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Terms and Conditions

 

FRENCH FLORIST TERMS AND CONDITIONS

Last Updated: March 31, 2026

These Terms and Conditions (“Terms”) are entered into by and between you and French Florist Holdings Co. (“French Florist,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, mobile site, mobile application, text messaging programs, email communications, social media pages and interactions, loyalty or rewards programs, gift cards, subscriptions, memberships, purchases made through customer service or by telephone, and any related content, products, services, technologies, features, and functionality that we make available now or in the future (collectively, the “Services”).

By accessing, browsing, using, registering for, purchasing through, or otherwise interacting with any of the Services, you accept and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms or the Privacy Policy, do not use the Services.

1. Scope of Services

The Services may include, without limitation, floral arrangements, bouquets, plants, candles, chocolates, food items, beverages, wine or alcohol where legally offered, gifts, gift products, subscriptions, memberships, event and corporate floral services, house accounts, local courier delivery, same-day delivery, third-party florist fulfillment, marketplace offerings, customer service interactions, SMS programs, loyalty programs, gift cards, and any additional products, services, features, or offerings we may make available from time to time.

The Services are offered for personal, lawful, and authorized use only. We reserve the right to modify, suspend, discontinue, restrict, or add to the Services, in whole or in part, at any time, with or without notice, in our sole discretion.

2. Eligibility

You must be at least eighteen (18) years old and able to form a binding contract under applicable law to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

If we offer products that are age-restricted, including alcohol where permitted by law, you represent and warrant that you are legally permitted to purchase, receive, and use such products. We reserve the right to require age verification and to refuse, cancel, or delay any order if we are unable to verify legal eligibility.

3. Changes to These Terms

We may revise these Terms from time to time in our sole discretion. Changes will be effective upon posting, unless otherwise stated. Your continued use of the Services after revised Terms are posted constitutes your acceptance of those revised Terms.

We encourage you to review these Terms periodically. We may also provide additional notice of material changes where we deem appropriate, but we are not obligated to do so except as required by law.

4. Account Registration and Account Security

Certain features of the Services may require you to create an account or provide information such as your name, phone number, email address, payment information, billing address, delivery address, login credentials, or other identifying information.

You agree that all information you provide is true, accurate, current, complete, and kept up to date. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

We reserve the right, in our sole discretion and at any time, to suspend, restrict, terminate, disable, reclaim, or refuse any account, username, loyalty account, membership, subscription, stored value account, house account, or other identifier for any reason or no reason, including suspected fraud, misuse, inactivity, legal risk, chargebacks, abuse of promotions, or violation of these Terms.

5. Orders; Acceptance; Refusal; Cancellation; Operational Discretion

All orders are subject to acceptance, availability, verification, operational feasibility, and our sole discretion. We reserve the right, without liability, to refuse, reject, limit, cancel, delay, hold, split, or condition any order or portion of an order at any time and for any reason, including for:

  • pricing, typographical, promotional, technical, or descriptive errors;
  • inventory shortages;
  • product unavailability;
  • recipient unavailability;
  • delivery limitations;
  • weather, safety, traffic, disaster, or force majeure events;
  • quality-control concerns;
  • substitution requirements;
  • suspected fraud, misuse, or unauthorized activity;
  • failed payment authorization;
  • legal or regulatory issues;
  • inappropriate or prohibited messages or content;
  • abuse of promotions, gift cards, loyalty credits, subscriptions, memberships, or referral programs;
  • operational constraints; or
  • any other reason determined by us in our sole discretion.

No order is final until accepted by us. Confirmation emails, text messages, order numbers, or charges do not necessarily constitute final acceptance. We may verify information before acceptance and may request additional information from you at any time.

6. Products; Substitutions; Variation; Availability

You acknowledge and agree that flowers, plants, food items, beverages, gifts, and other products are subject to seasonal, regional, vendor, fulfillment, and inventory variation.

Product photographs, colors, sizes, floral varieties, vase styles, containers, packaging, decorative elements, gift items, and presentation are illustrative only and may vary materially from the delivered product. We reserve the right to substitute flowers, stems, containers, vessels, packaging, gift items, product components, accents, or other elements with items of equal or greater value, and to make such substitutions with or without notice, in our sole discretion.

