonably practicable, Garden Florist will make commercially reasonable efforts to notify affected customers of significant service interruptions caused by a Force Majeure Event.

Notification may be provided through:

• Email;
• SMS;
• Telephone;
• Website announcements; or
• Other reasonable communication methods.

Garden Florist shall not be liable if circumstances make such notification impossible or impracticable.

162. Product Availability During Emergencies

Fresh flowers are agricultural products and may become unavailable during or following Force Majeure Events.

Garden Florist reserves the right to make commercially reasonable substitutions, postpone fulfillment, or cancel orders when necessary due to reduced product availability.

If Garden Florist determines that an order cannot reasonably be fulfilled, we may cancel the order and issue an appropriate refund to the original payment method.

163. Delivery Delays

Customers acknowledge that delivery schedules may be affected by Force Majeure Events.

Garden Florist shall not be responsible for delays caused by circumstances beyond our reasonable control, including delays resulting from public safety concerns or transportation disruptions.

Estimated delivery dates may be adjusted without constituting a breach of these Terms.

164. Suspension of Obligations

The obligations of Garden Florist that are directly affected by a Force Majeure Event shall be suspended only for the duration reasonably necessary to address the event and resume normal operations.

Garden Florist will make commercially reasonable efforts to restore services as soon as conditions permit.

165. No Waiver of Rights

A temporary delay or inability to perform caused by a Force Majeure Event shall not constitute a waiver of any rights or remedies otherwise available to Garden Florist under these Terms or applicable law.

166. Applicable Law

Nothing contained in this Chapter limits any rights or obligations that cannot legally be modified under applicable law.

The provisions of this Chapter shall be interpreted to the fullest extent permitted by the laws governing these Terms.

167. Governing Law

These Terms, the Website, and any purchase of products or services from Garden Florist shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

To the extent applicable, federal law shall also govern matters within its jurisdiction.

168. Good Faith Resolution

Garden Florist values customer satisfaction and encourages the prompt resolution of concerns.

Before initiating any formal legal proceeding, customers agree to make a good faith effort to contact Garden Florist and provide us with a reasonable opportunity to resolve the matter directly.

Customers may contact Garden Florist using the contact information provided at the end of these Terms.

Nothing in this section limits any rights that cannot legally be waived under applicable law.

169. Venue

Except where otherwise required by applicable law, any legal action arising out of or relating to these Terms, the Website, or any purchase from Garden Florist shall be brought exclusively in the state or federal courts located in the State of New York.

Each party consents to the personal jurisdiction of such courts.

170. Small Claims Court

Nothing contained in these Terms prevents either party from pursuing an eligible claim in a court of competent small claims jurisdiction where permitted by applicable law.

171. Compliance With Applicable Law

Garden Florist intends these Terms to comply with applicable federal, state, and local laws.

If any provision of these Terms conflicts with a mandatory legal requirement, that provision shall be interpreted or limited only to the extent necessary to comply with applicable law.

The remaining provisions shall remain in full force and effect.

172. No Waiver of Legal Rights

The failure of Garden Florist to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights available under these Terms or applicable law.

Any waiver shall be effective only if made in writing by an authorized representative of Garden Florist.

173. Equitable Relief

Nothing contained in these Terms limits Garden Florist’s right to seek temporary, preliminary, or permanent injunctive relief or other equitable remedies where necessary to protect its intellectual property, confidential information, business operations, or other legal rights.

174. Legal Expenses

Unless otherwise required by applicable law or ordered by a court of competent jurisdiction, each party shall bear its own attorneys’ fees, legal costs, and litigation expenses arising from any dispute relating to these Terms.

175. Survival

The provisions of this Chapter shall survive termination of these Terms, completion of any order, closure of a customer account, or discontinuation of the Website to the extent necessary to resolve any dispute arising from prior events.

176. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Delivery Policy, SMS Communications Policy, Refund Policy, and any additional policies or notices expressly incorporated by reference, constitute the complete and exclusive agreement between you and Garden Florist regarding your use of the Website and our Services.

These Terms supersede all prior or contemporaneous communications, negotiations, understandings, representations, and agreements relating to the same subject matter, whether written or oral.

177. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law.

The remaining provisions shall continue in full force and effect.

The invalidity of one provision shall not affect the validity or enforceability of any other provision.

178. Assignment

Customers may not assign, transfer, delegate, or otherwise convey any rights or obligations under these Terms without the prior written consent of Garden Florist.

Garden Florist may assign or transfer its rights and obligations under these Terms in connection with:

• A merger;
• Acquisition;
• Sale of assets;
• Business restructuring;
• Corporate reorganization; or
• Any lawful successor to Garden Florist’s business.

These Terms shall be binding upon and benefit the parties and their respective successors and permitted assigns.

179. No Waiver

Failure by Garden Florist to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.

Any waiver shall be effective only if made in writing by an authorized representative of Garden Florist.

A waiver of one breach shall not constitute a waiver of any subsequent breach.

