Terms and Conditions

Last updated: August 23, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Florida, United States
  • Company (referred to as either “Botania Flowers, Botania”, “We”, “Us” or “Our” in this Agreement) refers to Natural Flowers Direct LLC, 1541 BRICKELL AVENUE.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Botania Flower Boutique, accessible from www.botaniaflowers.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Payment

You acknowledge and agree that all purchase-related information provided by you, including but not limited to credit card, PayPal, or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method that you provide to us or our payment processor, including, but not limited to, any credit card that you provide upon completion of the transaction. We reserve the right to (1) stop or limit the available quantity of any product or service, (2) redeem or impose conditions on the redemption of coupons, coupon codes, promotional codes or other rights without prior notice or without prior notice Similar promotions, and (3) refuse to allow any user to purchase products or deliver products to users.

 When you purchase a product through the service, you (1) agree to pay the price for that product specified in the service, all shipping and handling fees, and all applicable taxes and fees related to your purchase (“total amount of the purchase “) and (2) Authorize Botania to charge the total amount of the purchase from your credit card or other payment method. Our service may allow you to purchase products and designate them to be delivered on a future date. In this case, you acknowledge and agree that Botania may deduct the total amount of the purchase from your credit card or other payment method on the date of purchase instead of the final delivery date of the corresponding product. Unless otherwise stated, all currency references are in U.S. dollars. All fees and charges are paid in accordance with the payment terms in effect at the time of charging.

Payment can be made by credit card, debit card, PayPal or other methods we can provide. The order will not be processed until full payment is received, and you are solely responsible for any hold on your account by PayPal or any other payment processor (including Authorize.net, Braintree, or Paypal).

Subscription

 If you purchase a subscription for recurring delivery or other continuous services (“Service Subscription”), you hereby authorize Botania and its service providers to pay your credit card or other payment method in the amount and interval of time described in our Chargeable Services instructions (or approximately within these time frames to accommodate holidays and other unusual circumstances) to the end of the service subscription period or indefinitely, if you choose to purchase an open service subscription. If your credit card expires, is canceled, exceeds the limit or is declined for any reason, we will not continue to deliver the bouquet or renew your subscription to the service, although we may not have an obligation to contact you to notify you of this problem.

When you purchase a subscription to a service, you can specify the delivery frequency for a particular product. When you select a service subscription through Botania’s product page, your active purchase is considered a one-time discount order and has nothing to do with the delivery of your subscription. Canceling your service subscription before placing the first subscription order will incur a cancellation fee, which is the total amount of your cancelled order. The cancellation fee will be processed in the form of a gift card and sent to the email address associated with your account. You can use the points on future orders on botaniaflowers.com up to one year after cancellation. After completing the first subscription order, no cancellation fee will be charged.

 When the prepaid period of your service subscription expires, your service subscription will automatically renew with the frequency mentioned on your subscription page (monthl), and you will be charged the corresponding subscription and the fee will be paid up to that we unsubscribe or cancel it. You can unsubscribe at any time by emailing hello@botaniaflowers.com.

We reserve the right to adjust any subscription price in any way and at our sole discretion. Unless expressly stated otherwise in this agreement, any price changes to your service subscription will take effect on the next renewal date.

Discounts

Botania can provide discounts for the introduction and discounts for subscribed plans and / or prepaid purchase plans. These promotions can be changed by the information published in our service. Subscriptions and prepaid purchases are canceled before completion, after certain conditions of any offer, canceled before completion and are confiscated in such cases. Total retail price for satisfied orders as part of this subscription or prepaid purchase. In such cases, we can compensate for the amount of amortization discount of any reimbursement that may have rights.

Return and refund policy

Except as provided below, there are no refunds or returns for the goods purchased on the Service. All sales are final. You may receive a replacement bouquet only if (1) the wrong item was delivered, the bouquet arrives in substandard condition, or the bouquet was never delivered and (2) you complete a customer service request to hello@botaniaflowers.com (or its successor webpage) within three (3) calendar days of the delivery date. In the event the bouquet arrived in substandard condition, you must also attach a photograph of the bouquet to the customer service request form. Credits issued for replacement bouquets cannot be transferred or redeemed for cash.

In the event the bouquet is delivered on a day other than the selected delivery date, The Bouqs may issue a promotional credit for the amount paid for shipping.

Order acceptance/confirmation.

Once we receive your order, we will provide you with an order confirmation by email. However, the receipt of the order confirmation does not mean that we accept your order, nor does it constitute a confirmation of our offer to sell; We only confirm that we have received your order. We reserve the right to accept or reject your order for any reason at any time after receiving your order. If we cancel the order after receiving the invoice, we will refund the invoice amount.

Shipment of products.

The ownership and risk of loss of any physical product purchased will be transferred to you after delivery to our carrier. We reserve the right to deliver part of the order (you do not need to pay additional fees), and any part of the order that is part of the delivery may be charged at the time of delivery. Unless due to events beyond our direct control, the merchandise orders you purchase through the service will be delivered within the time period specified by the delivery method you choose. All orders are shipped using one of our third-party courier services. The earliest available delivery date for an order is the date specified for the item on the service. Unless otherwise stated, no delivery service will be provided on Sundays or Mondays. Online tracking may be provided on the website of our courier company (such as UPS) but we do not guarantee its availability because it is not under our control. Although delivery can be arranged for a specific arrival time, we cannot guarantee delivery at a specific time. Delivery of our products usually does not require the recipient’s signature. The courier can leave the package at this address regardless of whether the recipient or other people are available. We strongly advise recipients to receive flowers at the place of delivery, because flowers left outside are more likely to wilt and die.

Product purchases (regardless of account holders or non-account holders) will be charged for shipping, which is clearly stated prior to completion of purchase. To thank you for your continued business, you can get discounted shipping rates for regular subscriptions and regular deliveries

No delivery to children

In furtherance of our policy of not collecting personal information from children under the age of 13, users are not allowed to give Botania the personal information of any children under the age of 13 for delivery or shipping purposes or any other reason.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: hello@botaniaflowers.com

Terms and Conditions for Botania Flower Boutique