Terms of service

SECTION 1 - OVERVIEW, ACCESS AND ACCOUNT

Welcome to FloraMia. The terms “FloraMia,” “we,” “us,” and “our” refer to FloraMia. These Terms of Service (“Terms”) govern your access to and use of the FloraMia website, online store, customer accounts, products, floral services, memberships, deliveries, and other services we provide (collectively, the “Services”).

By accessing our website, placing an order, creating an account, purchasing a membership, or otherwise using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and all policies incorporated into them by reference, including our Privacy Policy, Refund & Cancellation Policy, Delivery Policy, and any applicable Membership or Event Service terms.

If you do not agree to these Terms, you may not use the Services or place an order with FloraMia.

FloraMia’s online store is powered by Shopify. Purchases made through our store are transactions directly between you and FloraMia, subject to these Terms.

SECTION 2 — ELIGIBILITY, ACCOUNTS & CUSTOMER INFORMATION

By using the Services or placing an order with FloraMia, you represent that you are at least the age of majority in your state of residence or otherwise legally authorized to enter into a binding agreement.

When placing an order, creating an account, purchasing a membership, or using any FloraMia service, you agree to provide information that is accurate, complete, and current. This includes, where applicable, your name, email address, telephone number, billing information, delivery address, recipient information, delivery instructions, and payment information.

You are responsible for reviewing all information before submitting an order. FloraMia is not responsible for delays, failed deliveries, additional delivery charges, or other issues resulting from inaccurate, incomplete, or outdated information provided by the customer.

If you create a customer account, you are responsible for maintaining the confidentiality and security of your login credentials and for all activity occurring through your account. You must promptly notify FloraMia if you believe your account or payment information has been accessed or used without authorization.

Customer accounts are personal and may not be sold, transferred, assigned, or otherwise made available to another person without FloraMia’s prior written consent.

FloraMia reserves the right to suspend, restrict, or terminate an account where we reasonably believe there has been fraud, unauthorized activity, misuse of the Services, violation of these Terms, or conduct that may cause harm to FloraMia, its customers, employees, vendors, or service providers.

SECTION 3 — FLORAL PRODUCTS, NATURAL VARIATION & SUBSTITUTIONS

FloraMia floral arrangements are created using fresh, natural products. Because flowers and greenery are agricultural products, variations in color, size, shape, texture, stem length, bloom stage, and overall appearance are normal and expected.

Product photographs, website images, social media content, and promotional materials are intended to represent the general style, color palette, scale, and overall design of an arrangement. They do not constitute a guarantee that any individual arrangement will be identical to the arrangement pictured.

Flower availability may vary based on seasonality, market conditions, weather, supplier availability, quality standards, and other circumstances outside FloraMia’s reasonable control. FloraMia reserves the right to make reasonable substitutions when a specific flower, variety, shade, greenery, vessel, decorative element, or other component is unavailable or does not meet our quality standards.

Any substitution will be made with the intention of preserving the overall style, color palette, quality, and value of the original design as closely as reasonably possible. Where appropriate, FloraMia may substitute an item with one of equal or greater value.

Natural differences in floral products, including minor color variation, bloom openness, petal markings, curvature, size differences, and similar characteristics, are not considered defects and do not by themselves qualify an order for a refund, replacement, or exchange.

Certain flowers may continue to open, change appearance, or mature after delivery. The appearance and lifespan of fresh flowers may also be affected by temperature, sunlight, water quality, handling, transportation, and care after delivery.

Customers are responsible for following any care instructions provided by FloraMia. FloraMia is not responsible for deterioration, damage, or reduced floral lifespan caused by improper care, unsuitable environmental conditions, neglect, mishandling, or circumstances occurring after successful delivery.

For custom arrangements, events, weddings, quinceañeras, installations, corporate orders, or other specially designed floral services, substitutions and design adjustments may also be governed by the applicable proposal, invoice, contract, or written agreement. Where separate written terms apply, those terms will control in the event of a conflict.

SECTION 4 — ORDERS, ACCEPTANCE & AVAILABILITY

All orders placed through FloraMia are subject to acceptance, product availability, delivery availability, payment authorization, and these Terms.

Submission of an order does not by itself constitute acceptance by FloraMia. An order is considered accepted only after FloraMia has received valid payment or payment authorization and has confirmed or begun processing the order.

FloraMia reserves the right, in its reasonable discretion, to decline, cancel, limit, or modify an order where necessary due to product unavailability, delivery limitations, suspected fraud, payment issues, pricing or listing errors, capacity constraints, weather conditions, supplier issues, or other circumstances that prevent us from fulfilling the order as reasonably intended.

