Terms and Conditions

Terms and Conditions.

This website (www.funandfabulousfloral.com) is owned and operated by Fun and Fabulous Floral and Gifts LLC (“we”, “us” and “our”). By accessing, using or browsing this website the user (“you”) agree to be bound by these terms and conditions, the Privacy Policy and all other terms contained on this website (“Terms”).  If you do not accept the Terms cease using this website.

We reserve the right to amend the Terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.

Contract of Sale.

1)    A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for goods from you. Unless we notify you prior in writing, acceptance of your order occurs when we:

a.    Have received your full contact details including your full name, email address, phone number, billing address, recipient’s full name, delivery address and delivery date; 

b.    Debit your form of payment to process your order; and

c.    contact you, by email (or otherwise), confirming your order.

2)    You can place an order on the website or by calling our studio at 785-608-9808 to place a customized order that cannot be facilitated through our online shopping cart.

3)    To secure your order we require full payment of the purchase price via Visa, MasterCard, American Express, Discover, Venmo or PayPal for online orders. Orders will not be processed until payment has been successfully processed and we have your full contact details.

Dlivery.

1)   If the address at which the floral products are to be delivered (the “Delivery Address”) is located in an area in which we are unable to deliver due to any reason (for instance but not limited to acts of nature/God) we will contact you to re-arrange an alternative delivery address or time. We will require the alternative delivery address aet least 24 hours prior to the Delivery Date in order to process the order.

2)   For high volume holidays such as Mother’s Day, Valentine’s Day, etc. it is mandatory to select one of the following options

a.   Leave at front door

b.   Leave at reception

c.   Leave at back door

d.   Leave with neighbor

e.   or Do not leave (this will incur a next business-day re-delivery fee)

3)   All charges for delivery, postage and handling are specified at checkout or otherwise notified prior to acceptance of an order.

4)   Deliveries will not be made on Sundays or public holidays unless otherwise agreed upon by all parties involved. 

5)   We will deliver the goods to the Delivery Address specified during the checkout process. We take no responsibility if you provide an incorrect Delivery Address. If an incorrect Delivery Address is provided and you request that the flowers be delivered to another address after delivery has incurred you will need to pay for the product and delivery fee in full prior to re-delivery if reproduction is required.

6)   It is your responsibility to ensure that someone is present to accept delivery. We take no responsibility if no one is present at the Delivery Address to accept delivery on the delivery date specified during checkout. If the recipient is not present at the Delivery Address the flowers will be left at the Delivery Address unless, in the courier’s opinion, it would not be safe to do so, in which case:

a.   the flowers will be returned to the point of dispatch and stored appropriately;

b.   you will be contacted and advised that the flowers were not able to be delivered; and

c.   if the same bunch of flowers is to be re-delivered you will need to pay for another delivery based on the location; or

d.   if the bunch of flowers requires re-production, you will need to pay for the product in full prior to re-delivery.

Product.

1)   Subject to the availability of flowers, we will endeavor to supply products that match the images and descriptions provided on the website.

2)   You acknowledge that minor variations between the images and descriptions provided on the website and the goods as delivered may occur.

3)   You acknowledge that some flowers are seasonal, some flowers may be of different value outside of the Kansas area, and some flowers may not be available for delivery in certain areas. Our skilled designers will substitute any unavailable flowers for those of a similar appearance and value, and you agree not to hold us responsible for any such variations. Where non-floral items are selected (such as chocolates, balloons, toys, etc.), and are not available, we will do our best to contact you of the substitution options of equal or greater value.

4)   You acknowledge that we may engage other florists to fulfill orders placed outside of our delivery area, including orders for out of state and international delivery, and that in such circumstances variations between the images and descriptions provided on the website and the goods as delivered may occur, and you agree not to hold us responsible for any such variations.

Guarantee.

