Terms of service

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Please note that floristry is an art form, therefore, each designer creates art with their interpretations. Although we have photos on the website of the designs, each design is individually created and we match the flowers, shape etc. but it's not going to be an exact match with the photo. Also each arrangement and container might vary slightly depending on local availability.

Our Guarantee

Every order is important to us because we know how important it is to you. We earnestly endeavor to please every customer with beautiful flowers and accommodating service. Knowing that flowers are a perishable natural product and that floral arrangements and floral gifts are handmade, we make every effort to fortify our floral products and ensure the quality, accuracy, and beauty of our work. Many variables determine whether a flower will last as long as anticipated or whether a designer has created something which you will enjoy. Because we constantly seek ways to bring some of these variables under our control for improved floral performance, we welcome your comments and inquiries. Also, if you are not satisfied with the quality of one of our products, then please contact us immediately and we will promptly take the appropriate action. We do have policies in place to safeguard our business please see below and ask that you contact us in the first 24 hour period after delivery if there is any concern. All prices and fees are shown on the receipt and also shown on the computer screen before the order is completed. We charge for delivery and it is added to the order at checkout. If you have any questions, please feel free to call us at 415-388-7781.

Social Media Reviews

We appreciate reviews as they help us grow in our customer base, however, negative reviews are harmful and often due to a misunderstanding that can be resolved directly with our team. If you have an issue, we would like to discuss it one on one and come to a resolution. We respond in a general way to negative reviews online but rest assured that if you call us, we will do our best for you. Please call 415-388-7781 so that we can help you.

Daily Design

We can help you with weddings, events, and daily design. You can order at www.millvalleyflowers.com or call 415-388-7781. We generally answer the phone or call you back that business day. We are a very small family owned business and we hope you will call us. During high volume times, we have a minimum $85.00 per order on deliveries only. Walk ups have no minimum but there may be a line.

Special requests

We take special requests like texting photos (add $5.00) however, in busy holiday periods we are likely not able to accommodate but we will take each request into consideration. We do have the right to refuse service to anyone if we feel they are in any way abusive or financially harmful to our team. Our policies are strictly enforced however we do not discriminate EVER!

Status Updates

Unfortunately we do not have the bandwidth to give status updates as it takes away from our focus from our design work. When our products are out for delivery...we are unable to stop delivery once dispatched. If you placed your order online you will receive an email with a delivery confirmation the next business day of the date of the delivery, if you did it over the phone we are not able to update a delivery status the same day, you can call to the shop the next business day to get a confirmation.

Substitution Policy
Fresh Flowers

We are committed to delivering your important emotional sentiments on time and as fresh and beautiful as possible. Because of the nature, seasonality, and regional availability of flowers it is sometimes necessary to make substitutions of equal or greater value. We will make every effort to maintain the "look and feel" of the arrangement by considering the overall shape, size, style, and color combinations. Sometimes flowers are not available in the season our customers would like them. We do everything we can to get the flowers our customers wish for but if they are out of season and not available then we have no choice but to make a substitution or omit that one flower type from the arrangement. If the designer feels that the alternative adornments to the design are not pleasing or look right, they may be omitted or change color. Each designer in our shop has a different taste and may improve on the design in our photo or add their best aesthetic to the design. The designer's choice option is always of equal or more value, in which case you are not charged more.

Plants

For green and blooming plants, similar plants may be substituted of equal or greater value. For one-of-a-kind plants, such as orchids, we will make every attempt to match the plant type but may substitute with another color. Containers for plants will be as close as possible but we sometimes have to change the container if sold out or no longer available.

Substitutions for Special Occasions

Due to the importance of delivering orders for special occasions, such as funerals, birthdays, and anniversaries, on specific days, we may make a substitution of equal or greater value to ensure timely delivery. If the flowers you requested are not available, and we are not able to contact you via the phone number(s) or email address you provided us, we will move forward with our designer’ choice to implement the order. This decision and policy does not qualify for a refund if you are not in alignment with our designer’s choice.

Delivery Policy / Refund

We are unable to guarantee delivery at a specific time, but we are normally able to deliver within four to five hours on orders received before cut off time. You can request an AM or PM delivery (AM delivery frame time could be around 10:30 - 12:00), however, during holidays, guaranteeing a set time will not be possible. During major holidays such as Mother's day or Valentine’s Day, our routes are determined by location. If by chance we have a delivery issue our policy is to return the funds the next business day, as long as delivery was our mistake, however, if given the wrong address, recipients out of town or the delivery is ordered to be left unattended and is then compromised under no control of our own, we are unable to offer a refund as we fulfilled the order from product, to design to delivery to the address provided which is documented by our drivers. In case of refunds, we make every effort to refund immediately within 48 hours, however due to credit card processing it generally can take 5-10 business days to show on your bank statement/credit card statement.

If No One is Home

Depending on the delivery location, if the recipient is not available at the time of delivery, the delivery person will make every attempt to leave the arrangement in a safe place for the recipient to retrieve when they return, out of direct sunlight or rain if possible.

Recipient May Be Contacted

In some cases, time permitting, our team may contact the recipient to ensure s/he/they will be home to accept the delivery or any delivery issues with the address, that's why get a recipient phone number is really important to us when you order with us.

Request to Leave Item at Door

The customer assumes all liability for requests to leave arrangements to a doorstep, porch, yard or any location where the recipient cannot accept the arrangement themselves. We cannot be held responsible for missing or faulty products due to this request. At the end of the day, we will call to all the recipients which their deliveries was left at the front door to confirm/let them know about their flowers

Holiday Policy

During special holiday times like Valentine’s day or Mother's day, thanksgiving, christmas season or any holiday where we are doing a large volume of orders, we will often ask customers calling to complete their orders online in order to provide a more effective service. Information put into the system by you will have a higher likelihood of your order being handled expeditiously as collecting addresses, card notes, credit card information by phone is time consuming and subject to errors in a rush. We thank you for your team work on that!

This website is operated by Mill Valley Flowers. Throughout the site, the terms “we”, “us” and “our” refer to Mill Valley Flowers. Mill Valley 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.

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”, “Terms”), 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.

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.

Any new features or tools which 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

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.
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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

Intellectual Property and Use of Images

All content on this website, including but not limited to images, graphics, logos, and multimedia files, is the property of Mill Valley Flowers or its content suppliers, and is protected by intellectual property laws, including copyright and trademark laws. You may not use, reproduce, distribute, modify, or display any content from this website without prior written consent from Mill Valley Flowers.

Any unauthorized use of our images or other intellectual property may result in legal action, including but not limited to claims for damages and/or injunctions to prevent further unauthorized use.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

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.
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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole 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.
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.

SECTION 6 - 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.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
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.
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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - 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.

SECTION 12 - 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.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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.
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.
In no case shall Mill Valley Flowers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mill Valley 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.

SECTION 15 - SEVERABILITY

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.

SECTION 16 - 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).

SECTION 17 - 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.

SECTION 18 - 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 54 Throckmorton Ave Mill Valley California US 94941.

SECTION 19 - 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.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at wendy@millvalleyflowers.com

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