If FloraMia cancels an order after payment has been collected and no substitute arrangement or alternative solution is accepted by the customer, the amount paid for the canceled portion of the order will be refunded to the original payment method, subject to applicable law.

Product availability is not guaranteed until an order is accepted. Flowers, vessels, decorative materials, and other floral components may become unavailable without notice due to seasonality, supplier availability, quality concerns, market conditions, or events outside FloraMia’s reasonable control.

FloraMia may contact the customer if clarification, substitution approval, delivery information, or other information is reasonably required to complete an order. If the customer does not respond within a reasonable period and fulfillment would be materially affected, FloraMia may make a reasonable substitution, postpone fulfillment where appropriate, or cancel the affected portion of the order.

Customers are responsible for reviewing their order carefully before submission, including the selected product, quantity, delivery date, recipient information, address, card message, special instructions, and applicable membership or subscription option.

Requests to modify or cancel an accepted order are subject to FloraMia’s Refund & Cancellation Policy and are not guaranteed once floral materials have been purchased, allocated, processed, or arranged.

FloraMia reserves the right to refuse or cancel orders that we reasonably believe are fraudulent, abusive, unlawful, intended for unauthorized resale, or otherwise inconsistent with these Terms.

Order Review and Confirmation. FloraMia will make reasonable efforts to review and confirm standard orders within the order-processing timeframe stated on our website. Orders submitted outside business hours may be reviewed during the next business period. Submission of an order or receipt of an automated order acknowledgment does not guarantee acceptance until FloraMia confirms or begins processing the order.

SECTION 5 — PRICING, TAXES, PAYMENT & BILLING

All prices displayed by FloraMia are stated in U.S. dollars unless otherwise specified. Prices are subject to change without notice; however, a price change will not alter the price of an order that has already been accepted, except where permitted by law or where an obvious pricing or listing error has occurred.

Unless expressly stated otherwise, displayed product prices do not include applicable sales tax, delivery charges, service fees, expedited delivery charges, or other amounts that may apply to an order. Any applicable charges will be disclosed during checkout before the customer completes the purchase.

By submitting an order, you authorize FloraMia and its payment service providers to charge the payment method you provide for the full amount shown at checkout, including applicable taxes, delivery charges, fees, and other authorized amounts.

You represent that you are authorized to use the payment method submitted and that all billing information provided is accurate and complete.

FloraMia may require full payment before preparing, reserving, delivering, or otherwise fulfilling an order unless FloraMia has expressly agreed in writing to different payment terms.

If a payment is declined, reversed, disputed, canceled, or otherwise not successfully completed, FloraMia may withhold fulfillment, suspend services, cancel the affected order, or require an alternative method of payment, subject to applicable law.

Pricing Errors. FloraMia makes reasonable efforts to ensure that pricing and product information are accurate. If a product, membership, delivery charge, discount, or other amount is displayed incorrectly because of a typographical, technical, system, or administrative error, FloraMia reserves the right to correct the error and, where permitted by law, cancel or modify an affected order. If an affected order is canceled after payment has been collected, the amount paid for the canceled portion will be refunded.

Discounts and Promotions. Promotional codes, discounts, credits, and special offers are subject to their stated terms, availability, expiration dates, and eligibility requirements. Unless expressly stated otherwise, promotional offers may not be combined, transferred, redeemed for cash, or applied retroactively to previously completed purchases.

Membership Billing. Membership purchases are subject to the pricing, billing frequency, renewal terms, and discounts disclosed at the time of enrollment. By purchasing an automatically renewing membership, the customer authorizes FloraMia and its payment processor to charge the selected payment method in accordance with the agreed billing schedule until the membership is canceled in accordance with FloraMia’s Membership & Automatic Renewal Terms.

Prepaid membership pricing represents payment in advance for the applicable membership term. Floral fulfillment may occur monthly even when payment is collected in advance for a three-month, six-month, or twelve-month term. The frequency of payment and the frequency of floral delivery are separate obligations and are governed by the membership option selected at checkout.

Any changes to recurring membership pricing will be communicated and implemented in accordance with applicable law and will not be applied contrary to any notice or consent requirements that may apply.

Customers remain responsible for maintaining valid and current payment information for all outstanding orders and active memberships.

SECTION 6 — ORDER CHANGES & CANCELLATIONS

Requests to cancel or modify a standard floral order must be submitted at least 48 hours before the scheduled delivery date.

Cancellation or modification requests received within this period are subject to FloraMia’s approval and are not effective until confirmed by FloraMia.