We do not guarantee exact duplication of any photograph, arrangement, floral recipe, product image, color tone, bloom stage, botanical variety, or design aesthetic. Variations from photos, descriptions, and prior arrangements are expected and accepted as part of the Services.

7. Delivery; Attempted Delivery; Risk of Loss

Delivery windows and timing are estimates only. We do not guarantee delivery at any particular time unless expressly agreed by us in writing, and even then all delivery commitments remain subject to events beyond our control and operational realities.

You are responsible for providing complete, accurate, and accessible delivery information. We are not responsible for non-delivery, delay, or additional charges resulting from inaccurate or incomplete information, gated access issues, business closures, recipient unavailability, refusal by recipient, unsafe delivery conditions, inaccessible premises, or inability to contact the recipient or sender.

Unless prohibited by law or specifically restricted by us, deliveries may be left unattended at the delivery location, with a receptionist, front desk, neighbor, doorman, mail room, or other person or place reasonably believed to be associated with the recipient or address. Delivery may be deemed completed upon such drop-off or attempted delivery.

As between you and French Florist, the sender assumes the risk of loss, damage, deterioration, theft, weather exposure, temperature exposure, or recipient dissatisfaction once delivery has been completed or reasonably attempted.

8. Pricing; Payment; Taxes

All prices are shown in U.S. dollars unless otherwise stated. Prices, fees, service charges, delivery charges, surge charges, convenience fees, handling charges, taxes, and other charges may change at any time without notice.

You agree to pay all amounts due in connection with your use of the Services, including applicable taxes, fees, surcharges, tips, subscription fees, recurring fees, replenishment charges, and other charges. You authorize us and our payment processors to charge your chosen payment method for all such amounts.

We may use third-party payment processors and reserve the right to preauthorize, verify, place holds on, or decline transactions. You represent and warrant that you are authorized to use the payment method you provide.

If you enroll in any subscription, membership, recurring billing, replenishment, or auto-renew feature, you authorize us to charge your payment method on a recurring basis in accordance with the applicable terms presented at the time of enrollment, until cancelled or terminated.

9. Returns; Credits; Refunds; Remakes; Cancellations

Because many of our products are perishable, customized, time-sensitive, or made to order, all claims must be reported to us within twenty-four (24) hours of delivery or attempted delivery. We may require photographs, videos, or other supporting information, and you agree to provide such materials promptly if requested.

If we determine, in our sole discretion, that a credit, replacement, remake, partial credit, or refund is appropriate, we may provide one in the form and amount we choose. Store credit is our preferred remedy in most cases. Refunds or remakes may be offered only in outstanding circumstances and only in our sole discretion.

We reserve the right to deny any claim where requested documentation is not timely provided, where the issue was caused by inaccurate delivery information, where products were left unattended, where natural floral or botanical variation is involved, where the product was mishandled after delivery or attempted delivery, or where the claim otherwise falls outside our policies or discretion.

Orders may not be canceled once design, processing, routing, production, sourcing, or preparation has begun, as determined by us in our sole discretion.

Gift cards, promotional credits, loyalty redemptions, memberships, subscriptions, custom work, event work, specialty orders, corporate orders, and prepaid offerings may be non-refundable, non-returnable, non-transferable, or subject to additional conditions.

10. Gift Cards; Credits; Loyalty; Memberships; Promotions

We may offer gift cards, loyalty credits, points, memberships, subscriptions, promotional codes, referral credits, discounts, and other incentives or stored-value features (collectively, “Programs”). All Programs are revocable, limited, non-transferable, and subject to modification, suspension, or termination at any time in our sole discretion, with or without notice, except as prohibited by applicable law.

We reserve the right to:

  • change earning rules, redemption rules, expiration periods, eligibility criteria, or value calculations;
  • void, reverse, or refuse any credit, point, reward, gift card, or benefit;
  • restrict or terminate participation;
  • expire any Program benefit to the fullest extent permitted by law; and
  • correct errors, omissions, or abuse relating to any Program.

