Terms of service

Overview

This website is operated by Flowers Valley LLC. Throughout the site, the terms “we,” “us” and “our” refer to Flowers Valley LLC.  Flowers Valley LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  Our store is hosted on Shopify Inc., which provides us with the online e‑commerce platform that allows us to sell our products and services to you.

Please read these Terms of Service carefully before accessing or using our website.  By accessing or using any part of the site, you agree to be bound by these Terms of Service.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given your consent to allow any of your minor dependents to use this site.  You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms, viruses or any destructive code.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks.  Credit card information is always encrypted during transfer over networks.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us.

Section 3 – Accuracy, Completeness and Timelines of Information 

We are not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, more complete or more timely sources of information.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.  We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or Services

Certain products or services may be available exclusively online through the website.  These products or services may have limited quantities and are subject to return or exchange according to our Returns Policy.  We strive to display as accurately as possible the colors and images of our products, but we cannot guarantee that your device’s display of any color will be accurate.  We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction and to limit the quantities of products or services we offer.

Local Delivery and Third-Party Delivery Providers

We may use third-party delivery management platforms and third-party delivery providers to fulfill local delivery orders. These providers may include Zapiet, Shipday, Uber, DoorDash, Roadie, DeliverThat, UniHop, Speedster, or similar providers.

By placing an order for delivery, you understand and agree that we may share the limited order and recipient information necessary to complete the delivery, including recipient first name, order number, items ordered, delivery address, delivery instructions, and recipient phone number.

Flowers Valley LLC is responsible for preparing the floral product you ordered. Third-party delivery providers are independent service providers used to pick up, route, and deliver orders. Delivery timing and completion may be affected by provider availability, traffic, weather, road conditions, recipient availability, building access, incorrect delivery information, and other circumstances outside our control.

If a third-party delivery provider delivers the wrong item, fails to complete delivery, misdelivers an order, damages an order in transit, or otherwise causes a delivery issue, please contact us as soon as possible with your order number and any available photos or documentation. We will review the issue and may, at our discretion, offer a replacement, redelivery, store credit, partial refund, or full refund depending on the circumstances.

Any refund, credit, or reimbursement issued by a third-party delivery provider to Flowers Valley LLC does not automatically determine the remedy available to the customer. Customer resolutions are handled by Flowers Valley LLC in accordance with these Terms of Service and our Refund Policy.

To the fullest extent permitted by law, Flowers Valley LLC is not responsible for indirect, incidental, special, consequential, or event-related damages arising from third-party delivery errors, delays, substitutions, misdeliveries, or failed deliveries. This includes, but is not limited to, lost income, missed events, emotional distress, replacement costs from another vendor, or other losses beyond the amount paid for the affected order.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.  You agree to provide current, complete and accurate purchase and account information and to promptly update your account and other information so that we can complete your transactions and contact you as needed.

Section 7 – Optional Tools

We may provide you with access to third‑party tools over 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 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).

Section 8 – Third-Party Links

Certain content, products and services available via our Service may include materials from third parties.  Third‑party links on this site may direct you to third‑party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third‑party materials or websites.

Section 9 – User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.  Our Privacy Policy describes how we collect, use and disclose personal information and is incorporated by reference into these Terms of Service.

Section 11 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Section 12 – Prohibited Uses

You are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error‑free.  You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.  In no case shall Flowers Valley LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind.

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Flowers Valley LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third‑party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third‑party.

Section 15 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and, where applicable, the laws of the State of California.

Section 16 – Loyalty Program and Promotions

We may offer loyalty and rewards programs or other promotional activities through Flowers Valley LLC or third‑party providers such as Appstle Loyalty Application.  Enrollment in any loyalty program is voluntary.  By enrolling, you agree to be bound by the terms and conditions of the loyalty program and to provide accurate information, including your name, contact information and, where requested, date of birth or other date information so we can administer rewards and special offers.  Third‑party providers may administer certain aspects of the program, including enrollment, tracking points and issuing rewards.  We may share your information with these providers to administer the program in accordance with our Privacy Policy.  Rewards have no cash value and are non‑transferable.  We reserve the right to modify, suspend or discontinue any loyalty program or promotion at any time without notice.

Section 17 – Mobile Message Service Terms and Conditions

The Flowers Valley LLC mobile message service (the “Service”) is operated by Flowers Valley LLC.  Your use of the Service constitutes your agreement to these Mobile Message Service Terms.  We may modify or cancel the Service or its features without notice.  To the extent permitted by law, we may also modify these Mobile Terms at any time.

By consenting to Flowers Valley LLC’s SMS/MMS/RCS messaging service, you agree to receive recurring marketing or informational messages from and on behalf of Flowers Valley LLC—including messages sent by automatic telephone dialing system or other technology—at the mobile number you provided, even if your number is on a Do Not Call list.  Consent must be an affirmative action (e.g., entering your phone number and clicking “subscribe” or texting a keyword) and will never be obtained via pre‑checked boxes or implied consent.  Message frequency may vary; for promotional messages we typically send up to four messages per month, in addition to transactional messages.  Service‑related messages may include order updates, delivery notifications and account alerts.  Promotional messages may include promotions, specials, cart reminders, loyalty program updates, event reminders and other marketing communications.  Messages will clearly identify Flowers Valley LLC as the sender and indicate when a message is an advertisement.  Consent is not a condition of purchase or use of our products or services.  Your participation in this program is voluntary.

We do not charge for the Service, but message and data rates may apply.  You are responsible for all charges imposed by your wireless provider.  We send marketing text messages only during reasonable hours (generally between 9 AM and 8 PM in the recipient’s local time) to comply with federal and California quiet‑hour guidelines.

You may opt out of the Service at any time.  Text the single keyword command STOP to +1 877 837 2903 or click the unsubscribe link (where available) in any text or RCS message to cancel.  You’ll receive a one‑time confirmation text.  No further messages will be sent unless initiated by you.  If you have subscribed to other Flowers Valley LLC mobile messaging programs, you will need to opt out separately from those programs.  For support, text HELP to +1 877 837 2903 or email shop@theflowersvalley.com.  We may change any short code or telephone number we use to operate the Service; if you send a STOP or HELP request to a retired number, we may not receive it.  You agree to provide us with a valid mobile number and to update it if it changes.

Carriers are not liable for delayed or undelivered messages.  We are not liable for failed, delayed or misdirected messages, any errors, or any actions you take in reliance on them.

We respect your right to privacy.  We may share your mobile number, opt‑in status and message preferences with service providers (such as Klaviyo and Appstle) and telecom carriers only as necessary to send and manage our messaging program.  We do not sell, rent or share your SMS/RCS opt‑in consent or phone number with third parties for their own marketing purposes.  California residents may request disclosure of the categories of personal information (including phone numbers) we share with third parties for marketing purposes; we will provide this information upon receipt of a verifiable request.  We maintain records of consent and opt‑out requests to comply with the California Consumer Privacy Act (CCPA).

Section 18 – Contact Information

Questions about these Terms of Service or the Mobile Message Service Terms may be sent to shop@theflowersvalley.com or by mail to:

Flowers Valley LLC
1170 Burnett Ave, Suite E
Concord, CA 94520
United States