Requests received fewer than 48 hours before the scheduled delivery date may be denied, particularly where flowers, vessels, packaging, labor, delivery resources, or other materials have already been purchased, reserved, processed, prepared, or allocated to the order.

Once production has begun or materials have been committed specifically to an order, FloraMia may treat the order as final and non-cancellable, subject to applicable law.

Order Modifications. Requests to change an arrangement, quantity, delivery date, recipient, delivery address, card message, or other order detail are not guaranteed after an order has been accepted.

Any approved modification may result in additional charges, including increased product costs, delivery fees, rush fees, or other expenses reasonably incurred as a result of the requested change. FloraMia will communicate any material additional charge before proceeding where reasonably practicable.

If a requested modification cannot reasonably be accommodated, the original order terms will remain in effect unless FloraMia agrees otherwise.

Same-Day and Short-Notice Orders. Orders placed within 48 hours of the requested delivery date may become final immediately upon acceptance because procurement and preparation may begin as soon as the order is received.

Custom and Event Orders. Weddings, quinceañeras, corporate events, installations, large-volume orders, custom designs, and other specially contracted services may have separate cancellation, modification, deposit, and payment terms stated in the applicable proposal, invoice, contract, or written agreement. Where separate written terms apply, those terms will control.

Membership Deliveries. Changes or cancellations involving recurring membership deliveries are also subject to FloraMia’s Membership & Automatic Renewal Terms. Canceling an active membership does not automatically cancel or refund a prepaid term that has already begun, except where required by applicable law.

FloraMia reserves the right to approve reasonable exceptions in individual circumstances. Any exception granted on one occasion does not create an obligation to grant the same or a similar exception in the future.

SECTION 7 — REFUNDS, RETURNS & QUALITY CLAIMS

FloraMia products are fresh, perishable goods that are prepared specifically for each order. Because of the nature of floral products, returns and exchanges are not accepted after delivery, except where required by applicable law or expressly approved by FloraMia.

Quality Concerns. If an arrangement arrives materially damaged, materially incorrect, or in a condition that does not reasonably meet FloraMia’s quality standards, the customer must contact FloraMia within 24 hours of delivery.

The customer must provide the order number, a description of the issue, and clear photographs showing the arrangement, packaging, and any relevant damage or discrepancy. FloraMia may request additional information reasonably necessary to review the claim.

Failure to report a quality issue within 24 hours of delivery may limit FloraMia’s ability to verify the condition of the product at the time of delivery and may result in the claim being denied, subject to applicable law.

Available Remedies. After reviewing a valid claim, FloraMia may, in its reasonable discretion and subject to applicable law, provide one or more of the following remedies:

• replacement of the affected product;
• partial refund;
• full refund;
• store credit; or
• another reasonable resolution appropriate to the circumstances.

The remedy provided will depend on the nature and severity of the issue, the condition of the product, product availability, delivery timing, and other relevant circumstances.

Natural Floral Variation. Minor variations in flower color, size, bloom stage, shape, placement, texture, or variety do not constitute defects. Reasonable substitutions made in accordance with Section 3 are also not considered defects or grounds for a refund solely because the completed arrangement is not identical to a photograph.

Customer Care After Delivery. FloraMia is not responsible for deterioration, wilting, breakage, discoloration, reduced vase life, or other changes caused by improper care, excessive heat or cold, direct sunlight, lack of water, contaminated water, mishandling, pets, environmental conditions, or other circumstances occurring after successful delivery.

Delivery-Related Claims. Claims involving non-delivery, incorrect delivery location, recipient unavailability, restricted access, or delivery delay are subject to FloraMia’s Delivery & Fulfillment Policy.

Refund Method. Approved refunds will ordinarily be issued to the original payment method used for the purchase. FloraMia does not control the amount of time a bank, card issuer, or payment provider may take to process or post an approved refund.

Custom and Event Orders. Refunds relating to weddings, quinceañeras, corporate events, installations, large-volume orders, custom designs, or other specially contracted services may be governed by the applicable proposal, invoice, contract, or written agreement. Where separate written terms apply, those terms will control.

Membership Purchases. Refunds involving memberships, prepaid membership terms, or recurring membership charges are governed by FloraMia’s Membership & Automatic Renewal Terms in addition to this section.

SECTION 8 — DELIVERY, RECIPIENT AVAILABILITY & DELIVERY COMPLETION

FloraMia offers delivery only within areas and service zones made available at checkout or otherwise expressly confirmed by FloraMia.

Delivery Information. Customers are responsible for providing complete and accurate delivery information, including the recipient’s full name, delivery address, unit or suite number, telephone number, gate code, access instructions, and any other information reasonably necessary to complete delivery.

