Terms of Service

OVERVIEW

 

This website is operated by Freedom Flowers LLC. Throughout the site, the terms “we”, “us” and “our” refer to Freedom Flowers LLC. Freedom Flowers 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”, “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.

 

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.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

 

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 in your state or province of residence and you have given us 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 or viruses or any code of a destructive nature.

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 (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS 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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

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 at any time.

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 (if applicable)

 

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 only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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 for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 - 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 or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 8 - USER COMMENTS, FEEDBACK, REVIEWS, AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 9 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. 

 

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 11 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 12 - 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.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Freedom Flowers 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, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 13 - MERCURY IN RETROGRADE

 

We do not allow the forces ascribed to this phenomenon control over our tech, communications, or shipping. If we mess up, we will take responsibility. We also recognize that while we have opted out, many of our customers, suppliers, third party software systems, and companies we partner with to do business are still participating. While that is their right, we are setting a boundary that while under our digital roof or transacting business with us, the effects of Mercury in retrograde are nullified. This policy is in effect the entire time Mercury is in retrograde plus a two week buffer on either side. 

 

SECTION 14 - RETURNS POLICY

 

You may return most new, unopened items within 30 days of delivery for a refund of the item cost. Custom Combos and subscription products are not available for returns as they are made specifically for you. We'll also pay the return shipping costs if the return results from our error (you received an incorrect or defective item, etc.).

 

How To Return 

 

If you have not opened the mailed package, you can simply give it back to your mail carrier, write “refused” on it and stick it back in your mailbox for pickup, or take it to the Post Office and tell them you are "refusing it." This will send it back to us free of charge. 

 

If you have opened the package but the bottle is still sealed, email us or find your order in your customer account and click the return items link. You're also welcome to mail it back to PO Box 147, Kooskia ID 83539.

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days, more for international), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.

 

SECTION 15 - ORDER ISSUES

 

All order issues must be must be filed by emailing service@freedom-flowers.com 

 

Missing or Incorrect Items

 

If your order arrives with an incorrect item or is missing an item and the shipping box is intact, just email us at service@freedom-flowers.com with a picture of the items received and the error and we’ll take care of it

 

Broken or Damaged Items

 

  • Order issue must be filed within 15 days of the tracking showing “delivered”

  • Customer must provide photos documenting the damage

  • If the customer received a broken item and needs to dispose of it (i.e. shattered glass), the customer needs to check their city ordinances and dispose of it properly

  • The customer does not need to ship back broken/shattered items 

  • Cosmetic damage that does not impact the usability of the product is not covered

  • In case of an approved claim we will ship a replacement or refund the item based on product availability and customer’s preference

 

Subscription items

 

  • Subscription items are limited quantities and may not be available for replacement

 

Out of stock

 

  • Out of stock items cannot be replaced, a refund will be issued instead in case of an approved claim

 

Packages Labeled "Return to Sender"

 

  • Packages are returned to sender when a customer provides an invalid or undeliverable address or refuses a delivery

  • Once we receive the package back we will issue a refund for the cost of the order minus the initial shipping costs

 

Order Stuck in Customs

 

  • We do not cover when a customer’s order is stuck in international borders/customs

  • It is the customer’s responsibility to pay the customs fees in order to receive the package

  • If we replace an item the customer has already paid customs on, we will ship the replacement so that customs are not charged or will issue a refund to cover any customs fees incurred 

  • If a package is returned to us because of unpaid customs duties, we will issue a refund for the cost of the order minus the initial shipping costs

 

Delivered but Missing Package

 

  • Order issues for packages marked "delivered" yet not received are considered lost or stolen, and must be filed 5 business days after “delivery date” but no longer than 15 days to ensure it was not mis-delivered or easily found around the premises. Carriers also sometimes prematurely mark the package as delivered when it’s still in transit

  • While you wait those 5 days: 

    • Check the address you entered and make sure it is correct

    • Then check other doors that you normally don't use like side doors, back doors and in between screens. Many of our packages are small enough to fit in your mailbox

    • Check with other household members as they sometimes put things in weird places

    • Check with the mail carrier when they come by, or leave a note; you can even call your local post office (look them up by zip code at www.usps.com) They can give you a status on it including GPS tracking for where the package was when it was scanned as delivered 

  • If after those 5 days the package has not been located, and the steps above have been followed, the package is assumed to be stolen

 

Mail Theft

 

  • Mail theft is a serious felony, if you believe you have been the victim of it you need to first file a claim with your local post office

  • At our discretion, we may require a police report or in-person notarized statement form when the customer’s package is marked as delivered but customers says they never received it

 

  1. If requested, the customer will file the police report/notarized form and include an explanation that the retailer is requiring a police report/notarized form to process the order issue

  2. Send us the police report PDF & number in the order issue (if a notarized statement was requested, send over a screenshot and details of the notary form signed by a notary public)

 

Note: Depending upon the jurisdiction, a false police report may be charged as a misdemeanor or a felony.

 

  • Once you have filed the claim with your local post office, email us a copy of the claim and we will replace or refund as appropriate

 

Packages Delayed in Transit or Presumed to be Lost

 

  • Order issues for packages presumed to be lost by the carrier (where the status is not "delivered") must be filed no sooner than 7 days after the last tracking update for United States domestic shipments (20 days for international shipments, including Canada) and within 30 days from the last tracking update

  • Packages are not presumed to be lost as long as tracking continues to show updates and has not labeled the package as “missing in transit”

  • You need to contact your local Post Office to assist with delayed packages, we do not have additional information beyond the same tracking information you can see

  • If after 30 days from the ship date a US destination package is still delayed we will issue a replacement or refund and it is your responsibility to refuse/return to sender the original package when it finally does arrive

 

Delivered to Wrong Address

 

  • If the customer input the correct address as reflected on their order confirmation and the package was delivered to the wrong address as shown on tracking or the GPS tracking data for your local post office, and after 5 business days USPS deems the package unretrievable, we consider this package lost and we will replace the order on behalf of the customer. Should the original package arrive, it is your responsibility to refuse/return to sender the package

  • If the customer did not input the correct address as reflected on their order confirmation we will not replace the order or issue a refund. It is the customer’s responsibility to provide us with the correct address, keep the shipping addresses on their digital wallets correct, and set up mail forwarding when they move. In such cases the customer will need to contact USPS to see if the package can be retrieved

 

 

SECTION 16 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Freedom Flowers 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 18 - SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 19 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 20 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 21 - 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 Kooskia Idaho, USA.

 

SECTION 22 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 23 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at service@freedom-flowers.com