Terms and Conditions
This website (www.maflorals.com) is owned and operated by Modern Aesthetics Floral design (“we,” “us,” and “our”).
If you do not accept the terms, we kindly ask that you cease the use of this website.
Use of the Site and Prohibitions
This site allows you to purchase Modern Aesthetics Floral Design’s arrangements online. You are, however, prohibited to use our site – including its services and/or tools – if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools.
In order to complete the sign-up process on our site, you must provide your name, a valid email address, and any other information needed in order to provide services/complete requests you may have.
You must qualify that you are 18 years of age or older, and are responsible for keeping your password and other activities/contents that are uploaded under your account secure.
You must not transmit any worms, viruses, or any code of a destructive nature.
Us, our employees, and third parties we may work with to deliver your product are harmless against any and all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by you or the recipient of any of our products as a result of your use of our website, your or the recipient’s use of products purchased from us, your provision of incorrect information to us, or any breach of our terms. We are free from and against all actions, proceedings, claims or demands made against us due to liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by you or the recipient of any of our products as a result of your use of our website, your or the recipient’s use of products purchased from us, your provision of incorrect information to us, or any breach of our terms.
Our company respects the intellectual property of others and asks that users of our site and services do the same. In connection with our site and services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online site and services who are infringers of intellectual property rights including copyright.
If you believe that one of our users is, through the use of our site and/or services, unlawfully infringing upon the copyright(s) of a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us:
- Your name and physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request to be removed;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address;
- A detailed statement/explanation of belief that the use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
- A detailed statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner (if representing a party, contact information for the copyright owner as well as a personal statement will also be needed).
Contract of sale
Modern Aesthetics Floral Design has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Modern Aesthetics Floral Design prior to acceptance of an order. Unless otherwise agreed upon, payment for the products shall be made by credit card, via Stripe, or by check. Invoices are due and payable within the time period noted on the invoice.
Unless we notify you prior in writing, acceptance of your order occurs when we:
- Have received your full contact details including your full name, email address, phone number, billing address, recipient’s full name, delivery address, and delivery date;
- Have debited your form of payment to process your order; and
- Contact you by email or otherwise confirming your order.
We have all the discretion to cancel or deny orders. We are not responsible for pricing, typographical, or other errors in any offer by Modern Aesthetics Floral Design and reserve the right to cancel any orders arising from such errors.
A contract for the sale and purchase of goods will only be formed with you if we, at our discretion accept an order for goods from you.
You can place an order via our website or by calling us at (818)378-1911 to place a customized order that cannot be facilitated through our online shopping cart.
To secure your order we require the full payment of the purchase price via Visa, MasterCard, American Express, Discover, Apple Pay or Stripe.
Orders will NOT be processed until payment has been successfully processed and we have received your full contact details.
All purchase items are in United States Dollar current. Please check an online currency converter to calculate the cost in your currency. All purchases are subject to California sales tax
and are final.
Late Delivery / Non-Delivery: Our logistics team will work diligently to ensure that your flowers arrive on time within our normal delivery hours of 9 AM to 11 PM (in the recipient’s time zone). During holiday periods and other special occasions, we may extend our delivery hours before 9 AM and after 11 PM to ensure that all flower arrangements are delivered on time (additional charges may apply). However, if for any reason your flowers do not arrive on time, our customer service representatives will work with you to find a satisfactory resolution.
We offer free delivery within a 3 miles radius. There will be an additional charge of $15.00 for a radius of 3-5 miles, $25 for 5-10 miles, and $35.00 for 10-15 miles. We do not offer delivery for more than 15 miles radius; please contact us to arrange the delivery option. We do not offer delivery for orders less than $100.00. All orders for less than $100.00 are available for pick up from our location.
If the address at which the floral products are to be delivered is located in an area in which we are unable to deliver due to any reason (for instance but not limited to acts of nature), we will contact you to re-arrange an alternative delivery address or time. We will require the alternative delivery address at least 24 hours prior to the delivery date in order to process the order.
