TERMS OF SERVICE

Last updated: January 19, 2017

 

  1. TERMS
    1. This website is operated by Cherries Flowers. Throughout the site, the terms “we”, “us” and “our” refer to Cherries Flowers. Cherries Flowers offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    2. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

    3. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

    4. Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

    5. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

  2. MODIFICATION OF SERVICE AND PRICES
    1. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

    2. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole and absolute discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

    3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  3. SECURITY
    1. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    2. You must not transmit any worms or viruses or any code of a destructive nature.

    3. A breach or violation of any of the Terms will result in an immediate termination of your Services.

  4. TERMS OF SALES
    1. a. By placing an order on Cherriesflowers.com, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, or delivery fees), and agree to the terms, restrictions, and conditions of the purchase as of the time you submitted the order. Unless you and Cherries Flowers have agreed to an alternate billing arrangement approved by Cherries Flowers, we will automatically bill the credit card submitted as part of the order process for such price. After placing your order, you will receive an order confirmation email. We will contact you, either by email or phone, to confirm you that we can provide your floral arrangement. A confirmation email will be sent when your order is delivered. All purchases are non-refundable.

    2. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

    3. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  5. PAYMENT
    1. Cherries Flowers uses industry's leading security technology to ensure that your order will be safe and secure. Please read our Privacy Policies for more information.

    2. Cherries Flowers accepts Visa, MasterCard, Discover, and American Express. All orders are subject to CA sales tax. You will have an opportunity to review this amount before submitting your order.

  6. DELIVERIES
    1. A delivery fee of 15$ will be added to each order, for each address within San Francisco city.

    2. For deliveries to the surrounding Bay Area we require 24 hours advance notice. If you place an order to the surrounding Bay Area through this site, an extra delivery fee, depending on the specific location, will be charged.

    3. Same day deliveries in San Francisco city must be placed before 1 PM, otherwise we cannot guarantee the delivery.

    4. We will try to best accommodate specific time preferences for delivery, but we cannot guarantee it.

    5. Saturday deliveries are only available if you contact us at least 24 hours in advance to obtain approval. We do not deliver floral arrangements on Sundays.

    6. We recommend providing specific instructions at time of order, to ensure recipient is available to receive the flowers at the time of delivery.

  7. FLORAL ARRANGEMENTS
    1. All floral arrangements photographs shown in our website are provided just as examples of the kind of products we offer and deliver. At Cherries Flowers we will deliver a unique floral arrangement created only for you in order to best accommodate your requests.

    2. At Cherries Flowers we only select seasonal, freshest and most beautiful flowers available in the market.

    3. Flowers are subject to seasonality and availability. Therefore, we cannot guarantee floral arrangements of specific variety of flowers at the time you place your order.

    4. Prices of seasonal flowers may vary depending on availability.

    5. Each order is provided within a container specifically selected for your floral arrangement.

    6. When you order custom designs, they will be created as closely as possible to your request. Color and/or variety substitutions of flowers and containers may be necessary depending on availability. Custom floral arrangements will be charged at different price than website prices.

  8. ERRORS, INACCURACIES AND OMISSIONS
    1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

    2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

    3. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    4. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  9. PERSONAL INFORMATION
    1. Our Privacy Policy governs your submission of personal information through the store. Our Privacy Policy is posted on our site along with this Terms of Service.

  10. 3RD PARTIES CONTENT
    1. Cherries Website is available in connection with third-party services that Cherries Flowers does not control. Therefore certain content, products and services available via our Service may include materials from third parties.

    2. Our store is hosted on Squarespace Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you, and therefore Squarespace Inc. will be acknowledged as a third-party beneficiary to the contract when you access or connect with our website.

    3. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

    4. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  11. INTELLECTUAL PROPERTY
    1. The content available on Cherries Flowers website, including all intellectual property rights, and any changes, modifications or corrections thereto, are the property of Cherries Flowers and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. By way of example only, and not as a limitation, CHERRIES FLOWERS and the Cherries Flowers logo are trademarks of Cherries Flowers under the applicable laws of the United States and/or other countries. Other Cherries Flowers product or service names or logos appearing on or through Cherries Flowers’s website are trademarks of Cherries Flowers and/or its affiliates. All other contents are trademarks of their respective owners. Cherries Flowers and its affiliates and licensors reserve all rights in and to content not granted expressly in this Contract.

  12. DISCLAIMER OF WARRANTY
    1. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

  13. LIMITATION OF LIABILITY
    1. UNDER NO CIRCUMSTANCES SHALL CHERRIES FLOWERS, OUR EMPLOYEES, CONTRACTORS, VENDORS, SUPPLIERS, OR SERVICE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  14. LIMITATION OF REMEDY
    1. IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL CHERRIES FLOWERS, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUG¬H THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILBALE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

  15. INDEMNITY
    1. You agree to indemnify, defend and hold harmless Cherries Flowers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  16. SEVERABILITY
    1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

  17. TERMINATION
    1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
    3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  18. CHANGES OF TERMS OF SERVICE
    1. You can review the most current version of the Terms of Service at any time at this page.

    2. We reserve the right, at our sole and absolute discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  19. CONTACT US
    1. If there are any questions regarding this Terms of Service you may contact us at katherine@cherriesflowers.com