Programs have no cash value unless required by law. Abuse, fraud, resale, manipulation, or bad-faith conduct may result in suspension, forfeiture, cancellation, or legal action.

11. SMS Terms and Mobile Messaging Program

By providing your mobile phone number to us, submitting a form containing mobile disclosures, checking an opt-in box, texting a keyword, signing up through our website, mobile app, checkout, account registration, customer service process, loyalty or rewards flow, promotional form, lead form, social media form, event form, or otherwise affirmatively opting in, you agree to receive SMS or MMS messages from French Florist and on our behalf, including by autodialed, automated, or other technology to the fullest extent permitted by law.

These messages may include, without limitation:

  • order confirmations;
  • order updates;
  • delivery notifications;
  • account alerts;
  • verification and authentication messages;
  • customer service communications;
  • loyalty, rewards, membership, and subscription communications;
  • cart reminders;
  • promotional offers;
  • marketing messages;
  • seasonal campaigns;
  • win-back campaigns;
  • event-related communications; and
  • other informational or promotional messages related to our business.

Message frequency may vary. Message and data rates may apply. Consent to receive promotional text messages is not a condition of purchase unless expressly stated otherwise in compliance with applicable law.

You represent and warrant that:

  • the mobile number you provide is your number or that you are authorized to provide it;
  • you are authorized to incur any charges associated with messages sent to that number; and
  • you will promptly notify us if your number changes.

You may opt out of recurring text messages at any time by replying STOP to a message you receive from us. For assistance, reply HELP or contact us at info@frenchflorist.com. After you send STOP, we may send you a one-time confirmation message. Opting out of promotional messages will not necessarily prevent us from sending you transactional or service-related messages, including messages regarding orders, deliveries, account security, or ongoing business relationships, to the extent permitted by law.

Carrier participation is not guaranteed. Supported carriers may change without notice. Carriers are not liable for delayed or undelivered messages. We do not guarantee message delivery, message accuracy, message timing, or continuous availability of any messaging program.

We reserve the right to modify, suspend, terminate, or replace any SMS program, short code, long code, toll-free messaging program, campaign, or messaging feature at any time, with or without notice.

To the fullest extent permitted by law, you agree that we shall not be liable for delayed, failed, or misdirected messages; for information transmitted through messaging services; for errors in any message content; or for any action you may or may not take in reliance on any message.

12. Email; Push; Social; Other Communications

By using the Services, you consent to receive communications from us electronically, including by email, in-app message, push notification, social media communication, direct message, or other electronic means, for transactional, account, service, legal, operational, and, where permitted, marketing purposes.

You are responsible for keeping your email address, mobile number, and other contact information current and capable of receiving communications from us.

13. User Content and License to French Florist

The Services may allow you to submit or transmit reviews, comments, ratings, messages, photographs, videos, audio, card messages, custom notes, personalized video messages, social media content, testimonials, survey responses, ideas, suggestions, or other content (collectively, “User Content”).

You retain whatever ownership rights you may have in your User Content, but by submitting, uploading, transmitting, displaying, posting, or otherwise making User Content available through or in connection with the Services, you grant French Florist and its affiliates, licensees, successors, assigns, vendors, service providers, marketing partners, and designees a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up right and license to use, host, store, reproduce, distribute, modify, adapt, edit, create derivative works from, publish, publicly display, publicly perform, transmit, commercialize, exploit, analyze, train systems on, and otherwise use such User Content in any media or format now known or later developed, for any lawful business purpose, including marketing, advertising, merchandising, analytics, training, product development, and internal business purposes.

You represent and warrant that:

  • you own or control all rights necessary to grant this license;
  • your User Content does not violate any law or third-party right;
  • your User Content is accurate to the best of your knowledge; and
  • your User Content complies with these Terms.

We may, but are not obligated to, monitor, review, edit, remove, reject, or moderate User Content at any time and for any reason, in our sole discretion.

