Terms & Conditions
Terms and Conditions for Boston Flower Co.
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Boston Flower Co. accessible at Bostonflowerco.com.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
Intellectual Property Rights
Other than the content you own, under these Terms, Boston Flower Co. and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Boston Flower Co. may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Boston Flower Co. a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party's rights. Boston Flower Co. reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided “as is,” with all faults, and Boston Flower Co. express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall Boston Flower Co., nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Boston Flower Co., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Boston Flower Co. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Boston Flower Co. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Boston Flower Co. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Boston Flower Co. and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Country, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Country for the resolution of any disputes. If a case arises mediation must be used to handle all maters.
This privacy notice discloses the privacy practices for bostonflowerco.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
All sales are final. We accept returns for refund or exchange, for items damaged in transit.
Refunds and Exchanges
To be eligible for a refund or exchange, you must first email us within 7 days of receiving the artwork at email@example.com to alert us of the damage, then return the damaged item to us. Pictures of the damage must be provided. The item must be returned in the current state. Any further damage will result in customers full or partial loss of refund. Shipping costs are the customers responsibility.
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted: (if applicable)
Damage occurred from shipping carrier. In this case a claim will be made with the shipping carrier and any refund will be based on their findings, whether it be full, partial, or none. Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your replacement or refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of 7 days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are damaged and that are not custom. If you need to exchange it for the same item, send us an email at email@example.com and return your item to us.
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. This does not apply to custom pieces.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver. This does not apply to custom pieces.
To return your product, you should contact us prior to shipping the item.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Lost or Stolen Packages
Boston Flower Co. is not responsible for lost or stolen packages confirmed to be delivered to the address entered for an order. Upon inquiry, Boston Flower Co. will confirm delivery to the address provided, date of delivery, tracking information and shipping carrier information for the customer to investigate.
This Payment Agreement is entered into between Boston Flower Co. and participating customer - both of whom agree to be bound by this Agreement.
WHEREAS, the Owing Party owes the Owed Party agreed upon amount; and
WHEREAS, the Owing Party and the Owed Party desire to enter into an agreement whereby the Owing Party shall pay the Owed Party the sum of the Deficiency on a payment plan according to the terms and conditions herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Owing Party and the Owed Party (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
1. Deficiency Acknowledgment
The Owing Party agrees and acknowledges that it owes the Owed Party an amount of money equal to the Deficiency as defined above. Nothing in this Payment Agreement is a waiver of any amounts owed and in the event of any breach of this Agreement by the Owing Party, the Owed Party’s rights to the Deficiency shall not be limited.
2. Owing Party Representation and Warranty
The Owing Party hereby represents and warrants that this Agreement and the payment plan herein has been developed in a manner that that the Owing Party reasonably believes it can pay the Owed Party without further interruption notwithstanding an additional change in circumstances.
3. Payment Plan
The Parties hereby agree to the payment plan as described on the Payment Plan Agreement attached hereto (the “Payment Plan”). The Owing Party agrees to make the payments to the Owed Party associated with the dates as listed on the Payment Plan.
4. Method of Payment
Payments shall be made to the Owed Party in accordance with the Payment Plan via [Payment method].
5. Release and Indemnification
In consideration for agreeing to this Payment Agreement, the Owed Party hereby releases any claims against the Owing Party related to the Deficiency as of the date of this Agreement. However, nothing in this Agreement is meant to release the Owing Party from its obligation to pay the Deficiency according to the Payment Plan herein or limit the rights of the Owed Party in collecting said Deficiency.
6. Acceleration upon Breach
In the event that the Owing Party fails to make any payments in accordance with the Payment Plan, upon reaching ten (10) days after the failure to make any such prescribed payment, the full amount of the Deficiency shall come immediately due and payable.
The Owed Party may assign this Agreement with written notice to the Owing Party. In the event of such assignment, the assignee may designate a new method of payment.
8. No Modification Unless in Writing
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
In the event any provision of this Agreement is held to be invalid, illegal, or enforceable for any reason, then the Parties agree that such provision shall be deemed to be struck and the remainder of the Agreement shall be enforced as if the struck provision were never included in the Agreement.
10. Applicable Law
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of California and subject to the exclusive jurisdiction of the federal and state courts located in San Bernardino, California
11. Laps in Payment
In the event that the Owing Party fails to make any payments in accordance with the Payment Plan, the Owed Party shall hold product until full payment is made or (30) days, whichever is lesser. Owing Party agrees that this is a reasonable amount of time to fulfill the late payment. Once payment is made in full the product will be sent within a reasonable amount of days.
Preservation (Flower) Terms
In no way is Boston Flower Co. responsible for the usability of the flowers within the artwork. Upon arrival flowers may not be in usable condition. Ex: Mold, Rot, Flower Deuteriation, Petals Falling Off, Thickness, Shape, Ect. While we will make every effort to save and use each flower, during the preservation process, some may become unusable. Flowers are a natural and perishable item that at times may be uncontrollable.
We make no claims regarding the lifespan of the flowers inside and out of the artwork. The color and integrity of the flower may change after time has passed. The progression may vary based on the type of flowers, their initial condition, their environment once received, and their natural and perishable essence. By purchasing you understand that there is no guarantee of lifespan for the flowers.
Purchaser is responsible for making bride aware of the Purchase Agreement that needs to be signed and delivered with flowers. If they have not made the bride aware, they become liable for any monetary compensation and/or damages related to the purchase.
Business Name: Boston Flower Co.
Country: United States
City: Rancho Cucamonga
Zip / Postal Code: 91739