FloraMia is not responsible for failed, delayed, misdirected, or additional-cost deliveries caused by inaccurate, incomplete, or outdated information provided by the customer.

Delivery Dates and Times. Requested delivery dates and delivery windows are subject to availability and are not guaranteed unless FloraMia expressly confirms a guaranteed delivery time in writing.

FloraMia will make commercially reasonable efforts to complete delivery on the requested date and within any estimated delivery window provided. Delivery timing may be affected by traffic, weather, road closures, accidents, building access, recipient availability, driver delays, demand, or other circumstances outside FloraMia’s reasonable control.

Recipient Unavailability. If the recipient is unavailable at the time of delivery, FloraMia may, where reasonably appropriate, attempt to contact the recipient or customer, leave the arrangement with an authorized person, building staff, concierge, front desk, receptionist, or other suitable recipient, or place the arrangement in a reasonably safe location.

Where no safe or reasonable delivery option is available, FloraMia may return the arrangement or attempt redelivery. Additional delivery or redelivery charges may apply.

Gated, Secured, or Restricted Locations. Customers are responsible for ensuring that FloraMia has sufficient access to gated communities, apartment buildings, offices, hospitals, hotels, event venues, campuses, and other restricted locations.

FloraMia is not responsible for delays or failed delivery caused by unavailable gate codes, security restrictions, building policies, inaccessible areas, recipient screening procedures, or other access limitations outside FloraMia’s control.

Safe Drop-Off. Where an arrangement is left at the delivery address in a reasonably safe location, with an authorized person, or according to customer or recipient instructions, the delivery may be considered completed.

After successful delivery, FloraMia is not responsible for theft, loss, damage, deterioration, weather exposure, heat, cold, animals, improper handling, or other conditions affecting the arrangement after it has been left at the delivery location.

Incorrect Address. If an incorrect or incomplete address is provided, FloraMia may attempt to obtain corrected information. Redirection or redelivery is not guaranteed and may require an additional delivery charge. If delivery cannot reasonably be completed, the order may not be eligible for a refund where FloraMia has already prepared or attempted delivery of the arrangement.

Delivery Delays. Delays caused by traffic, severe weather, accidents, road closures, emergencies, governmental restrictions, venue restrictions, mechanical problems, or other circumstances beyond FloraMia’s reasonable control do not automatically entitle the customer to a refund.

If FloraMia is unable to complete delivery because of circumstances within FloraMia’s reasonable control, FloraMia will determine an appropriate remedy based on the circumstances and applicable law.

Delivery Confirmation. FloraMia may use delivery photographs, driver records, timestamps, GPS information, recipient confirmation, building staff confirmation, or other reasonable records to document completion of delivery.

Events and Large Orders. Delivery, setup, installation, strike, and removal terms for weddings, quinceañeras, corporate events, installations, and other large or custom orders may be governed by a separate proposal, invoice, contract, or written agreement. Where separate written terms apply, those terms will control.

SECTION 9 — MEMBERSHIPS & AUTOMATIC RENEWAL

FloraMia offers automatically renewing floral memberships that provide one floral arrangement per month during an active membership term. Membership pricing, benefits, delivery eligibility, billing frequency, and any applicable discounts are disclosed at the time of enrollment.

Membership Options. Depending on availability, customers may select from the following billing commitments:

• Monthly: billed once each month and automatically renewed monthly;
• 3-Month Prepaid: three months paid in advance and automatically renewed for successive three-month terms;
• 6-Month Prepaid: six months paid in advance and automatically renewed for successive six-month terms; or
• 12-Month Prepaid / Annual: twelve months paid in advance and automatically renewed for successive twelve-month terms.

Regardless of whether a membership is billed monthly or prepaid for a longer term, the standard fulfillment frequency is one floral arrangement per month, unless a different benefit is expressly stated in the applicable membership description.

Automatic Renewal Authorization. By enrolling in an automatically renewing FloraMia membership and affirmatively accepting the applicable renewal terms at checkout, you authorize FloraMia and its payment service providers to charge your selected payment method automatically at the beginning of each applicable renewal term at the then-applicable membership price, together with applicable taxes, delivery charges, or other properly disclosed charges, until you cancel.

Your membership will continue to renew according to the billing period you selected unless canceled before the next renewal charge.

Prepaid Memberships. A prepaid membership charge represents payment in advance for the entire selected term. For example, a three-month prepaid membership is charged for three months at enrollment and again at each subsequent three-month renewal unless canceled before renewal. The same principle applies to six-month and twelve-month prepaid memberships.

Prepayment does not mean that all arrangements will be delivered at once. One arrangement will be fulfilled each month during the prepaid term.