1)   If there is any serious quality issues with the fresh floral product within 24 hours of delivery we will replace the flowers and deliver them to the Delivery Address, at no additional cost to you the sender, provided that the recipient:

a.   Followed the “Longevity Tips”;

b.   Call our studio as soon as reasonably practicable to notify us of such damage; and

c.   email digital photos of the issue to alissa@funandfabulousfloral.com 

2)   If in accordance with the clause above we provide you with a replacement arrangement then, subject to any statutory rights you may have which cannot be excluded, you agree we have completely discharged our obligations, and any liability we may have, to you.

Cancellation and changes.

1)   Under our cancellation policy, we will refund 100% of the purchase price paid if you cancel an order by calling our studio at 785-608-9808 or emailing us at alissa@funandfabulousfloral.com at least 48 hours prior to the Delivery Date. Orders of which are not subject to refund include but are not limited to:

a.   Weddings and Special Event floral

b.   Fresh floral orders that require special order or product

c.   Customized/Special Order everlasting arrangements, if already created

2)   We reserve the right to not accept changes to orders for delivery on special calendar events, including but not limited to Thanksgiving, Valentine’s Day or Mother’s Day.

3)   We may, at our sole discretion, reject an order for goods, if, for example, we are unable to arrange delivery to your delivery address. In that case we will notify you as soon as possible and will refund any amounts paid by you in respect of those goods.

Indemnity

You will, to the maximum extent permitted by the law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:

a.   your use of the website;

b.   your use of products purchased from us;

c.   your provision of incorrect information to us; or

d.   any breach of these Terms.

Vis Major

If by reason of any fact, circumstance, matter or thing beyond our reasonable control, including but not limited to war, strike, riot, act of God (such as flooding, snow, etc), we are unable to perform any obligation under this agreement, we are relieved of that obligation to the extent that we are so unable to perform and are not be liable to you in respect of such inability.

Warnings

1)   Flowers and foliage are not for human or animal consumption and we cannot be held liable for any damages incurred as a consequence of consumption.

2)   You must advise us when placing the order for flowers if the Recipient has any allergies to particular types of flowers. If you do not do so then we will not be able to take any allergies into account when supplying the products.

3)   We do not accept responsibility for:

a.   Any use of this website which is illegal or prohibited by laws which apply to you;

b.   Any interference or damage to your own computer which arises in connection with your use of this website;

c.   Losses you may sustain due to unauthorized access to or alteration of your transmissions or data or of information contained on your computer or on this website; or

d.   Malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.

Linked websites.

This website may contain third party links to other websites, including websites operated by third parties. We are not responsible for the content or privacy practices associated with linked websites or third party advertisements that might incur as a result.

Website Information.

This web site, and the information which it contains, is the property of Fun and Fabulous Floral and Gifts LLC and its affiliates, and is protected from unauthorized copying and dissemination by international conventions and other intellectual property laws. By way of example only, you may not copy and use any and all information from the site without written permission of all parties involved, for any means.

Privacy Policy.

This policy covers how Fun and Fabulous Floral and Gifts LLC  (“we”, “us” and “our”) treats personal information that the company collects and receives, including information related to your past use of Fun and Fabulous Floral and Gifts LLC Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage.

Confidentiality.

Client records are regarded as confidential and therefore will not be divulged to any third party unless legally required to do so to the United States of America authorities. Clients have the right to request sight of, and copies of any and all of their Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We disclose personal information only to those of our employees and contractors that (i) need to know that information in order to process it on our behalf or (ii) to provide services available at our website, and (iii) that have agreed not to disclose it to others. By using the Fun and Fabulous Floral website, you consent to the transfer of such information to them. Other than to its employees, contractors and affiliated organizations, as described above, we disclose personal information only when required to do so by law.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. If you are a registered user of FunandfabulousFloral.com and have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with us and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. We take all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of personal information. Any emails sent by us will only be in connection with the provision of agreed services and products.

Contact.

Please feel free to contact us if you have any questions about our Privacy Policy or the information practices of the site. You may contact us at:

alissa@funandfabulousfloral.com

785-608-9808