Last updated: 12/20/18

 

Terms & Conditions

PLEASE READ THIS AGREEMENT CAREFULLY; IT IS A BINDING CONTRACT.

 

THE “ARBITRATION AGREEMENT” SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES YOU MAY HAVE WITH US.  PLEASE REVIEW IT CAREFULLY.

IF YOU DO NOT AGREE TO ANY PART OF THIS AGREEMENT, DO NOT USE OUR SERVICES.

Binding Agreement.  By using Songbird Floristry’s website (www.songbirdfloristry.com), purchasing any goods from Songbird Floristry, or entering into any transactions with Songbird Floristry (collectively, our “Services”), you are agreeing to the terms and conditions stated in this document and all terms and conditions incorporated by reference (collectively, the “Terms and Conditions” or “Agreement”). 

Parties to the Agreement.  This Agreement is between you as the user of the Services and Arranged For You Floral Events, LLC, a domestic limited liability company registered in Oregon.  Songbird Floristry is an assumed business name for Arranged For You Floral Events, LLC.  The terms “Songbird Floristry,” “we,” “our,” and “us” refer to Arranged For You Floral Events, LLC.  If you are using our Services on behalf of a company, organization or other entity, you represent and warrant that you are an authorized representative of the entity with the authority to bind them.  The terms “you” and “yours” as used herein includes you and any such entity.   By using our Services, you certify that you are over the age of eighteen, have legal capacity to enter into a contract, and are not on the U.S. Treasury Department’s list of Specially Designated Nationals.

Amendments:  Songbird Floristry may amend this Agreement by publishing updated Terms & Conditions to our website. If at any time you engage with Songbird Floristry or our Services, it is your responsibility to review the Terms & Conditions for updates.  For your convenience, the date of the last revision is included at the top of this page.  

Privacy Policy:  Our privacy practices are described in our Privacy Policy located at (https://www.songbirdfloristry.com/privacy-policy) (“Privacy Policy”) and are incorporated herein by reference.  By using the Services, you represent that you have read and consent to the Privacy Policy.  IF YOU DO NOT CONSENT TO THE PRIVACY POLICY, DO NOT USE OUR SERVICES.

Account information.  It is your responsibility to keep your account information, including username and password, safe.  You are responsible for notifying us immediately of any unauthorized use of your account.  Be particularly careful when using your account from a computer that is not your own.  

Cancellation: You are entitled to cancel your order for any reason if you notify us via email at [email protected]  within 24 hours of placing your order.

Order modifications:  After 24 hours, you may request additions or modifications (no overall reductions) to your order via e-mail and we will do our best to accommodate; but make no guarantees. 

Delivery:  If you choose to have your order delivered, we will deliver to you the day of your event. We will work with you to arrange a two-hour delivery window based on the venue availability start time and the event start time. 

Pick up:  If you chose to pick up your order, you agree to pick up your order during the specified time at the location address provided in your confirmation email. 

Quality:  The beauty of flowers is impermanent.  We are not responsible if your items are damaged once you receive them - during transport or otherwise.  For example, in cases of extreme heat or if you do not follow the care instructions, it is possible that flowers can wilt prematurely.  This is a risk you accept.  Refunds will not be given for heat-stressed of otherwise damaged flowers. 

Extreme weather:   If snow and ice are predicted, we will contact you to work out a snow plan (for example, an alternate hand off time or location).  If we are unable to deliver to you, we will have your order available for pick up in Sherwood, OR.

Order acceptance/confirmation.   Once we receive your order, you will receive an e-mail confirmation.  This e-mail confirmation only confirms we have received your order; it does not signify our acceptance of your order or confirmation of our offer to sell.  We reserve the right at any time after receiving your order to accept or decline your order for any reason.  If we cancel your order after you have already been billed, then we will refund you the billed amount.

Product availability, pricing, and errors.  Our offerings and pricing may change without prior notice to customers.  Product descriptions, photographs, and other content is approximate.  Products may become unavailable even after an order is placed.  Additionally, despite our efforts, errors may occur on our website or in processing an order or confirmation or otherwise.  In the event of an error, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.   

Limitation of liability; sole and exclusive remedy.  IN NO EVENT SHALL ARRANGED FOR YOU FLORAL EVENTS, LLC, SONGBIRD FLORISTRY, THEIR DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY USE OF OUR SERVICES.  TO THE FULL EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SERVICES. 

Disclaimer of warranties.  OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Arbitration agreement.  ANY DISPUTE BETWEEN RELATED TO THIS AGREEMENT, THE SERVICES, OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT WILL BE RESOLVED BY ARBITRATION GOVERNED BY THE OREGON UNIFORM ARBITRATION ACT (ORS 36.600 et seq.) AND, TO THE EXTENT NOT INCONSISTENT WITH THAT STATUTE, CONDUCTED IN ACCORDANCE WITH THE RULES OF PRACTICE AND PROCEDURE FOR THE ARBITRATION OF COMMERCIAL DISPUTES OF ARBITRATION SERVICES OF PORTLAND (“ASP”).  THE ARBITRATION SHALL BE CONDUCTED IN PORTLAND, OREGON AND ADMINISTERED BY ASP.  ALL ARBITRATION HEARINGS WILL BE COMMENCED WITHIN THIRTY (30) DAYS OF THE DEMAND FOR ARBITRATION, WHICH MUST BE PRESENTED IN WRITING, UNLESS THE ARBITRATOR, FOR SHOWING OF GOOD CAUSE, EXTENDS THE COMMENCEMENT OF SUCH HEARING.  THE DECISION OF THE ARBITRATOR WILL BE BINDING ON ALL PARTIES, AND JUDGMENT UPON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.  THE PARTIES ACKNOWLEDGE THAT, BY AGREEING TO ARBITRATE DISPUTES, EACH OF THEM IS WAIVING CERTAIN RIGHTS, INCLUDING ITS RIGHTS TO SEEK REMEDIES IN COURT (INCLUDING A RIGHT TO A TRIAL BY JURY), TO DISCOVERY PROCESSES THAT WOULD BE ATTENDANT TO A COURT PROCEEDING, AND TO PARTICIPATE IN A CLASS ACTION.  You may opt out of this provision by providing written Notice of the same to us at the time you place your order. 

Notice.  Notice to us under this Agreement means written communication sent via e-mail to [email protected] or sent via first class mail to Songbird Florsitry Attn: Robyn Hunter 18295 SW Alton St Beaverton, OR 97003.

Applicable law.  This Agreement will be governed by the laws of the state of Oregon, excluding its conflict-of-laws principles that would require the application of the laws of any other state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Intellectual property.  This website and its original content, features, and functionality are owned by Arranged For You Floral Events, LLC, and are protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. 

Location of services.  The Services are intended to be provided to users in the United States.  Should anyone choose to access the Services from location outside of the United States, they do so of their own initiative and are responsible for compliance with applicable local laws. 

DMCA notice.  If you are a copyright owner or agent thereof and believe any content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DCMA”) by providing written Notice to us that includes the information required for a valid notice under 17 U.S. Code § 512 (c)(3). 

Third-party content, links, and plug-ins. Our website may contain links to third-party websites which may have terms and conditions that differ from our own.  We are not responsible for the practices of such websites.  For example, the use of any social network plugin is subject to each social media website’s own terms and conditions.  As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such website.  Read their policies carefully as you use them at your own risk.

Severability. If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Attorney’s fees.  In the event any suit, action, arbitration, or other proceeding (“Action”) is brought by either party in connection with this Agreement, the prevailing party in such Action is entitled to reasonable attorneys’ fees, costs, and expenses.

Entire agreement.  This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us related to the Services.