Cancellation. Customers may cancel an automatically renewing membership through the cancellation method made available by FloraMia, including online cancellation for memberships enrolled in online where required by applicable law.

Cancellation prevents the membership from renewing for an additional term. Unless otherwise required by law or expressly approved by FloraMia, cancellation during an already-paid prepaid term does not create a prorated or retroactive refund for amounts previously charged.

Unless otherwise stated or required by law, a customer who cancels a prepaid membership may continue receiving the monthly arrangements included in the already-paid term through the end of that term. No additional renewal charge will be made after cancellation takes effect.

Cancellation Timing. Customers are responsible for canceling before the applicable renewal charge is processed if they do not wish to renew. Once a renewal charge has been successfully processed and a new prepaid term has begun, that payment is treated as payment for the new term and is subject to these Terms and FloraMia’s applicable refund policies, except where otherwise required by law.

Renewal and Reminder Notices. FloraMia will provide automatic-renewal disclosures, renewal reminders, cancellation information, and notices of material pricing changes where and when required by applicable law.

Membership Pricing Changes. FloraMia may change membership pricing or benefits for future renewal terms. Any change affecting an active automatically renewing membership will be communicated and implemented in accordance with applicable notice and consent requirements. A pricing change will not retroactively change charges already paid for an existing prepaid term.

Failed or Expired Payment Methods. Customers are responsible for maintaining a valid payment method. If a recurring payment cannot be processed, FloraMia or its payment provider may attempt to process the payment again, request updated payment information, suspend upcoming membership fulfillment, or cancel the membership, subject to applicable law.

FloraMia is not obligated to fulfill unpaid membership deliveries while an amount properly due remains outstanding.

Monthly Fulfillment. Membership arrangements are subject to FloraMia’s product availability, substitution, delivery, and quality policies. Floral varieties and designs may vary from month to month, and natural or seasonal substitutions may be made in accordance with Section 3.

Membership arrangements are intended for the applicable monthly fulfillment period. Unless FloraMia expressly agrees otherwise, unused or missed monthly arrangements may not be accumulated, transferred, exchanged for cash, or combined into a larger future order.

Delivery. Membership delivery remains subject to FloraMia’s current service area and Delivery & Fulfillment Policy. Customers are responsible for maintaining accurate recipient, address, contact, and delivery-access information.

Membership Benefits. Benefits associated with a particular membership tier apply only while the membership is active and may not be transferred, resold, redeemed for cash, or combined with other promotions unless expressly permitted by FloraMia.

Termination by FloraMia. FloraMia may suspend or terminate a membership for fraud, abuse, nonpayment, repeated delivery problems, misuse of membership benefits, violation of these Terms, or other legitimate business reasons. If FloraMia terminates a prepaid membership for reasons unrelated to customer misconduct or breach, FloraMia will address any unfulfilled prepaid portion in accordance with applicable law.

These membership terms are incorporated into FloraMia’s Terms of Service. If specific membership terms displayed and affirmatively accepted at enrollment conflict with these general Terms, the more specific membership terms will govern with respect to that membership, to the extent permitted by law.

Floral Preferences and Special Requests. FloraMia may allow membership customers to provide preferred flowers, colors, styles, recipient preferences, or other special requests. These preferences are provided to help FloraMia personalize each arrangement and are treated as requests only, not guaranteed specifications.

FloraMia will make reasonable efforts to incorporate requested flowers, colors, and design preferences where appropriate and reasonably available. However, fulfillment of any specific request is subject to seasonality, market availability, supplier inventory, flower quality, weather conditions, design suitability, and other circumstances outside FloraMia’s reasonable control.

A requested flower variety, color, or other preference may therefore be unavailable for a particular monthly arrangement. FloraMia may substitute or select alternative flowers, colors, or design elements while maintaining the quality, value, and overall character appropriate to the customer’s membership tier.

Requests submitted through an “Other,” notes, preferences, or similar field do not constitute a guarantee that the requested item will be included and do not convert a membership arrangement into a custom floral order unless FloraMia expressly agrees otherwise in writing.

The inability to provide a particular requested flower, color, variety, or design element does not by itself constitute a defect or entitle the customer to a refund, replacement, credit, or other remedy, provided FloraMia fulfills the applicable membership arrangement in accordance with these Terms and applicable law.

SECTION 10 — CUSTOM ORDERS, EVENTS & SPECIAL SERVICES

FloraMia may provide custom floral arrangements and event services, including weddings, quinceañeras, corporate events, private celebrations, installations, large-volume floral orders, custom design work, delivery, setup, installation, breakdown, and related services.

