Terms and Conditions

Effective Date: 06/21/24

1. Introduction

Welcome to the Arts and Flowers, LLC website (“Site”), operated by Arts and Flowers, LLC (“we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Site, the services provided therein, and your purchase of our products. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Site.

2. Eligibility

  • Account Access: You must be at least 13 years old to register an account or otherwise access the Site.

  • Purchasing Requirement: To make any purchases on the Site, you must be at least 18 years old.

  • Purchases by Minors: Arts and Flowers, LLC is not responsible for any purchases made by individuals under the age of 18. Any purchase made by a minor is considered unauthorized, and no refunds will be provided for such transactions.

  • Compliance: By using our Site, you represent that you meet the applicable age requirements and agree to comply with all applicable federal laws, as well as the laws and regulations of the State of Maryland and Montgomery County.

3. User Accounts and Registration

  • Account Creation: To access certain features of our Site (such as order tracking, personalized offers, or participation in promotions), you may be required to register for an account. During registration, you agree to provide accurate, current, and complete information as prompted by our registration forms.

  • Username Requirements: When creating a username:

    • It must be unique and not infringe on any third-party rights.

    • It should not contain any offensive, obscene, or otherwise inappropriate content.

    • We reserve the right, at our sole discretion, to reject or modify any username that does not comply with these guidelines or that we deem unsuitable.

  • Account Security: You are responsible for safeguarding your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

  • Account Termination: We reserve the right to suspend or terminate your account, and/or refuse access to the Site, if you violate these Terms, engage in fraudulent or unlawful behavior, or otherwise misuse the account registration process.

4. Orders, Payment, and Billing

  • Order Acceptance: All orders placed through the Site are subject to our acceptance. We reserve the right to refuse or cancel any order for reasons including, but not limited to, product availability, errors in product or pricing information, or suspected fraudulent activity.

  • Pricing and Descriptions: Prices and product descriptions on the Site are provided for informational purposes only and are subject to change without notice. We make every effort to display accurate pricing information; however, errors may occur.

  • Payment Processing: Payment for orders is processed securely through our designated payment processors. By placing an order, you authorize Arts and Flowers, LLC to charge your designated payment method for the total amount of your purchase, including applicable taxes and shipping fees.

  • Billing Information: You agree to provide complete and accurate billing information. Any failure to provide accurate billing details may result in delays or cancellation of your order.

  • Minors’ Purchases: As stated under Eligibility, purchases made by individuals under 18 are unauthorized. Arts and Flowers, LLC disclaims all responsibility for such transactions, and no refunds will be issued for purchases made by minors.

5. Shipping, Delivery, and Handling

  • Shipping Information: It is your responsibility to ensure that all shipping information provided is correct and complete. We primarily serve customers within Maryland, including Montgomery County, though shipping may also be available to other regions.

  • Delivery Times: Delivery times are provided as estimates and are subject to delays due to unforeseen circumstances, especially given the perishable nature of our flower products. While we strive to deliver your order promptly, we cannot guarantee delivery dates.

  • Risk of Loss: All products are made to order. Risk of loss passes to you upon delivery to the carrier. In the event of damage or issues during transit, please contact us immediately.

  • Shipping Costs: Shipping fees will be clearly disclosed at checkout. Costs may vary based on delivery location and the selected shipping method.

6. Product Quality, Seasonal Variability, and Substitution

  • Quality Assurance: We are committed to providing high-quality flowers and products. However, due to the natural variability of fresh flowers, slight variations in color, size, and arrangement may occur.

  • Seasonal Availability: Some products are available only during certain seasons or for a limited time. In the event that a product becomes unavailable, we reserve the right to offer a comparable substitute.

  • Product Descriptions: We endeavor to provide accurate product descriptions and images; however, differences may exist between the online depiction and the actual product received due to natural variations.

7. Returns, Refunds, and Exchanges

  • Perishable Nature: Due to the inherent perishable nature of flowers, returns and exchanges are generally not accepted unless the product is defective, damaged, or not as described.

  • Defective or Damaged Products: If you receive a product that is defective or damaged, please notify us within [insert timeframe, e.g., 48 hours] of receipt with detailed information and photographic evidence. We will assess the situation and, at our discretion, offer a replacement, store credit, or refund in accordance with applicable Maryland consumer protection laws.

  • Refund Policy for Minors’ Purchases: As noted in the Eligibility section, any purchases made by individuals under the age of 18 are considered unauthorized, and no refunds will be provided for such transactions.

8. Intellectual Property Rights

  • Ownership: All content on the Site, including text, images, graphics, logos, trademarks, and software, is owned by or licensed to Arts and Flowers, LLC and is protected by copyright, trademark, and other intellectual property laws.

  • Limited License: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes, subject to these Terms.

  • Restrictions: You agree not to reproduce, distribute, modify, publicly display, or create derivative works from any content on the Site without the express written permission of Arts and Flowers, LLC.

9. Privacy and Data Protection

  • Privacy Policy: Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Site, you consent to the practices outlined in our Privacy Policy.

  • Data Security: We implement reasonable security measures to protect your information; however, we cannot guarantee absolute security due to the inherent risks of operating online.

10. Limitation of Liability and Disclaimers

  • Disclaimer of Warranties: The Site and all products and services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

  • Limitation of Liability: To the fullest extent permitted by law, Arts and Flowers, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or the purchase of our products. Our total liability, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the amount paid by you for the product(s) in question.

  • Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of nature, war, terrorism, labor disputes, or other unforeseen events.

11. Indemnification

You agree to indemnify, defend, and hold harmless Arts and Flowers, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

  • Your use of the Site;

  • Your violation of these Terms;

  • Your infringement or misappropriation of any intellectual property or other rights of any third party;

  • Any fraudulent or unlawful conduct related to your account or transactions.

12. Modifications to the Terms

  • Right to Amend: Arts and Flowers, LLC reserves the right to modify, update, or replace these Terms at any time without prior notice.

  • Continued Use: Your continued use of the Site following any changes indicates your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates.

13. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Maryland and applicable United States federal law, without regard to its conflict of law principles.

  • Jurisdiction: Any disputes arising out of or in connection with these Terms or the use of the Site shall be subject to the exclusive jurisdiction of the state or federal courts located in Montgomery County, Maryland.

  • Dispute Resolution: Prior to initiating litigation, you agree to attempt to resolve any disputes directly with us. If a resolution cannot be reached, you agree to resolve disputes through mediation or arbitration as an alternative to litigation, except where prohibited by law.

14. Third-Party Websites and Content

  • External Links: The Site may contain links to third-party websites or resources. These links are provided for your convenience only. We are not responsible for the content, products, or services on any third-party sites.

  • No Endorsement: Inclusion of any link does not imply endorsement by Arts and Flowers, LLC of the linked site or its content.

15. Termination of Access

  • Termination Rights: Arts and Flowers, LLC reserves the right to terminate or suspend your access to the Site, without notice, for conduct that we believe violates these Terms or is harmful to other users or our business.

  • Effect of Termination: Upon termination, your right to use the Site will immediately cease, and you must promptly destroy any materials obtained from the Site, including any proprietary content.

16. Site Changes and Service Interruptions

  • Site Modifications: We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

  • No Liability for Interruptions: We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any services provided through the Site.

17. Entire Agreement and Severability

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Arts and Flowers, LLC regarding your use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

18. Contact Information

If you have any questions, comments, or concerns regarding these Terms or the Site, please contact us at:
Email: Support@artsandflowersusa.com
Mailing Address: 14330 Gate Dancer Ln, Boyds MD, 20841

By using our Site and purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.