These “Terms and Conditions” govern the use of Draper Flower Delivery. By using this Site, you indicate terms and conditions that you have read and understand these Terms and Conditions and agree to abide by them at all times.
All content published and made available on the Site is the property of Draper Flower Delivery. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of the Site.
As a user of the Site, you agree to use the Site for legal purposes and not to:
Violate the intellectual property rights of the Site owners or any third party to the Site. If we believe you are using the Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to the Site. We also reserve the right to take any legal steps necessary to prevent you from accessing the Site.
When you create an account on our Site, you agree that:
These Terms and Conditions govern the sale of goods and services available on the Site.
All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, if a particular plant or flower is out of stock, we will make substitutions using our best judgment in order to fulfill and deliver your order. Additionally, due to the organic nature of many of our products, there will be slight variations in size, color, and shape of our plant and floral products. By placing an order with us, you understand and accept these possibilities
Floral and plant order cancellations and refund requests by customers will not be accepted after the product arranging has commenced. This is due to the altered condition of the flowers and plants once they are arranged and also the lack of our ability to return products to our suppliers, once we receive them. Product refunds on the day of the delivery or pickup date will not be granted.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary, in our best judgment. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
For subscription orders, customers must provide at least 30 days notice of subscription cancellation.
We accept the following payment methods on our Site:
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
When you purchase goods from the Site, the goods will be delivered either directly by our drivers, or a third-party courier/delivery service. You agree that Draper Flower Delivery and its affiliates are not liable for damages caused by third-party courier/delivery service providers.
We will make our best efforts to deliver your order on the date and within the time window selected, but you agree that many unforeseen factors (including but not limited to weather, mechanical breakdown, staff shortages, medical events, traffic, etc.) may cause your order to be delivered outside of the selected date or time frame.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of inaccurate or incomplete information.
If there is no answer at the door of your recipient address, we may need to contact your intended recipient via phone call, text, etc. to make them aware of the delivery.
If your intended recipient is unavailable to receive your order, you agree that we may place the order outside, leave the order with a neighbor to deliver to your recipient, leave the order at the front desk or with a front desk attendant, or any other alternative that we deem necessary using our judgment. Weather and temperature may affect the product lifespan, so you agree to contact your recipient to ensure that they locate the order in a timely manner.
It is your responsibility to ensure that we have the necessary access to deliver your order. If the delivery of your order is rejected by your recipient or our access is denied or impeded, we will not be able to issue a refund. However, if you are able to provide the necessary access, we will make every reasonable effort to complete the delivery.
If you are not satisfied with the products or services that you have purchased from us, please contact us and we will attempt in good faith to meet or exceed your expectations..
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. Where there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the applicable legislation will apply.
The Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to the Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Draper Flower Delivery and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you agree to indemnify and hold harmless Draper Flower Delivery and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Utah.
Subject to any exceptions specified in these Terms and Conditions, if you and Draper Flower Delivery are unable to resolve any dispute through informal discussion, then you and Draper Flower Delivery agree to submit the issue first before a non-binding mediator and then to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Draper Flower Delivery. The costs of any mediation or arbitration will be paid by the unsuccessful party. Notwithstanding any other provision in these Terms and Conditions, you and Draper Flower Delivery agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate the Site and the way we expect users to utilize on our Site.