Flowers on 5th | Custom Floral Arrangements in Utah

1. Acceptance of Terms

By accessing and using Flowers on 5th ("we," "us," or "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our website or services.

2. Services

Flowers on 5th provides custom floral arrangements, subscription flower services, and related products. We operate in Utah County, Utah, and offer both pickup and delivery services.

3. Account Registration

To purchase subscriptions, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Subscription Terms

Subscription Plans: We offer flower subscription services with various frequencies (bi-weekly, monthly) and commitment lengths (month-to-month, 3 months, 6 months, 1 year).

Cancellation Policy: Subscriptions may be canceled with at least 30 days written notice before your next scheduled delivery. Cancellation requests must be submitted through your account dashboard or by contacting us directly. Cancellations requested less than 30 days before the next delivery will take effect after that delivery.

Billing: You will be charged according to your selected subscription plan. All prices are in USD and include applicable taxes. Delivery fees are calculated based on distance from our location (1299 N 500 W, American Fork, UT) at a rate of $1 per mile.

Changes: We reserve the right to modify subscription prices with 30 days notice. You may cancel your subscription if you do not agree to price changes.

5. Custom Orders

Custom floral arrangements are made to order. Please allow 24-48 hours for preparation. Final pricing may vary slightly based on flower availability and specific requests. All custom orders are final sale unless otherwise specified.

6. Delivery and Pickup

Delivery: We offer delivery throughout Utah County. Delivery fees are calculated automatically based on distance from our location. Delivery times are estimates and we are not responsible for delays due to weather, traffic, or other circumstances beyond our control.

Pickup: Free pickup is available at our location (1299 N 500 W, American Fork, UT). You will be notified when your order is ready for pickup.

Failed Deliveries: If delivery cannot be completed due to incorrect address or recipient unavailability, you may be charged an additional delivery fee for re-delivery.

7. Payment Terms

All payments are processed through Stripe. We accept major credit cards. Payment is required at the time of order for custom arrangements and according to your subscription billing cycle for subscriptions. By providing payment information, you authorize us to charge your payment method for all applicable fees.

8. Refund Policy

Due to the perishable nature of our products, all sales are final. We do not offer refunds for delivered flowers. If you are unsatisfied with your order, please contact us within 24 hours of delivery and we will work with you to resolve the issue. Subscription cancellations are subject to our 30-day notice policy.

9. Product Availability

Flower availability varies by season. We reserve the right to substitute flowers of equal or greater value if your requested flowers are unavailable. For subscription services, each delivery will feature unique "Designer's Choice" arrangements that vary with the seasons.

10. Limitation of Liability

To the maximum extent permitted by law, Flowers on 5th shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.

11. Property Liability Waiver

Assumption of Risk: By visiting our property at 1299 N 500 W, American Fork, UT for pickup or any other purpose, you acknowledge and agree that you assume all risks associated with being on our property. This includes, but is not limited to, risks of injury, damage to personal property, accidents, falls, or any other incidents that may occur on our premises.

Release of Liability: You hereby release, waive, discharge, and covenant not to sue Flowers on 5th, its owners, employees, agents, or representatives from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your property while on our premises, whether caused by the negligence of Flowers on 5th or otherwise.

Indemnification: You agree to indemnify, defend, and hold harmless Flowers on 5th from any and all claims, damages, losses, costs, and expenses (including attorney's fees) arising from your presence on our property or your use of our services.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Any disputes arising from these terms or our services shall be resolved in the courts of Utah County, Utah.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: esteemarlowe@gmail.com
Address: 1299 N 500 W, American Fork, UT
Website: Contact Page

14. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes by posting the new Terms of Service on this page and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the new terms.