Terms of Service
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
TERMS OF USE
Welcome to Primary Petals! Please read on to learn the rules and restrictions that govern your use of our Site, products, and services (the “Services”). The term “Site” includes the website located at http://www.primarypetals.com and any other online properties owned or operated by Primary Petals. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at hello@primarypetals.com.
These Terms of Use (the “Terms”) are a binding contract between you and Primary Petals (the “Company,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
WILL THESE TERMS EVER CHANGE?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them. Unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
WHAT ARE THE TERMS AND CONDITIONS OF SALE?
Primary Petals, via the Site, provides users with the ability to purchase flower arrangements, plants, and gift products and services (“Products”).
Products and Pricing. Primary Petals attempts to be as accurate as possible with all of our product descriptions, but nature can get in the way! Since we are committed to delivering fresh products that are in season, they can vary from our descriptions. Therefore, Primary Petals does not warrant that product descriptions, photos, or other content of any product is accurate, complete, reliable, current, or error-free.
All Products, their descriptions, and their prices are each subject to change. The Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed with incorrect information due to typographical error or Product information received from our suppliers, we shall have the right to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card, debit card, or Paypal account has already been charged for the order and we cancel your order, we shall immediately issue a refund to your credit card, debit card, or Paypal account in the amount of the charge.
Payment of Subscription Plan. If you purchase a subscription for repeated deliveries or other ongoing services (a “Service Subscription”), then you hereby authorize Primary Petals and its service providers to bill your credit card for the amounts and at the intervals (or at approximately those intervals, to accommodate for holidays and other irregularities) described when you purchased the Subscription Plan until you cancel such Subscription Service, until the end of such Subscription Service period, or indefinitely if you decide to purchase an open-ended Subscription Service. In cases where your credit card expires, is canceled, is over the limit, or is otherwise declined for any reason, we will not continue to deliver bouquets or renew your Subscription Service, though we may, but are not obligated to, contact you to notify you of the issue.
You may cancel your subscription at any time by using the manage subscription feature on your account settings (currently located at www.primarypetals.com) or emailing us at hello@primarypetals.com.
We reserve the right to adjust pricing for any subscription in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to your Subscription Service will take effect on the next renewal date.
PAYMENT OF INDIVIDUAL PURCHASES
If you make any purchases other than a Service Subscription (“Individual Purchase”), you (1) agree to pay the price for such Individual Purchase as set forth in the terms, restrictions, and conditions of the Individual Purchase at the time you submitted your order, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (2) authorize Primary Petals to charge your credit card or other payment method for the Full Purchase Amount. Our Services may allow you purchase products and designate them to be delivered at a future date. In such instance, you acknowledge and agree that Primary Petals may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery of the applicable products. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.
Delivery by Courier. Primary Petals delivers the Products by courier in select areas of Los Angeles, California. We do not deliver to PO Boxes. Any delivery times provided by the Company are estimates. All delivery areas are subject to change, at our discretion. No recipient signature is typically required for deliveries of our Products. The courier may leave the package at the address whether the recipient or another person is available or not. If the courier cannot access the property, we will notify you to reschedule the delivery. We offer a one (1) time re-delivery attempt.We strongly encourage recipients to be at the delivery location to receive their package(s) as flowers and plants that remain outside are more likely to have reduced quality and a shortened life.Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier.
Delivery by Shipment. Primary Petals deliver within the lower 48 States of the United States (this excludes Alaska, Hawaii, Puerto Rico, and all United States Territories). We do not deliver to PO Boxes. Any delivery times provided by Company are estimates. All delivery areas are subject to change, at our discretion. All orders that are shipped are shipped using one of our third-party couriers. The earliest delivery data available for an order is as indicated for the item on the Service. Shipping is not available for delivery on Sundays, Mondays, or major United States Holidays, unless otherwise indicated. Online tracking may be available at our courier’s website. We make no warranties regarding the availability of said online tracking, as it under the control our third-party couriers. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific time. No recipient signature is typically required for deliveries of our Products. The courier may leave the package at the address whether the recipient or another person is available or not.We strongly encourage recipients to be at the delivery location to receive their package(s) as flowers and plants that remain outside are more likely to have reduced quality and a shortened life.Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier.
Return and Cancellation Policy. Except as provided below, there are no refunds or returns for any Products purchased through the Services. All sales are final.