For high volume holidays such as Mother’s Day, Valentine’s Day, Christmas, Thanksgiving, etc., it is mandatory to select one of the following options:
- Leave at front door,
- Leave at reception,
- Leave at back door,
- Leave with neighbor,
- Or do not leave (this will incur a next business day re-delivery fee)
All charges for delivery are specified at checkout or you are otherwise made aware of prior to the acceptance of an order.
We will deliver the goods to the delivery address specified during the checkout process. We take no responsibility if you provide an incorrect delivery address. If an incorrect delivery address is provided, you are responsible for informing us of this error prior to the delivery date. If delivery has occurred and you request that the flowers be delivered to a different address, you will need to pay for the product and delivery fee in full prior to re-delivery if reproduction is required.
It is your responsibility to ensure that someone is present to accept delivery. We take no responsibility if no one is present at the delivery address to accept the products being delivered on the delivery date specified during checkout. If the recipient is not present at the delivery address, the product ordered will be left at the delivery address unless, in the courier’s opinion, it would not be safe to do so, in which case:
- The flowers will be returned to the point of dispatch and stored appropriately,
- You will be contacted and advised that the flowers were not able to be delivered,
- If the same product is to be re-delivered, you will need to pay for another delivery based on the location, and
- If the product requires reproduction, you will need to pay for the product in full prior to re-delivery.
We are unable to guarantee delivery at a specific time, but we are normally able to deliver within four hours on orders. You may request a time frame in the special instruction box when ordering, and we will do our best to accommodate your request.
Occasionally, substitutions may be necessary to create your arrangement due to the availability of certain flowers at certain times of the year. Care is taken to maintain the style, theme, and color scheme of the arrangement, using flowers of equal value. Additionally, the substitution of certain vases and/or keepsake items may be necessary due to increased demand, especially during major holidays. In single-flower arrangements such as those consisting of all roses or orchids, we will make every attempt to match the flower type, but may substitute with another similar color.
Feel free to add anything you like to the “special instructions” section when placing your order. Note any allergies, and any flower/fragrance preferences the individual receiving the arrangement has.
By ordering an arrangement from us, you acknowledge that:
- Subject to the availability of flowers, we will endeavor to supply products that match the images and descriptions provided on the website,
- Minor variations between the images and descriptions provided on the website and the goods as delivered may occur,
- Some flowers are seasonal. We will substitute any unavailable flowers for those of a similar appearance and value, and you agree not to hold us responsible for any such variations.
- Where non-floral items are selected (such as greeting cards, balloons, candles, etc.) and are not available, we will do our best to contact you if the substitution of equal or greater value.
If there are any serious quality issues with our fresh floral products within 6 hours of delivery, we will replace the flowers and deliver them to the delivery address with no additional cost to you – the sender – provided that the recipient followed the “longevity tips,” calls us as soon as reasonably practicable to notify us of damage, and emails digital photos of the issue to email@example.com or returns the entire arrangement to us within our guarantee time.
Bear in mind that flowers are perishable. Proper care is required. No refunds or replacements will be made for any order should the recipient or sender not notify us within 12 hours of the original delivery date. It is the responsibility of the sender to review all of the information provided on this website relating to refunds and/or replacements.
Cancellation and Changes
Under our cancellation policy, we will refund 100% of the purchase price paid if you cancel an order by calling us at (818)378-1911 or emailing us at firstname.lastname@example.org at least 72 hours prior to the delivery date. Orders not subject to refund include but are not limited to: wedding and special event florals, fresh floral orders that require special order or product, and customized/special order everlasting arrangements if already created.
We reserve the right to not accept changes to orders for delivery on special calendar events including but not limited to Christmas, Thanksgiving, Valentine’s Day, Mother’s Day, etc.
We may, at our sole discretion, reject an order for goods (if, for example, we are unable to arrange delivery to your delivery address). In these cases, we will notify you as soon as possible and will refund any amounts paid by you with respect to those goods.
Modern Aesthetics Floral Design is not responsible for any order where the recipient refuses to accept the item. Modern Aesthetics Floral Design will not issue refunds to any customer where the recipient, for whatever reason, will not accept the item or refuses delivery.
