Delivery Terms & Conditions

We ship our hand-tied bouquets, shippable vases, single variety arrangements, plants and gifts to recipients all over the contiguous United States (that means everywhere except for Alaska and Hawaii).

We work with our delivery partners to ship our arrangements boxed up safely for transit via expedited delivery methods so the flowers, plant or arrangement of your choice arrives to you or your recipient fresh and ready to enjoy.

We ship to deliver Monday through Friday during the delivery window you select during checkout. Delivery windows are 48 hour windows during which you can expect your order to be delivered. Available delivery windows vary depending on the arrangement or plant you are purchasing.

Because we work with third party delivery companies we cannot guarantee delivery times. If you are ordering for a time sensitive event we recommend selecting a delivery window prior to the day the flowers are needed.

Our shipping partners do our best to alert recipients when deliveries are made but in certain circumstances (e.g. the recipient lives in a complex with a doorperson, the delivery is made to a mailroom of an office building, etc.) the delivery driver may be unable to notify the recipient when a delivery is complete.

We always strive to exceed customer expectations, so if you have any issues at all, please let us know and we'll make it right. While we can't control conditions out of our control (acts of God, severe weather conditions, etc.) we try to go above and beyond to make it right when the unexpected happens. It's our promise.

Service Terms & Conditions

Welcome to Farmgirl Flowers! The Farmgirl Flowers website is provided by Farmgirl Flowers, Inc. and/or its affiliates and subsidiaries ("Farmgirl," “ FGF,” "we," us," "our") for your personal, non-commercial enjoyment, subject to the terms and conditions of use set forth here and all modifications thereto (the "Terms"), and the rules that may be revised by Farmgirl Flowers. By using the Site, you are explicitly agreeing to these Terms. The term "Site" includes the website located at Farmgirlflowers.com and any other online properties owned or operated by us.

We may revise these terms at any time without actual notice. All such changes to the Terms will appear on our Site, and be effective immediately. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms, please do not use this Site.

Description of Services

Farmgirl Flowers, via the Site, provides users with the ability to purchase flower arrangements, plants, and gift products and services (“Goods,” and “Services) at a low, flat rate.

Terms of Sale

By placing an order on Farmgirlflowers.com, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, or delivery fees), and agree to the terms, restrictions, and conditions of the purchase as of the time you submitted the order. Unless you and Farmgirl Flowers have agreed to an alternate billing arrangement in writing signed by Farmgirl Flowers, we will automatically bill the credit card submitted as part of the order process for such price. After placing your order, you will receive a confirmation email and a confirmation email once your order is delivered. All purchases are non-refundable.

You are required to create an account in order to purchase from Farmgirl Flowers. An account is required so we can collect information to allow you to pay for your products and provide you with easy access to print your receipts, view your past purchases, and modify your shipping and billing preferences.

Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.

Discounts

Discounted delivery is available for multiple arrangements being delivered on the same date to one location. Please email us for an exact quote.

Sales Tax

Sales taxes are not included in the price of the products. We will automatically charge and withhold the applicable sales tax for orders placed through www.farmgirlflowers.com

Delivery

Farmgirl Flowers are delivered to the Lower U.S. 48 via our shipping partners, FedEx and UPS, within the two-day delivery window selected during checkout.

Regretfully, our shipping partners are only able to make one delivery attempt. If our shipping partners are unable to locate the recipient, or authorized receiver, at the time of delivery, they may leave the flowers outside of the residence.

Before major holidays, we recommend that you place your orders at least five days in advance.

Vase and Add On Substitution Policy

Farmgirl Flowers attempts to use vases and add ons represented in the photos on our site, however in the event that we are unable to use the specific vases or add ons photographed, we will substitute it with a vase or add on of a similar size and equal or greater value.

Payment Options

Farmgirl Flowers uses the industry's leading security technology to ensure that your order will be safe and secure. Please read our Security and Privacy policies for more information.

Farmgirl Flowers accepts Visa, MasterCard, Discover, and American Express. All orders are subject to CA sales tax. You will have an opportunity to review this amount before submitting your order.

Gift Cards and Account Credit

Farmgirl Flowers is not responsible if any gift certificate is lost, stolen, or destroyed, or if your account credit or gift certificate is used without your permission. There are a variety of gift certificate scams that request payment by gift certificate. Farmgirl Flowers is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any gift certificate. Please treat your gift certificate like cash and safeguard both it and access to your Farmgirl Flowers account accordingly.

Farmgirl Flowers reserves the right to refuse to accept gift certificates that Farmgirl Flowers believes or suspects were obtained fraudulently.

Farmgirl Flowers reserves the right to require additional verification of your identity, gift certificate or account ownership, or provision of an additional payment instrument, before you are able to apply a gift certificate to your account or to make a Farmgirl Flowers purchase.

We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

Use of Farmgirl Flowers Account Credit or any Gift Certificate in Violation of these Terms and Conditions

By using a gift certificate you agree to comply with these terms and conditions, and not to use a gift certificate in any manner that is misleading, deceptive, unfair, or otherwise harmful to Farmgirl Flowers, its affiliates, or its customers. We reserve the right, without notice to you, to void gift certificates (including as a component of your Farmgirl Flowers account credit) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a gift certificate or account credit is obtained, used, or applied to a Farmgirl Flowers account (or your Farmgirl Flowers credit is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

Limitation of Liability

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR FARMGIRLFLOWERS.COM BALANCE , INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CERTIFICATE.