Custom and event services may be subject to a separate proposal, invoice, contract, service agreement, deposit requirement, payment schedule, cancellation policy, or other written terms provided by FloraMia.

Where separate written terms apply to a custom or event order, those terms will control over these general Terms to the extent of any conflict.

Deposits and Reservations. An event date, delivery date, floral inventory, labor, equipment, or other resources are not reserved until any required deposit or payment has been received and FloraMia has confirmed the reservation.

Deposits may become non-refundable once FloraMia has reserved the date, committed labor, purchased or reserved flowers or materials, ordered custom items, or otherwise incurred costs specifically for the event, subject to the applicable written agreement and applicable law.

Design and Floral Availability. Event florals are subject to seasonality, market availability, flower quality, weather, supplier conditions, and other factors. FloraMia may make reasonable substitutions where necessary while preserving the agreed overall design direction, color palette, quality, and value as closely as reasonably possible.

Changes Requested by the Client. Changes to quantities, designs, colors, flower varieties, delivery times, venue information, setup requirements, installations, or other event details are not guaranteed after approval and may result in additional charges.

FloraMia may require written approval and payment of any additional amount before performing requested changes.

Venue Requirements. The client is responsible for providing accurate venue information and ensuring FloraMia has timely access to the venue, loading areas, elevators, parking, setup locations, and other areas reasonably necessary to perform the contracted services.

FloraMia is not responsible for delays, additional labor, failed installation, or other issues caused by venue restrictions, inaccessible spaces, incorrect venue information, security requirements, or other circumstances outside FloraMia’s reasonable control.

Rental and Decorative Property. Any containers, stands, structures, frames, installations, vessels, props, or other items designated by FloraMia as rental property remain the property of FloraMia unless expressly sold to the customer. Customers may be responsible for repair or replacement costs for rental items that are lost, stolen, damaged, or not returned as agreed.

Event Cancellation or Postponement. Cancellations, postponements, rescheduling, deposits, and refunds for event services will be governed primarily by the applicable event agreement.

SECTION 11 — GIFT ORDERS & THIRD-PARTY RECIPIENTS

Customers may purchase FloraMia products for delivery to another person.

The purchasing customer is responsible for providing accurate recipient information, including the recipient’s name, address, telephone number, delivery instructions, access information, and any applicable card message.

By providing another person’s information, the customer represents that the information may lawfully be provided and used for purposes reasonably necessary to fulfill the order.

FloraMia may contact the recipient when reasonably necessary to complete delivery, obtain access, confirm delivery instructions, or resolve a delivery issue.

FloraMia is not responsible for incorrect recipient information supplied by the customer or for a recipient’s refusal to accept an order.

Once a gift order has been successfully delivered in accordance with Section 8, FloraMia’s responsibility for possession and care of the arrangement ends, subject to applicable law.

SECTION 12 — INTELLECTUAL PROPERTY

The FloraMia website and Services, including the FloraMia name, logos, branding, product names, photographs, floral arrangement images, videos, graphics, written content, packaging designs, website design elements, marketing materials, text, artwork, and other original content, are owned by or licensed to FloraMia and may be protected by copyright, trademark, trade dress, and other intellectual property laws.

Customers may access the Services solely for lawful, personal, non-commercial purposes.

Except as expressly permitted by FloraMia in writing, no person may reproduce, copy, modify, distribute, republish, sell, commercially exploit, create derivative works from, scrape, download, display, or otherwise use FloraMia content for commercial purposes.

Nothing in these Terms transfers ownership of FloraMia intellectual property to any customer or third party.

Use of the FloraMia name, logo, photographs, designs, or branding for advertising, resale, impersonation, competing commercial activity, or other unauthorized purposes is prohibited.

Third-party trademarks, logos, and intellectual property displayed through the Services remain the property of their respective owners.

SECTION 13 — THIRD-PARTY SERVICES, LINKS & SHOPIFY

FloraMia may use or provide access to third-party services, software, payment processors, delivery tools, subscription-management providers, analytics platforms, social media platforms, and other technology in connection with the Services.

Certain third-party services may be governed by their own terms and privacy policies. FloraMia does not control and is not responsible for the independent acts, omissions, content, security practices, or policies of third parties except to the extent responsibility cannot lawfully be excluded.

The FloraMia website may contain links to third-party websites. Accessing or using a third-party website is at the customer’s discretion and subject to that third party’s terms.

Relationship with Shopify. FloraMia’s online store is powered by Shopify, which provides technology that enables FloraMia to offer its products and Services online.

Purchases made through the FloraMia store are transactions directly between the customer and FloraMia. Shopify is not the seller of FloraMia floral products or services and is not responsible for FloraMia’s performance of customer orders.

