Terms of Service
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.
Discounted delivery is available for multiple arrangements being delivered on the same date to one location. Please email us for an exact quote.
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.
Farmgirl Flowers products are personally delivered by our bicycle and scooter couriers whenever possible. When not possible, we may deliver by another vehicle or outside courier service. We make every effort to deliver your order as quickly as possible. Limited same-day delivery is available, on a first-come, first-serve basis. To ensure next day delivery, orders must be received prior to 12:00 p.m. the day prior to your desired delivery date. Saturday and Sunday deliveries are only available upon special request by contacting Farmgirl Flowers to obtain approval.
Deliveries will be made between the hours of 9 a.m. and 5 p.m. PST. We cannot guarantee delivery time, but will do our best to accommodate your preferences.
Specific instructions must be provided at time of order, to ensure recipient, or authorized receiver, is available to receive the flowers at the time of delivery. Regretfully, we are only able to make one delivery attempt. If we are unable to locate the recipient, or authorized receiver, at the time of delivery, we may leave the flowers outside of the residence or with a nearby business or neighbor. If we do leave the flowers at a different nearby location, we will notify the recipient by phone or email.
Before major holidays, we recommend that you place your orders at least five days in advance.
Delivery outside of San Francisco
At this time, Farmgirl Flowers can provide flower delivery service solely within San Francisco city limits. If you live outside of San Francisco, and would like to order multiple arrangements (for an event, business, or company collective purchase), please email us to inquire about availability for your desired date. We will try to accommodate as many requests as possible.
Delivery to Hospitals
When placing your order, please be sure to include the hospital name and telephone number, the name of the recipient and room number or ward of the recipient.
We will send your gift bouquet in accordance with facility procedures, as most hospitals do not allow florists to personally deliver to individual rooms. Please note that many ICU patients are not permitted to receive flowers. Please check with the hospital before placing your order.
Please leave very specific instructions for the delivery of your floral arrangement in the “Delivery Instructions” field during checkout. Due to delivery method being via bicycle courier, we can only make one delivery attempt for each order. In all other cases, if the recipient is not available when the courier attempts to deliver, they will either:
- Leave the arrangement with a neighbor or nearby business.
- Leave the arrangement with a business employee if delivering to a business.
- Leave the arrangement in a covered, secure area of the home (porch, garage, or other entrance).
Vase Substitution Policy
Farmgirl Flowers attempts to use vases represented in the photos on our site, however in the event that we are unable to use these vases, we will subsitute it with a vase of a similar size.
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.
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.
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 firstname.lastname@example.org. 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.
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
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.
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 Affliated 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."
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, 640 Brannan Street, San Francisco, CA 94107
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.
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.
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.
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.
Provisions Unenforceable or Invalid
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.
If you have any questions about this policy or our site in general, please contact us.