Legal Statement

Orders will not be completed until payment in full has been received and is satisfied with the integrity of the order.

1. Responsibility to Provide Complete, Current and Correct Delivery Information

It is the purchaser's responsibility to enter the correct delivery details at the time of ordering. This includes the recipient's name, valid delivery address and working telephone number. We request the recipient's telephone number to help accomplish successful delivery in the event our staff arrives and there is no building access (locked entry door) or unwillingness by the building staff at the delivery location to accept the delivery. In some but not all cases, at our discretion, we may call ahead to confirm special delivery arrangements (i.e. buildings with locked front entrances, special security delivery protocols, large items requiring special handling, etc.). If the delivery information provided to us is incorrect, Gabriela Wakeham Floral Design is not responsible. We will not issue a refund for undelivered orders due to incorrect address and/or incorrect recipient information provided to us. If after placing your order you discover that you entered provided incorrect delivery information either online or by telephone, please contact us with correct information at least 24 hours prior to the scheduled delivery date by completing and submitting this online form. Please make certain to reference your order number in your message. Should we advise you of our inability to deliver based on the information provided to us and you choose to request redelivery, there may be an additional delivery charge at our discretion for the next delivery attempt. If enough time has elapsed that the flowers are spoiled and must be remade for the next delivery attempt, you will be advised and at our discretion charged either a partial amount or the complete order amount (flowers, delivery charge, NYS sales tax).

2. Cancellation of Orders

Should you need to cancel your order, your payment will be refunded less a $15 administrative fee, ONLY IF notice is received by Gabriela Wakeham Floral Design at least 24 hours prior to the scheduled delivery date. Cancellations received with less than 24 hours notice will be charged at 50% of the total order value. We are unable to cancel orders that are already prepared and with our courier for delivery.

3. Refunds

As each flower is unique, so too, are your special requirements and concerns surrounding your order. A number of resolutions may be available to you at our discretion and are subject to your particular situation. Note: All refunds for orders placed online or over the telephone are credited back the original credit card on which the order was purchased.

Prices of goods, services and delivery and other charges displayed on the website are current at the time of display. These prices are subject to market and business conditions and may change at any time without notice.

4. Lifespan of Cut Flowers and Plants

Your satisfaction is important to us, but we do not make warranties about the lifespan of cut flowers, floral arrangements and plants. Flowers and plants are natural objects and subject to variation beyond our control. In addition, the environment in which they are placed (temperature, light level, humidity) and the care given to them (proper watering) all may affect lifespan and also are beyond our control. We condition all flowers at our discretion and purchase flowers often in a good-faith attempt to help what we deliver be as long lasting as possible. But no specific lifespan is guaranteed nor implied in any way.

5. Product Substitution / Availability

Please note that with flower orders, some flowers/products /color /vase/plant and detail items may be substituted based on availability. If this occurs we will fulfil the order to equal or greater value if the selected flowers/products are unavailable and substitutions are made.

6. Disclaimer

6.1 Under no circumstances is The website liable for loss of profits, whether direct or indirect or any indirect or consequential damage whatsoever suffered by you.

6.2 If The website fails to supply services or goods offered by The website, The website's liability is limited to supplying the services or goods again or if The website does not supply the services or goods again, the payment of the cost of having the goods or services supplied again.

6.3 The website does not warrant expressly or imply that your access to and use of the Site, or any other website linked to this Site will be uninterrupted or error free.

6.4 The website does not warrant, expressly or impliedly that any defects will be corrected or that the Site (or any website linked to this Site) or the server which stores and transmits Content to you are free of viruses or any other harmful components.

7. Limitation of Liability

7.1 To the extent permitted by law, under no circumstances (including negligence) will the website, our officers, employees, advisers, partners, agents or suppliers, or any of our licensors, related companies and affiliates or their officers, employees, advisers, partners, agents or suppliers, be liable for any damages that result from:

7.1.1 any of your information or text appearing on the Site;

7.1.2 your reliance on the Site; or the use of or access to, or the inability to use or access the Site, or the loss of any data; or

7.2 This limitation of liability extends to our licensors, related companies and affiliates and each of our or their officers, employees, advisers, partners, agents, suppliers, individually or jointly.

8. Intellectual Property

8.1 The scripts (computer code that comprise this website) are copyright and may not be downloaded, copied or otherwise stored unless in their original at with the full written approval of the webmaster.

9. Your Use of the Site

9.1 This Site is available only for your personal use. You may:

9.1.1 print copies of the Content and store associated files on your own computer for the purposes of using this Site and the services provided on this Site; and

9.1.2 reference hypertext documents on this server from your own documents.

9.1.3 print, copy and distribute the in ation on this site pursuant with these terms of use.

9.2 You must not:

9.2.1 use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of The website or which is prohibited by the Terms and Conditions.

10. Links

The website disclaims all warranties with regard to the content of or otherwise relating to other web sites or resources linked in any way to this Site. Any links to a third party site are provided for convenience only. The website is not responsible for and makes no representations concerning the condition and content of, or products offered at the third party site. A link does not indicate, expressly or impliedly, that The website endorses the site or the products or services offered there. Your access to any linked site and use of any products or services offered there is at your own risk.

11. No Legal Advice or Business Advice

The data and information contained on this Site are for your general information only and are not intended to be a substitute for legal advice.

12. Other

By using this website, you are acknowledging your consent to the above Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this website.

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