We do NOT take responsibility for arrangements being delivered to other locations such as (hotels, restaurants, recipient’s work location, etc.,) other than recipient’s home due to customer’s requests. We also do not take responsibility for how customers handle the arrangement after it’s been delivered.
Risk of Loss
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the recipient.
Editing, Deleting and Modification
We may edit, delete, or modify any of the terms and conditions contained in this agreement at any time under our sole discretion by posting a new agreement on our site. Your continued participation in our program, your visit to our site, as well as shopping via our site following the change to our terms and conditions will constitute binding acceptance of the change.
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, and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The contents of our site and the site as a whole are intended solely for your personal, noncommercial use. Any use of our site and its content for purposes other than personal and noncommercial is prohibited without our prior written permission. You are prohibited from reproducing, publishing, displaying, modifying, selling, or distributing any of the materials produced by or purchased from Modern Aesthetics Floral Design. You may download or electronically copy and print page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our services without the express written permission by us.
Modern Aesthetics Floral Design will automatically renew subscriptions until asked for cancellation by the customer. Customers may cancel at any time for any reason. Re-billing occurs in the frequency stated by the purchase – ie. monthly re-bills once a month, 3-month subscriptions re-bill every 3 months, and so on.
Acknowledgment of Rights
You hereby acknowledge all rights, titles, and interests in regard to you and our site. You will not acquire any right, title, or interest in or to Modern Aesthetics Floral Design except as expressly set forth in this agreement. You acknowledge that you are prohibited from modifying, adapting, translating, preparing derivative works from, decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from any of our services, software, or documentation, or creating or attempting to create a substitute or similar service or product through use of or access to our site or proprietary information related thereto.
Fraudulent activities are highly monitored on our site and if fraud is detected, Modern Aesthetics Floral Design shall resort to all remedies available and necessary. You shall be responsible for all costs and legal fees arising from fraudulent activities you have been found to have committed.
Warranty Disclaimer and Limitations of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data arising in connection with this agreement or our site/products.
We make no express or implied warranties or representations with respect to our site or any products sold and offered on our website. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products, and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
Failure of Modern Aesthetics Floral Design to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants; terms, conditions and covenants shall continue to be in full force and effect.
No waiver of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict of laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to, or in connection with this agreement will be irrevocably submitted to the exclusive jurisdiction of the courts of California. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this agreement, without liability to us. However, we may assign this agreement to any person at any time without notice. In the event that any provision of these terms and conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these terms and conditions shall remain valid and enforceable according to its terms.
This site is hosted and our services are performed in the U.S. and are intended for U.S. customers. If you are a consumer accessing our site from any region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, your continued use of the site, which is governed by U.S. law and these terms, indicates your consent to transfer of your information to the U.S.
- Flowers and foliage are not for human or animal consumption and we cannot be held liable for any damages incurred as a consequence of consumption.
- You must advise us when placing the order for flowers if the recipient or individuals who will be coming in contact with our arrangement have any allergies to particular types of flowers. If you do not do so, we will not be able to take any allergies into account when supplying the products.
- We do not accept responsibility for:
- Any use of this website which is illegal or prohibited by laws which apply to you;
- Any interference or damage to your own computer which arises in connection with your use of this website;
- Losses you may sustain due to unauthorized access to or alteration of your transmissions or data or of information contained on your computer or on this website; or
- Malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.
This website may contain third party links to other websites, including websites operated by third parties. We are not responsible for the content or privacy practices associated with linked websites or third-party advertisements that might incur as a result.
This website and the information which it contains are the property of Modern Aesthetics Floral Design and its affiliates and are protected from unauthorized copying and dissemination by international conventions and other intellectual property laws. By way of example only, you may not copy and use any and all information (i.e.: arrangement designs, product names, logos, terms and conditions, agreements, policies, etc.) from the site without written permission of all parties involved, for any means.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or services that contain 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 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.
Questions & Comments
If you have any questions or comments concerning this privacy statement, please do not hesitate to contact us via telephone at (818)378-1911 or email at email@example.com