When you sign up for the Service Subscription, a recurring order will be placed in your cart, set to the delivery schedule that you chose when signing up. Going forward, your order will be delivered on your scheduled delivery day, unless you have canceled or suspended your delivery by the appropriate cutoff date. Cutoff dates vary by route and can be found in your account section. Any items in your cart at the cutoff date and time will be delivered to you on your next scheduled delivery day. Any cancellations not made by the cutoff date will take effect the FOLLOWING period. To cancel your subscription, simply remove all recurring orders from your cart, or email hello@primarypetals.com.
Damaged Products. If the Product arrives damaged (“Damaged Product”), Company will provide a replacement product if the original (damaged) product is returned by you and received by the Company OR a photograph showing damage is received by the Company within 24 hours. Provided that the Company confirms that your Product was a Damaged Product and was returned in accordance with this Agreement, your sole and exclusive remedy is that we will send a replacement Product. In the event that the Company is unable to provide a replacement Product or if replacement is not requested by you, the Company may at its sole discretion elect to refund the credit card, debit card, or Paypal account used for purchase in the original amount of the purchase. If a replacement Product is issued, we cannot guarantee that the replacement Product will contain exactly the contents or will have the same theme as the originally provided Product.
HOW DO I CREATE AN ACCOUNT?
User ID. You may register by creating an account with Primary Petals 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 Primary Petals 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 whose privilege to access the Site or use the Services has previously been terminated by Primary Petals may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Primary Petals 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.
Access Requirements. You represent and warrant that you are accessing this Site within the United States and are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The Company makes no representation that materials on the Site are appropriate or available for use in locations outside the United States.
General Restrictions. You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You further agree not to combine or integrate the Site and the Services with hardware, software or other technology or materials not provided by us. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to use the Site and the Services to:
(a) violate any local, state, national or international law;
(b) stalk, harass or harm another individual;
(c) collect or store personal data about other users;
(d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
(e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
WHO OWNS THE INTELLECTUAL PROPERTY RIGHTS OF THE SITE AND SERVICES?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, logos, service marks, icons, data, articles, photos, images, illustrations, information, and so forth (all of the foregoing, the “Content”) are protected by copyright and other intellectual property laws. Unless otherwise specified, all Content is the sole property of Primary Petals. All rights not expressly granted herein are reserved.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the Company or (ii) in a way that violates the Company’s rights.
You understand that the Company owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
HOW CAN I GET IN TOUCH WITH THE COMPANY?
Electronic Communications. The communications between you and Primary Petals uses electronic means, whether you visit the Site and send us email communication, or whether Primary Petals posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Primary Petals in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Primary Petals 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.
Unsolicited Materials. In operating the 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.
WHAT ELSE DO I NEED TO KNOW?
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.
Third-Party Links. We do not have control over websites that Primary Petals may link to. Our website may contain links to third party websites that are not owned, operated, or controlled by the Company. 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 Primary Petals, you expressly relieve us from any and all liability arising from your use of any third party website.
Warranty Disclaimer. THE SITE, SERVICES AND CONTENT ARE PROVIDED BY THE COMPANY AND ITS LICENSORS AND SUPPLIERS ON AN “AS-IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURATELY DEPICTED AND DESCRIBED, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 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 Primary Petals representative shall create a warranty.
Limitation of Liability.Your sole remedy for any dispute with us it to discontinue your use of Primary Petals. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE COMPANY OR ITS LICENSORS OR SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, AND AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $50 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY (SUCH AS OUR SHIPPER), INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY, OR WHICH DELAY OR PREVENT THE DELIVERY OF OUR GOODS TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIMARY PETALS AND RELATED PARTIES DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO ANY FOREIGN OBJECTS OR MATERIALS THAT MAY BE INCLUDED WITH OR IN ANY GOODS PURCHASED ON OUR SERVICE, WHICH GOODS MAY BE PACKAGED AND SHIPPED BY THIRD PARTIES.
Indemnity. You agree to indemnify and hold harmless Primary Petals, 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 (actual and consequential), obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in any way related to any third party claims relating to: (i) your access to or use of the Service (including any actions taken by a third party using your account); (ii) your violation of these Terms; (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 and your use of Primary Petals.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any controversy or claim arising out of or relating to the service or these terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California.
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. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Primary Petals, and you do not have any authority of any kind to bind Primary Petals in any respect whatsoever.