Nothing in these Terms creates a contractual sales relationship between the customer and Shopify with respect to products purchased directly from FloraMia.

SECTION 14 — PRIVACY & CUSTOMER INFORMATION
FloraMia’s collection, use, disclosure, retention, and protection of personal information are governed by FloraMia’s Privacy Policy, which is incorporated into these Terms by reference.
By using the Services, creating an account, placing an order, or purchasing a membership, you acknowledge that personal information may be processed as described in the Privacy Policy.
Because the FloraMia online store is hosted by Shopify, certain information may also be processed by Shopify and other service providers that support payment processing, customer accounts, analytics, marketing, subscriptions, delivery, fraud prevention, and other business functions.
Customers should review the FloraMia Privacy Policy for information regarding privacy rights, cookies, advertising technologies, data sharing, access or deletion requests, and available privacy choices.

SECTION 15 — REVIEWS, FEEDBACK & CUSTOMER CONTENT

If you voluntarily submit a review, testimonial, photograph, video, suggestion, comment, idea, or other content to FloraMia, you represent that you have the legal right to submit that material and that doing so does not violate the rights of another person.

Unless otherwise agreed in writing, you grant FloraMia a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, adapt, and distribute content voluntarily submitted to FloraMia for legitimate business, promotional, marketing, operational, and social-media purposes, subject to applicable privacy and consumer-protection laws.

FloraMia is not obligated to publish, retain, compensate, or respond to submitted content.

FloraMia may remove or decline to publish content that is fraudulent, unlawful, abusive, defamatory, misleading, obscene, infringing, spam, or otherwise inappropriate.

Nothing in this section prevents a customer from giving a truthful review or exercising any right protected by applicable law.

SECTION 16 — ERRORS, INACCURACIES & OMISSIONS

FloraMia makes reasonable efforts to maintain accurate product descriptions, pricing, photographs, availability information, delivery information, promotional terms, and other website content.

From time to time, the Services may contain typographical errors, technical errors, inaccuracies, omissions, outdated information, or incorrect pricing.

FloraMia reserves the right to correct such errors, update information, modify inaccurate content, or cancel an affected order where reasonably necessary and permitted by law.

If FloraMia cancels an order solely because of an error after payment has been collected, the applicable amount paid will be refunded.

SECTION 17 — PROHIBITED USES

The FloraMia website and Services may be used only for lawful purposes.

You may not use the Services to engage in fraud, theft, harassment, impersonation, unlawful conduct, intellectual-property infringement, unauthorized resale, malicious activity, payment abuse, chargeback fraud, spam, data harvesting, or any activity that violates applicable law or the rights of FloraMia or another person.

You may not introduce viruses, malware, malicious code, automated attacks, or other technology intended to damage, disrupt, overload, gain unauthorized access to, or interfere with FloraMia’s Services or supporting systems.

You may not use bots, scrapers, automated extraction systems, autonomous agents, or similar technologies to systematically copy, extract, reproduce, monitor, or commercially exploit FloraMia content except with FloraMia’s prior written authorization or where such restriction is prohibited by law.

FloraMia may restrict or terminate access where we reasonably believe these Terms have been violated.

SECTION 18 — SUSPENSION & TERMINATION

FloraMia may suspend, restrict, or terminate access to the Services, customer accounts, membership benefits, or future ordering privileges where reasonably necessary because of fraud, abuse, nonpayment, repeated chargebacks, unlawful activity, misuse of the Services, violation of these Terms, or conduct that creates a material risk to FloraMia, its personnel, service providers, or customers.

Termination does not eliminate payment obligations or other responsibilities that arose before termination.

Provisions that by their nature should continue after termination—including intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, governing law, and dispute-related provisions—will survive termination.

SECTION 19 — FORCE MAJEURE & EVENTS OUTSIDE OUR CONTROL

FloraMia will not be responsible for delay or failure to perform an obligation where performance is prevented or materially disrupted by circumstances outside FloraMia’s reasonable control.

Such circumstances may include severe weather, wildfires, flooding, earthquakes, natural disasters, road closures, transportation failures, supplier shortages, agricultural disruptions, labor interruptions, utility failures, internet or platform outages, governmental actions, public emergencies, acts of terrorism, civil unrest, epidemics, pandemics, or other comparable events.

Where reasonably possible, FloraMia will attempt to communicate material disruptions and provide an appropriate alternative, rescheduling option, substitution, credit, refund, or other remedy where required by law or appropriate under the circumstances.

This section does not excuse obligations that applicable law does not permit FloraMia to exclude.

SECTION 20 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.


