Terms Of Use

Last Updated:  June 6, 2017

WELCOME TO FLOWERSNATURALLYNYC.COM .  THE SITE IS OWNED AND OPERATED BY, FLOWERS NATURALLY, INC. (HEREAFTER “BLOOMNATION”).  PLEASE READ THESE TERMS OF USE (THIS “AGREEMENT”) CAREFULLY BEFORE USING FLOWERSNATURALLYNYC.COM, ITS MOBILE APPLICATIONS AND SOCIAL MEDIA PAGES (INCLUDING FACEBOOK AND TWITTER PAGES) AND ANY SERVICES OFFERED THROUGH FLOWERSNATURALLYNYC.COM, ITS MOBILE APPLICATIONS AND AFFILIATED SOCIAL MEDIA OR THIRD PARTY WEB PAGES OR PREMIUM CUSTOM SITES OPERATED BY USERS UTILIZING THE FLOWERS NATURALLY PLATFORM (COLLECTIVELY REFERRED TO HEREAFTER AS THE “SITE ”).  THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF FLOWERS NATURALLY.

By using Site in any manner, including but not limited to visiting or navigating any part of FlowersNaturallyNYC.com, all users of the Site (including, without limitation, Florists and Customers as defined below) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced and/or available by hyperlink herein.  This Agreement applies to all users of the Site, including without limitation users who are florists, vendors, customers, merchants, contributors of content, information and other materials or services on the Site or in connection with Flowers Naturally.  Different sections of the Agreement may affect users different depending upon their use of the Site, so please make sure to review this Agreement carefully.

If you have any questions, please refer to the contact us section.

1.  Flowers Naturally is a Venue

Flowers Naturally provides a venue where flower sellers (“Florists”) can create listings to sell certain floral arrangements and limited related goods within a fixed-price format at the Site (subject to compliance with the Florist’s Terms and Conditions set forth below)  and customers who visit  or utilize the Site can learn about Florists’ listings and make purchases from Florists (“Customers”).  Flowers Naturally is not directly involved in or otherwise a party to any transactions that may take place between Florists and Customers.  Flowers Naturally has  no control over the quality, safety, morality or legality of any aspect of the Florist’s listings or any claims made by Florists about the products or services they offer, the truth or accuracy of the listings created by Florists, the ability of Florists to sell the items or the ability of Customer to pay for the items. Flowers Naturally does not conduct background checks regarding any users of the Site and our verification process for Florists is limited.  Flowers Naturally is not a broker, agent or insurer for any users of the Site, whether they be Florists or Customers.  Flowers Naturally makes no representations, warranties or guarantees regarding any content or information provided by the florists, including, without limitation, the identity, age, and nationality of any seller, buyer or user.  We encourage you to communicate directly with potential transaction partners through the tools available through Flowers Naturally.  All purchases made by Customers from Florists are made at each Customer’s own risk

You acknowledge and agree that the Site is solely a venue and has no responsibility or liability for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site.  Your use the Site is solely at your own risk.

2.  Membership Eligibility

Registration for membership at the Site is subject to the following additional terms and conditions:Age: Flowers Naturally is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law.  By registering with the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.  We may, in our sole discretion, refuse to offer access to or use of Flowers Naturally to any person or entity and change the eligibility criteria at any time.  This foregoing is void where prohibited by law and the right to access Flowers Naturally is revoked in such jurisdictions.

Authority: If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Flowers Naturally of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Flowers Naturally without our express written permission.

Account Information: You must keep your account information, including a valid email address, up-to-date and accurate and up to date at all times.  To sell items on Flowers Naturally you must provide and maintain valid payment information.

Account Transfer:  The access rights granted to you under this Agreement are non-transferable without our express written permission. You may not assign or otherwise transfer this Agreement to anyone, including any parent, subsidiaries, affiliated entities or third parties, without our prior written consent, which may be withheld in our reasonable discretion.  Any attempted assignment or other transfer without such consent shall be void, and any such attempt shall be deemed to be a breach of this Agreement. All of our rights and obligations under this Agreement are freely assignable by Flowers Naturally. As used herein, the terms “assignment” and “transfer” shall include (a) any sale or transfer of all or substantially all of your assets, (b) a merger, consolidation or reorganization, and (c) a change in ownership.

Right to Refuse Service: We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content.  In addition, you must abide by our policies as stated in this Agreement and the policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Flowers Naturally, each of which is incorporated herein by reference and each of which may be updated by Flowers Naturally from time to time without notice to you:

 

Eligibility for Registration as a Florist at the Site is subject to the following additional terms and conditions: 

  • Florist Legal Obligations – If you would like to register as a Florist, you must be an authorized seller of floral arrangements and related goods through Flowers Naturally in the jurisdiction where you reside and in compliance with any local laws or regulations.  Where applicable, each Florist is solely responsible for obtaining all permits, licenses or other permissions required to offer goods through the Site.  Flowers Naturally assumes no responsibility for any Florist’s failure to obtain such permits, licenses or permissions or otherwise comply with applicable laws and regulations.
  • Single Account Restriction – Only one membership account per Florist is permitted.
  • No more filling to value – All orders should be prepared with the look and temperament your customer is expecting. Your reputation depends on it.
  • Images in Listings – Florist may not utilize wire-service or stock photos in its listings.  The images that Florists post in the listings must be images of your own creation featuring your own designs or those created by Flowers Naturally as part of its service to the Florist.  By posting them with the listing, Florists are each representing and warranting the posted images do not infringe on anyone else’s copyright or intellectual property rights.
  • Delivery area – The delivery area in the listing must accurately represent the area the Florist is capable of hand delivering arrangements to.
  • No “order gathering” or resales – Flowers Naturally has absolutely no tolerance for order gathering.  Florists may only create listings and accept orders that it is capable of fulfilling on its own.  No wiring or reselling orders is permitted and will result in immediate termination of membership.
  • The Customers are Your Customers – Flowers Naturally is not the broker, agent or joint venturer of any Florist.  There is no hiding behind a middle man.  Florists must treat all of orders obtained from Customers through the Site as if they are from someone that has just walked into your flower shop.  Happy customers make repeat customers.
  • Your Customer is Your Responsibility – If there is an issue with an order, Florists are solely responsible for addressing those issues with the Customer directly.  Via the ordering process on the Site, Florists will be provided with Customer contact information and must work directly with them to resolve any issues.  If no resolution can be reached, Florists and Customers may address their concerns to Flowers Naturally and Flowers Naturally may elect to act as an intermediary, but is under no independent obligation to do so.
  • Privacy Policy Compliance:  Florists are solely responsible for complying with all applicable state and federal laws, including those governing the collection, use and disclosure of user information.  Although Flowers Naturally may provide platforms (e.g. Listings, Storefonts, Custom Sites)  for Florists to serve customers, Florists must provide users with all requisite disclosures relative to the collection of personally identifiable information of users by Florists, including, but not limited to, the prominent display of a privacy policy.  To the extent Florists utilize Flowers Naturally’s platforms to communicate with their users, Florists represent and warrant that they have obtained such user’s authorization to send them e-mails for the Florist’s marketing or promotional purposes. For any email obtained from a user outside of Flowers Naturally’s platform and imported into his or her Flowers Naturally profile for our email marketing services, Florists must first have obtained the user’s authorization to send them e-mails for the Florist’s marketing or promotional purposes.

 

Florists that do not abide to the above terms and conditions and those listed below are subject to immediate removal without written or advance notification from BloomNation.  Users are encouraged to report any violations of the foregoing terms and conditions by a Florist by contacting Flowers Naturally at wecare@flowersnaturallynyc.com.