Store Policies - Terms
Client acknowledges that some flowers will slightly change colors once dehydrated. White flowers will turn more creamy and red flowers will sometimes turn more burgundy.
Client acknowledges that bruising on petals will occasionally occur, especially on lighter flowers. This is a natural occurrence with the resin process and is inevitable.
Contractor cannot guarantee the freshness of Client's flowers during the shipping process, especially when flowers are not shipped within 1-2 days of the wedding.
Contractor will work with the condition of Client's flowers on how they are received. Client must not expect and assume flowers to look perfect if shipped or dropped off more than 3 days past the event date. Contractor will still work with the flowers received but cannot guarantee the look will be as fresh due to the timing. If Client's flowers are too damaged to work with, Contractor will reach out to Client.
Client agrees that there is no guarantee that every single flower will be used. Some delicate flowers will fall apart during the shipping and dehydrating process.
Client understands that Contractor only dries the amount of flowers that are needed to be used, Contractor is not able to return extra flowers back or save any flowers that are unused.
Client acknowledges that because we have to pour in layers, the client will be able to see some slight lines on the side of some pieces, especially on larger pieces.
Client understands that each piece is uniquely one of a kind and due to the handmade nature of all pieces, Client can expect minor air bubbles, micro bubbles or tiny holes, some are in front but there will also be some especially on the bottom or back of pieces. This is also common in smaller pieces. This is a natural occurrence working with the resin material used. This will not affect the flowers since they are dehydrated and specially pre-treated.
If the flowers received are too bulky for the floral piece ordered, Client understands that sometimes the flowers will peak out from either the front or back of the piece and give a more 3D look.
Production period from start to finish is approximately 12-16 weeks. This applies to orders that have air dried flowers as well. Additional time may be required during the busy season or if it is a large order.
SHIPPING AND HANDLING
Contractor is not responsible for any mishandling of the floral package. Client is responsible for the shipping of their flowers, including damages or any lost packages in which Client must work with the postal service in order to retrieve their package.
Client understands that the shipping cost is not included in the invoice fee. Shipping cost varies on weight and location, so every Client's shipping fee is a different amount. Client will be billed a separate shipping fee once the order is complete. Orders cannot be shipped until the shipping invoice is paid in full.
SHIPPING ADDRESS CHANGE
If the Client is moving after the event date, it is the Client's duty to update Contractor with the new shipping address. Contractor does not confirm with the client before shipping out orders and is not responsible for lost packages due to neglect of updating the new address.
REFUNDS OR EXCHANGES
Due to the handmade and custom nature of each item, there are no exchanges or refunds available. Contractor does not offer order cancellations once the final invoice is paid for.
Parties will treat and hold all information of or relating to this Agreement, the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
Client has spent a satisfactory amount of time reviewing Contractor’s work and has a reasonable expectation that Contractor’s Services will produce a reasonably similar outcome and result for Client. Contractor will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Contractor’s current portfolio and services, and Contractor will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
Every client and final delivery is different, with different tastes, budgets, and needs;
Floral Preservation is a subjective service and Contractor is a provider with a unique vision, with an ever-evolving style and technique;
Contractor will use her personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
Dissatisfaction with Contractor’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
Client agrees that the Contractor does not reach out to client individually for a design check or to confirm the placement of design before making the design permanent.
LIMIT OF LIABILITY
Client agrees that the maximum amount of damages she is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Contractor’s total cost as set forth in this Agreement.
The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or
business activities of any Parties to this Agreement.
CANCELLATIONS AND RESCHEDULING
CLIENT DESIRES TO CANCEL OR RESCHEDULE
If the Client desires to cancel Services of Contractor for any reason at any time, then Client shall provide written Notice to Contractor in order to cancel this contract. Clients may reschedule Services with at least 2 Weeks Notice. Providing Notice will not relieve the Client of any currently outstanding payment obligations. Contractor will not be obligated to refund the full portion of monies Client has previously paid to Contractor. Contractor will hold $100 from the reservation fee if booking is canceled.
CONTRACTOR DESIRES TO CANCEL OR RESCHEDULE
In the event Contractor cannot or will not perform her obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to Client, and at the Contractor’s discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Contractor, no reasonable substitute is found, Contractor shall excuse Client of further performance obligations in this Agreement.
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
If it becomes impossible for Contractor to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, it is within the Contractor’s sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to the Contractor.
Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is sent:
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.
The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
Neither party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided herein.
The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.