Welcome to TheFlowerWagon.com (the “Flower Wagon Website”). The Flower Wagon Website is hosted by The Flower Wagon, LLC. and its parent, subsidiaries and affiliates (collectively, “The Flower Wagon”, “we” or “us”).

By using the The Flower Wagon Website, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using the The Flower Wagon Website, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the The Flower Wagin Website. In addition, when you use any current or future version of the The Flower Wagon Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.

We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of The Flower Wagon Website following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement. If you do not agree to be bound by these terms and conditions you should not access this website. If you have any questions relating to these terms and conditions please email us at hello@theflowerwagon.com before placing an order.

PRIVACY

Please review our privacy policy, which also governs your use of the The Flower Wagon Website, to understand our privacy practices. The terms and conditions of our privacy policy, which are set forth above, are incorporated herein and made a part of this Agreement.

DEFINITIONS

“Conditions” means these terms and conditions;

“Product” means an item displayed for sale on the Website;

“Product Description” means that part of the Website where certain terms and conditions in respect of a Product are provided;

“Users” means the users of the Website collectively;

“Personal Information” means the details provided by you;

“We/us” means The Flower Wagon

“Website” means the website located at www.theflowerwagon.com

“You” means a user of this Website.

Use of the website

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed in accordance with these Conditions and those within our Privacy Policy and Cookie Policy. You warrant that the Personal Information which you provide as a customer is true, accurate, current and complete in all respects. You will notify us of any changes to the Personal Information by e-mailing hello@theflowerwagon.com.

OUR RIGHTS

We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website. We reserve the right to change the Conditions from time to time, and your continued use of the website (or any part of it) following any such change shall be deemed to be your acceptance of that change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

ORDERS

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Website. Your submission of personal information through the store is governed by our Privacy Policy.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

PAYMENT

Payments may be made using a debit, credit card or Paypal account using the Paypal website. All cards are subject to validation checks and authorization by the card issuer. We cannot be liable for delays or non-delivery if, for any reason, your card issuer refuses to authorize payment. Ownership of any of our products will only pass to you when we receive full payment of all sums due.

CONTRACT CREATION AND ELECTRONIC CONTRACTING

The technical steps required to create the contract between you and us are as follows:

You place the order for your products on the Website by pressing the payment button on the Payment page of the checkout process. Your credit or debit card will be charged at this point.

If you have provided a valid email address, we will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from The Flower Wagon. Order acceptance and the completion of the contract between you and us will take place upon the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it.

Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock.

Our inability to obtain authorization for your payment.

The identification of a pricing or product description error.

You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

CANCELLATION AND REFUND POLICY

When you place an order on our website, if you realize you have made a mistake, or if you change your mind, we are able to amend or cancel within 24 hours.

A refund/replacement can be made if the customer establishes that the quality of product delivered is not as advertised.

 In case of receipt of damaged flowers or other products, please contact us for a refund/replacement. The matter should be reported within 24 hours of receipt.

In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to our notice within 24 hours of receiving the product.

DESCRIPTION OF PRODUCTS

Each item purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.

Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

COPYRIGHT

We reserve, wholly and without exception, absolute copyright over all images used on this website, and all images included in any product, from prints, photographs, graphics and artworks to packaging or any embellishments to such packaging. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website, and as part of all and any of our products shall remain at all times vested in us and/or our licensors.

You acknowledge and agree that the material and content contained within the Website, and/or within all and any of our products, is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

ERRORS, INACCURACIES AND OMISSIONS
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).

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.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

COMPLIANCE WITH LAWS

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

LIMITATION OF LIABILITY

While we endeavor to ensure the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. 

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

INDEMNIFICATION

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

SEVERANCE

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.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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. 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).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of San Francisco, California in the United States.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole 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.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@theflowerwagon.com.