Ambiana’s terms and conditions for subscription floral delivery

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  1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

You may not order services from this website if you:
(A) do not agree to these terms.
(B) are not the older of
(i) at least 18 years of age or
(ii) legal age to form a binding contract with Ambiana,
(C) have a known allergy or sensitivity to any of the products, or intend to use the products in an environment with persons who have a known allergy or sensitivity to any of the products, or
(D) are prohibited from accessing or using the website or any of this website’s contents, goods or services by applicable lay.

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These terms and conditions (these “Terms”) apply to the purchase of subscription floral delivery and arrangements services through www.ambiana-floral.com (the “Site”). These Terms are subject to change by Ambiana LLC (referred to as “Ambiana”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

  • Order Acceptance and Cancellation

You agree that your order is an offer to subscribe, under these Terms, to the floral services subscription listed in your order. All orders must be accepted by us or we will not be obligated to deliver the floral services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Ambiana and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at (202) 597-8421

  • Prices and Payment Terms

(a)   The price charged for a subscription will be the price in effect at the time the order is placed and will be set out in your order confirmation email. This initial subscription rate may increase annually after 30 days written notice to you. Posted prices do not include taxes. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.

(b)  Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept check, cash and bank transfer for all purchases only.

  • Shipments; Delivery; Title and Risk of Loss

(a)  We will arrange for delivery of the products to you after receipt of your payment.
(b)  Title and risk of loss pass to you upon our delivery to your venue.

  • Returns and Refunds

Because floral products are perishable, we cannot offer refunds after delivery of flowers to your venue.  You are encouraged to inspect our arrangements upon our arrival at your venue and make us aware of any issues before accepting delivery.  If you and Ambiana have a disagreement with respect to the acceptable quality of Ambiana’s floral arrangements upon arrival at your venue, Ambiana may, at its option, cancel and refund your remaining subscription. Your refund will be credited back to the same payment method used to make the original purchase on the Site.  

  • Goods Not for Resale or Export

 You represent and warrant that you are subscribing to floral arrangement services from the Site for your own use only, and that the flowers received are not for resale or export. 

  • Privacy

Ambiana’s Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

  • Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the District of Columbia.

  • Limitation of Liability

Because plant products by their nature can be highly allergenic or staining, by ordering our services, you accept the risk of allergic or other adverse reactions by anyone to our delivered plants.  Our liability will under no circumstances exceed the actual amount paid by you for a product or service that you have purchased through the site, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  • Governing Law and Juridiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the District of Columbia.

  • No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Ambiana.

  • No Third Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  • Notices

(a)  To You. We may provide any notice to you under these Terms by:
(i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)  To Us. To give us notice under these Terms, you must contact us as follows: 

(i) by sending a message to the email address maud@ambiana-floral.com

  • Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  • Entire Agreement

These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.