Terms of Sales

All of our sales whether processed online, on the phone or in person, shall be governed by the following terms (the “Terms”). Our online store and flower studio are owned and operated by Lumieres de Roses, Inc. (“we”, “us” and “our”). By ordering from us, the client (“you”) agree to be bound by these terms and conditions, and all other additional terms and/or conditions that may be published on our website www.flowerscreations.us (“Terms”). If you do not accept the Terms cease using this website. We reserve the right to amend the Terms from time to time. As applicable, Amendments will be effective immediately upon notification to you or publication on our website.

Contract of Sale.

A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for flowers or related decorative goods from you. Unless we notify you prior in writing, acceptance of your order occurs when we: a. 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; b. Debit your form of payment to process your order; and c. Contact you, by email (or otherwise), confirming your order.

2) You can place an order on the website or by calling our flower studio to place a customized order that cannot be facilitated through our online shopping cart.

3) To secure your order we require full payment of the purchase price via Visa, MasterCard, American Express or Discover for online order as well as cash or check for in store purchases. Orders will not be processed until payment has been successfully processed and we have your full contact details.

Delivery.

1) If the address at which the floral products are to be delivered (the “Delivery Address”) 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/God) 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.

2) All charges for delivery, postage and handling are specified at checkout or otherwise notified prior to acceptance of an order.

3) Deliveries will not be made on Sundays or public holidays unless otherwise agreed upon by all parties involved.

4) 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 and you request that the flowers be delivered to another address after delivery has incurred, you will need to pay for the product and delivery fee in full prior to re-delivery if reproduction is required.

5) 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 delivery on the delivery date specified during checkout. If the recipient is not present at the Delivery Address the flowers will be left at the Delivery Address unless, in the courier’s opinion, it would not be safe to do so, in which case: a. the flowers will be returned to the point of dispatch and stored appropriately; b. you will be contacted and advised that the flowers were not able to be delivered; and c. if the same bunch of flowers is to be re-delivered you will need to pay for another delivery based on the location; or d. if the bunch of flowers requires re-production, you will need to pay for the product in full prior to re-delivery.

Product.

1) Subject to the availability of flowers, we will endeavor to supply products that match the images and descriptions provided on our website or catalogue.

2) You acknowledge that minor variations between the images and descriptions provided on the website and the goods as delivered may occur.

3) You acknowledge that some flowers are seasonal, some flowers may be of different value outside of the New York area, and some flowers may not be available for delivery in certain areas. Our skilled florists 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, and are not available, we will do our best to contact you of the substitution options of equal or greater value.

4) You acknowledge that we may engage other florists to fulfill orders placed outside of our delivery area, including orders for out of state and international delivery, and that in such circumstances variations between the images and descriptions provided on the website and the goods as delivered may occur, and you agree not to hold us responsible for any such variations.

Guarantee.

1) If there is any serious quality issues with the fresh floral product within 24 hours of delivery we will replace the flowers and deliver them to the Delivery Address, at no additional cost to you the sender, provided that the recipient: Call our studio as soon as reasonably practicable to notify us of such damage; and email digital photos of the issue to us or return the entire floral arrangement to our studio within the guaranteed time frame, if applicable.

2) If in accordance with the clause above we provide you with a replacement arrangement then, subject to any statutory rights you may have which cannot be excluded, you agree we have completely discharged our obligations, and any liability we may have, to you.

Cancellation and changes.

1) Under our cancellation policy, we will refund 100% of the purchase price paid if you cancel an order by calling our studio at or emailing us (as indicated on your invoice or purchase confirmation) at least 48 hours prior to the Delivery Date. Orders of which are not subject to refund include but are not limited to: a. Weddings and Special Event floral arrangement; b. Fresh floral orders that require special order or product; c. Customized arrangements, if already created;

2) We reserve the right not to accept changes to orders for delivery on special calendar events, including but not limited to Thanksgiving, Valentine’s Day or Mother’s Day.

3) We may, at our sole discretion, reject an order, if, for example, we are unable to arrange delivery to your delivery address. In that case we will notify you as soon as possible and will refund any amounts paid by you in respect of those goods.

Indemnity.

You will, to the maximum extent permitted by the law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of: a. your use of the website; b. your use of products purchased from us; c. your provision of incorrect information to us; or d. any breach of these Terms.

Force Majeure.

If by reason of any fact, circumstance, matter or thing beyond our reasonable control, including but not limited to war, strike, riot, act of God (such as flooding, storm, snow, etc), we are unable to perform any obligation under this agreement, we are relieved of that obligation to the extent that we are so unable to perform and are not be liable to you in respect of such inability.

Warnings.

1) 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.

2) You must advise us when placing the order for flowers if the Recipient has any allergies to particular types of flowers. If you do not do so then we will not be able to take any allergies into account when supplying the products.

Confidentiality.

Client records and information provided are regarded as confidential and therefore will not be divulged to any third party unless legally required to do so. Clients have the right to request sight of, and copies of any and all of their Client Records we keep, on the proviso that we are given reasonable notice of such a request. We disclose personal information only to those of our employees and contractors that (i) need to know that information in order to process it on our behalf or (ii) to provide services available at our website, and (iii) that have agreed not to disclose it to others. We may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with us and our products. We take all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of personal information. Any emails sent by us will only be in connection with the provision of our services and products.

Contact.

Please feel free to contact us if you have any questions.