User Account and Profile

You will need to register by creating an account with Farmgirl Flowers (either by registering directly with us or by allowing our application to connect through your Facebook profile) in order to make a purchase from the Site. If you choose to create an account or profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique login credentials (a “User ID”). Access to the Farmgirl Flowers Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities who’s privilege to access the Site or use the Services has previously been terminated by Farmgirl Flowers may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

Farmgirl Flowers relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that has been issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

Intellectual Property

Farmgirlflowers.com is owned and operated by us and is 2010, 2011, 2012, 2013, 2014, ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on our Site, as well as the selection, assembly and arrangement thereof, and includes our current and future products and services, our Affiliate Program(s) and corporate accounts, the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Farmgirl Flowers, Inc. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.

Restrictions On Use of Material

Only if you obtain prior written consent from Farmgirl Flowers, and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from the Site. To seek our permission, you may write to us at support@farmgirlflowers.com. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Site.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Farmgirl Flowers, Inc., and partner entities. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Farmgirl Flowers or relevant third party, which may own the Marks. All information and content available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

Links to Third Party Sites

We do not have control over websites that Farmgirl Flowers may link to. Our website may contain links to third party websites that are not owned, operated, or controlled by Farmgirl Flowers. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Farmgirl Flowers, you expressly relieve us from any and all liability arising from your use of any third party website.

Disclaimers of Warranty

We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and partners make no express warranties or guarantees about the Site, Goods, or Services. The extent permitted by law, we and our Officers, Directors, Agents, Partners, and Vendors disclaim implied warranties that the site and services are merchantable, of satisfactory quality, accurately depicted and described, appropriate for a particular purpose or need, and non-infringing. We do not guarantee that Farmgirl Flowers will meet your particular purpose or need, is error-free, reliable and available at all times, and without interruption. We do not make any warranties as to privacy and security other than as expressly stated in the Privacy Policy. No oral or written information or advice given by a Farmgirl Flowers representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot, and does not attempt to, change.

Limitations of Liability

Your sole remedy for any dispute with us it to discontinue your use of Farmgirl Flowers. In no event shall our liability, or the liability of our Officers, Directors, Agents, Partners, and Vendors, for any and all claims relating to the use of the site and services, exceed the total amount of fees that you paid us during the previous one-year period of use for the specific service of the issue. We, our Officers, Directors, Agents, Partners, and Vendors, shall not be liable for any indirect, incidental, consequential, or special damages arising from your use, or inability to use, or reliance upon our site and services. These exclusions apply to any and all claims of lost profit or goodwill, even if we knew, or should have known, of the possibility of damages. If jurisdiction does not allow the exclusion of liability for damages, in such jurisdiction, our liability, and the liability of our Officers, Directors, Agents, Partners, and Vendors, shall be limited to the extent permitted by law.

Indemnity

You agree to indemnify and hold harmless Farmgirl Flowers, parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents and representatives of each of them, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your access to or use of the Service; (ii) your violation of the Terms of Service; (iii) the infringement by you, or any third party using your account, of any intellectual property, copyright infringement, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Farmgirl Flowers.

Submissions to Farmgirl Flowers and Affiliated Servers

Any information you transmit to this web site, by electronic mail or otherwise, including any data, questions, comments, suggestions, graphics or the like, is, and will be treated as, non-confidential and nonproprietary information. Any information communicated to Farmgirl Flowers through this web site is the exclusive property of Farmgirl Flowers. Farmgirl Flowers is entitled to use any information submitted for any purpose, without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Farmgirl Flowers and accepts responsibility for its accuracy, appropriateness, and legality.

Reservation of Rights and Release

Farmgirl Flowers reserves the right, but has no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other customers of Farmgirl Flowers, our partners, or Merchants. To the extent the law permits, you release us from any claims or liability related to Content posted on the Site and from any claims related to the conduct of any other Farmgirl Flowers customers or Merchants. You hereby waive California Civil Code Section 1542 (for California residents), and any similar provision in other jurisdictions (if applicable), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Copyright Notice

We respect the intellectual property rights of others, and ask that our customers and users of our website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit notification with the following information to the Copyright Agent named below:

  • Farmgirl Flowers, Inc.
  • Attn: Farmgirl Flowers, PO Box 2258, El Granada, California 94018

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  • Your username, address, telephone number, and e-mail address
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the alleged infringing material is located
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Unsolicited Materials

In operating this site, we do not solicit, nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.

Feedback

We welcome all comments, feedback, information, or materials regarding our Sites (“Feedback”), which you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of Provide Commerce. By submitting Feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis.

User's Grant Of Limited License

By communicating with us, including submitting or sending Content, a Contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us.

Electronic Communications

The communications between you and Farmgirl Flowers uses electronic means, whether you visit the Site and send us email communication, or whether Farmgirl Flowers posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Farmgirl Flowers in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Farmgirl Flowers provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. For more details, please read our Privacy Policy.

Provisions Unenforceable or Invalid

The Terms and Privacy Policy, as amended from time to time, constitute the entire Agreement (the "Agreement") between you and Farmgirl Flowers. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any order issued prior to termination will be honored according to its terms and conditions.