14. Prohibited Conduct

You may not use the Services:

  • for any unlawful, fraudulent, deceptive, harmful, abusive, harassing, defamatory, obscene, or infringing purpose;
  • to violate the rights of any person or entity;
  • to submit false delivery information, false identities, or misleading payment information;
  • to abuse promotions, gift cards, credits, loyalty features, or customer service channels;
  • to interfere with or disrupt the Services;
  • to access or attempt to access any non-public portion of the Services;
  • to use bots, crawlers, scrapers, spiders, data-mining tools, automated scripts, or similar means without our prior written permission;
  • to reverse engineer, decompile, disassemble, mirror, frame, or reproduce any part of the Services except as expressly permitted by us;
  • to use the Services or any content for competitive benchmarking, competitive intelligence, or to train third-party systems without our prior written consent;
  • to transmit any virus, malware, malicious code, or harmful material; or
  • in any way that could damage, disable, overburden, impair, or compromise the Services or the rights, safety, property, or reputation of French Florist or others.

15. Intellectual Property

The Services, and all content, trademarks, logos, trade dress, designs, text, graphics, photographs, videos, software, source code, object code, features, functionality, data compilations, and other materials made available through the Services, are owned by French Florist or its licensors and are protected by applicable intellectual property and proprietary rights laws.

Except for the limited right to use the Services for their intended purpose in accordance with these Terms, no right, title, or interest is transferred to you. All rights not expressly granted are reserved by French Florist.

16. Artificial Intelligence; Personalization; Future Features

We may use automated systems, machine learning, artificial intelligence, rules-based tools, personalization systems, recommendation engines, fraud-detection tools, geolocation tools, analytics technologies, pricing engines, segmentation tools, and similar technologies in connection with the Services. We may also add future features, programs, products, channels, marketplaces, memberships, recurring services, promotional systems, and fulfillment methods without separately amending these Terms each time.

Your use of any such feature remains subject to these Terms and any supplemental terms we may provide.

17. Third-Party Services and Fulfillment Partners

The Services may involve third-party florists, delivery partners, couriers, marketplaces, payment processors, platforms, social media providers, analytics providers, carriers, communications providers, and other third parties. We may rely on such parties in connection with fulfillment, payment processing, communications, tracking, advertising, support, operations, and related services.

We do not control and are not responsible for third-party products, services, performance, content, policies, systems, downtime, or conduct except as required by law.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, ALL PRODUCTS, ALL DELIVERIES, ALL CONTENT, AND ALL FEATURES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, FRENCH FLORIST DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, QUIET ENJOYMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR MEET YOUR EXPECTATIONS.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • ANY PRODUCT WILL EXACTLY MATCH A PHOTO OR DESCRIPTION;
  • ANY DELIVERY WILL OCCUR AT A PARTICULAR TIME;
  • ANY MESSAGE OR COMMUNICATION WILL BE RECEIVED;
  • ANY FEATURE WILL REMAIN AVAILABLE;
  • ANY DEFECT WILL BE CORRECTED; OR
  • ANY SERVICE WILL BE FREE OF INTERRUPTION, DELAY, MALFUNCTION, OR HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRENCH FLORIST, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, PARTNERS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR USE, ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, DELIVERIES, COMMUNICATIONS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FRENCH FLORIST AND ITS RELATED PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, DELIVERIES, COMMUNICATIONS, OR THESE TERMS SHALL NOT EXCEED THE LESSER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100); OR (B) THE AMOUNT YOU PAID TO FRENCH FLORIST FOR THE SPECIFIC ORDER OR TRANSACTION GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT PROHIBITED BY LAW.

20. Assumption of Risk

Certain flowers, plants, foods, beverages, candles, fragrances, chocolates, and other products may be perishable, fragile, allergenic, toxic, temperature-sensitive, pet-toxic, or otherwise potentially hazardous depending on use, handling, environment, species, or recipient circumstances. You knowingly assume all risks associated with ordering, sending, receiving, handling, displaying, consuming, gifting, or storing such products.

You are solely responsible for determining whether any product is appropriate for the sender, recipient, household, child, pet, business, or environment involved.

21. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless French Florist and its affiliates, licensors, service providers, partners, successors, assigns, officers, directors, employees, contractors, and agents from and against any claims, demands, actions, damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • your use of the Services;
  • your breach of these Terms;
  • your User Content;
  • your violation of any law or third-party right;