180. Independent Relationship

Nothing contained in these Terms shall be interpreted as creating any:

• Partnership;
• Joint venture;
• Employment relationship;
• Franchise;
• Agency;
• Fiduciary relationship; or
• Other legal relationship

between Garden Florist and any customer beyond that of an independent retailer and customer.

181. Headings

The headings used throughout these Terms are provided solely for convenience and shall not affect the interpretation of any provision.

182. Interpretation

These Terms shall be interpreted fairly and according to their plain meaning.

No ambiguity shall be construed solely against Garden Florist based upon authorship of these Terms.

Words importing the singular include the plural where appropriate, and vice versa.

References to one gender include all genders where the context reasonably requires.

The words “including,” “includes,” and “include” shall be interpreted to mean “including without limitation.”

183. Electronic Records and Signatures

Customers acknowledge that electronic records, electronic communications, electronic signatures, and electronic acceptance of these Terms have the same legal force and effect as handwritten signatures to the fullest extent permitted by applicable law.

By placing an order through the Website, customers agree that electronic acceptance constitutes a legally binding agreement.

184. Survival

Any provisions of these Terms that by their nature are intended to survive termination shall remain in effect after:

• Completion of an order;
• Closure of a customer account;
• Termination of these Terms;
• Discontinuation of the Website; or
• The end of the relationship between Garden Florist and the customer.

Such surviving provisions include, without limitation:

• Payment obligations;
• Intellectual Property;
• Privacy obligations;
• Disclaimer of Warranties;
• Limitation of Liability;
• Indemnification;
• Governing Law;
• Dispute Resolution; and
• Any other provisions reasonably intended to survive.

185. Right to Refuse Service

Garden Florist reserves the right to refuse or discontinue service to any person or entity for any lawful reason, including but not limited to:

• Fraudulent activity;
• Abuse of employees;
• Threatening, intimidating, or violent behavior;
• Repeated payment disputes or fraudulent chargebacks;
• Harassment of Garden Florist personnel;
• Abuse of promotional programs;
• Repeated violations of these Terms;
• Conduct that threatens the safety, reputation, operations, or legal interests of Garden Florist.

Nothing in this section permits Garden Florist to refuse service for any reason prohibited by applicable federal, state, or local law.

186. Business Discretion

Garden Florist reserves the right to make commercially reasonable business decisions regarding the operation of its Website and Services, including decisions relating to:

• Product offerings;
• Floral substitutions;
• Inventory management;
• Delivery scheduling;
• Pickup procedures;
• Promotional campaigns;
• Pricing;
• Website functionality; and
• Operational policies.

Such decisions shall be made in good faith and in accordance with applicable law.

187. Contact Before Legal Action

Garden Florist values long-term customer relationships and encourages customers to contact us directly before initiating formal legal proceedings.

Many concerns can be resolved quickly through open communication, and Garden Florist will make commercially reasonable efforts to investigate and respond to customer concerns in good faith.

Nothing contained in this section limits any legal rights available under applicable law.

188. Contact Information

Garden Florist welcomes customer questions, comments, and feedback regarding our products, services, Website, or these Terms.

Customers may contact us using the information published on our Website.

Current contact information may include:

Garden Florist

Website: https://gardenfloristny.com

Email: info@gardenfloristny.com

Telephone: (As Published on Our Website)

Business Hours: As Published on Our Website

Garden Florist reserves the right to update its contact information from time to time without requiring modification of these Terms. The most current contact information will always be available on the Website.

189. Legal Notices

Unless otherwise required by applicable law, any legal notice intended for Garden Florist relating to these Terms should be submitted using the contact information published on the Website.

Garden Florist may designate additional contact methods for legal notices from time to time.

Electronic communications may satisfy legal notice requirements where permitted by applicable law.

190. Customer Service

Garden Florist is committed to providing courteous, professional, and timely customer service.

Customers are encouraged to contact us promptly if they have questions regarding:

• Orders;
• Deliveries;
• Store Pickup;
• Billing;
• Website functionality;
• Product availability;
• Customer Accounts; or
• Any other matter relating to our Services.

Garden Florist will make commercially reasonable efforts to respond to customer inquiries as promptly as business conditions reasonably permit.

191. Updates to Contact Information

Garden Florist may update its:

• Business address;
• Telephone number;
• Email address;
• Website;
• Business hours; or
• Other contact information

without modifying these Terms, provided that the updated information is published on the Website.

Customers are encouraged to consult the Website for the most current contact information.

192. Effective Date

These Terms become effective on the Effective Date stated at the beginning of this document and shall remain in effect until modified or replaced by Garden Florist.

Garden Florist reserves the right to revise these Terms from time to time in accordance with Chapter 1 of this Agreement.

The most current version will always be available through the Website.

193. Final Acknowledgment

By accessing the Website, creating an account, placing an order, requesting delivery or pickup, purchasing products or services, or otherwise using any portion of the Services provided by Garden Florist, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service.

If you do not agree with these Terms, you must discontinue use of the Website and refrain from purchasing products or services through Garden Florist.

Thank you for choosing Garden Florist.

We appreciate the opportunity to help you celebrate life’s special moments through the beauty of fresh flowers.