SECTION 21 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Floramia is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Floramia. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Floramia, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Floramia.

 

SECTION 22 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 23 — DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FLORAMIA WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT FOR EXPRESS COMMITMENTS MADE BY FLORAMIA IN THESE TERMS OR OTHER APPLICABLE WRITTEN AGREEMENTS.

FLORAMIA DOES NOT GUARANTEE THAT THE WEBSITE OR OTHER DIGITAL SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR FREE FROM TECHNICAL ERRORS.

BECAUSE FRESH FLOWERS ARE NATURAL AND PERISHABLE PRODUCTS, FLORAMIA DOES NOT GUARANTEE A PARTICULAR VASE LIFE, BLOOM DEVELOPMENT, OR EXACT APPEARANCE EXCEPT AS EXPRESSLY STATED.

NOTHING IN THESE TERMS DISCLAIMS OR LIMITS WARRANTIES, GUARANTEES, OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED.

SECTION 24 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLORAMIA AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR SIMILAR ECONOMIC LOSSES.

TO THE FULLEST EXTENT PERMITTED BY LAW, FLORAMIA’S TOTAL LIABILITY ARISING OUT OF A PARTICULAR CUSTOMER ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO FLORAMIA FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

The limitations in this section do not apply to liability that cannot legally be excluded or limited, including any liability for which applicable law requires a different remedy.

Nothing in these Terms limits any non-waivable consumer right available under applicable law.

 

SECTION 25 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless FloraMia and its owners, employees, agents, contractors, affiliates, and service providers from third-party claims, damages, liabilities, losses, and reasonable legal expenses arising directly from:

your material violation of these Terms;

your unlawful use of the Services;

your infringement of another person’s rights; or

false, fraudulent, or unauthorized information or content supplied by you.

FloraMia reserves the right to participate in or control the defense of any claim subject to indemnification, where permitted by law.

SECTION 26 — SEVERABILITY

If any provision of these Terms is determined by a court or other competent authority to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 27 — WAIVER & ENTIRE AGREEMENT

FloraMia’s failure to enforce any provision of these Terms on one occasion does not constitute a waiver of that provision or of FloraMia’s right to enforce it later.

These Terms, together with the Privacy Policy, Refund & Cancellation Policy, Delivery Policy, Membership & Automatic Renewal Terms, and any applicable order-specific, event-specific, or promotional terms, constitute the agreement governing use of the Services.

For custom or event services governed by a separately signed agreement, the separately signed agreement will control where it expressly conflicts with these general Terms.

No oral statement or informal communication modifies these Terms unless FloraMia expressly agrees to the modification in writing.

SECTION 28 — ASSIGNMENT

Customers may not transfer or assign their rights or obligations under these Terms without FloraMia’s prior written consent.

FloraMia may assign or transfer its rights and obligations in connection with a merger, acquisition, sale of assets, restructuring, transfer of the business, or other legitimate business transaction, subject to applicable law.

SECTION 29 — GOVERNING LAW & VENUE

These Terms and any dispute arising out of or relating to the Services will be governed by the laws of the State of California, without regard to principles of conflict of laws, except where applicable federal law or mandatory consumer law provides otherwise.

Subject to any rights that cannot lawfully be waived, legal proceedings relating to these Terms will be brought in the state or federal courts serving the county in California where FloraMia maintains its principal place of business.

Nothing in this section prevents a customer from exercising any non-waivable right to bring a claim in another forum where applicable law expressly permits or requires it.

SECTION 30 — CHANGES TO THESE TERMS

FloraMia may update these Terms from time to time to reflect changes in the Services, business operations, legal requirements, technology, membership offerings, or company policies.

The current version of these Terms will be posted on the FloraMia website with an updated effective date.

Where applicable law requires advance notice, affirmative consent, or another specific procedure before a change becomes effective—including certain changes affecting automatically renewing memberships—FloraMia will comply with those requirements.

Changes will not be applied retroactively where prohibited by law.

Continued use of the Services after an effective change constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 31 — HEADINGS

Section titles and headings are provided solely for convenience and organization and do not alter or limit the meaning of these Terms.

SECTION 32 — CONTACT INFORMATION

SECTION 32 — CONTACT INFORMATION

Questions regarding these Terms, customer orders, cancellations, refunds, memberships, deliveries, or other FloraMia services may be directed to:

FloraMia™
Email: info@thefloramia.com

Additional business contact information may be provided on the FloraMia website or through applicable order confirmations.

Where applicable law requires FloraMia to disclose additional business or mailing information, that information will be provided as required.

[FLORAMIA LLC]  
[310-406-6491] 
[42-3473631]