When you order and purchase Products and Services through the ENJOY FLOWERS® Company and/or its Website, you agree to the Terms of Use. The ENJOY FLOWERS® Company reserves the right, in its sole and absolute discretion, to accept or deny any order for its Products and Services for any reason.
A. ENJOY FLOWERS® SUBSCRIPTION SERVICE
1. Types of Subscriptions
The ENJOY FLOWERS® Subscription Service is defined in terms of the 4 different components: flower assortment type, assortment size, delivery frequency and payment frequency. You will make the following selections when you choose your subscription:
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Select your flowers collection. You will select whether you would like our Farm Fresh Bouquet, Signature Bouquet or Do-it-yourself selection.
Select the size of your flower assortment. You have the option of a regular, medium, large, single or double assortment. Each size is defined in terms of the number of stems.
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- Select the frequency of your delivery. You have the option of receiving your ENJOY FLOWERS® bouquet every week, every two (2) weeks or once (1) per month.
- Select your payment plan. You have the option of: (i) a monthly subscription, 3-month subscription, 6-month subscription, or 12-month subscription for the monthly delivered subscriptions, (ii) the 2-weeks, 4-weeks, 8-weeks or 16-weeks for the every two (2) weeks delivered subscriptions or (iii) 4-weeks or 8-weeks for the every week delivered subscriptions .
2. Subscription Service Payment
Your ENJOY FLOWERS® Subscription Service payment will be based upon your subscription selection and will be charged on the anniversary of your subscription date accordingly. Your ENJOY FLOWERS® Subscription Service payment will be automatically charged to your credit card, on the payment frequency selected, unless and until you cancel it, or we terminate it. For example, if you select a 3-month subscription, your first ENJOY FLOWERS® payment will be for three (3) months of Subscription Service and will be automatically charged to your credit card at the end of the 3-month period for an additional 3-month period unless you cancel it, or we terminate it. You must provide us with a current, valid, accepted method of payment (such as a credit card) to use the ENJOY FLOWERS® Subscription Service. You are responsible for maintaining your credit or payment method current at all times. We will bill the subscription fee to your credit card or other payment method directly. You must cancel your subscription at least seven (7) days prior to the renewal of your subscription in order to avoid billing of the next cycle of Service payment fees to your credit card or other authorized payment method.
3. Shipment of Subscription Service Flowers
Shipments of the ENJOY FLOWERS® Subscription Service flowers occur every week on Tuesdays with arrival to customers anticipated on Thursdays or Saturdays with arrival to customers anticipated on Mondays.
Once your ENJOY FLOWERS® Subscription Service payment clears, your 1st delivery will occur on the next scheduled ENJOY FLOWERS® delivery date. If you choose to have delivery of the ENJOY FLOWERS® Service every two 2) weeks, your next delivery will occur two (2) weeks from your first scheduled delivery. If you choose to have your delivery of your ENJOY FLOWERS® Service once (1x) per month, your next delivery will occur within seven (7) days of your next billing cycle. You will not be able to modify the date of delivery of your ENJOY FLOWERS® Service.
You may edit the payment method and user information associated with Your Account by visiting the Website and logging in to Your Account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method or information or cancel your account, you still remain responsible for any uncollected amounts and authorize us to continue billing the credit card or other payment method as it may be updated. This may result in a change to your payment billing dates.
4. Billing of Subscription Service Flowers
By using or accessing the ENJOY FLOWERS® Website and/or ordering Subscription Services and providing or designating a credit card or other payment method, you authorize us to charge you the ENJOY FLOWERS® Service fee at the current rate, and any other charges you may incur in connection with your use of the ENJOY FLOWERS® Subscription Service to your credit card or other payment method. You acknowledge that the amount billed each billing cycle may vary from month to month for reasons that may include, but are not limited to, differing amounts due to promotional offers, and/or changing or adding a subscription plan. You authorize us to charge your credit card or other payment method for such varying amounts, which may be billed according to the Service subscription plan selected by you, in one or more charges.
We reserve the right to adjust pricing for our Subscription Service in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to our Service will take effect at the expiration of your billing cycle following e-mail notice to you.
A billing cycle will begin on the calendar day corresponding to the commencement of your subscription and will end at the expiration of the subscription plan you selected (month, 3-months, 6-months, or 12-months), depending on the subscription plan selected. For all subscriptions, the Subscription Service will be billed in its entirety at the beginning of the subscription period. Monthly and multi-month subscriptions will be charged automatically to your credit card, unless you cancel it more than seven (7) days prior to your next billing cycle. We will automatically bill your credit card or other payment method on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment.
For example, if you commence your subscription to the ENJOY FLOWERS® Subscription Service on the June 15th and you select a 3-month subscription, your card will be charged on June 15th for that subscription and then will be charged again (unless previously cancelled by you or terminated by us) in three (3) months on September 15th.
We reserve the right to change the timing of our billing, in particular, as indicated below, if your payment has not successfully settled. In the event your subscription began on a day not contained in a given month, we may bill your credit card or authorized payment method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your monthly ENJOY FLOWERS® subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your credit card or other authorized payment method would be billed on that date.
Your renewal date may change due to changes in your subscription. We may seek authorization of your credit card in anticipation of subscription or Subscription Service-related charges. You may review and edit your ENJOY FLOWERS® billing information by visiting our Website and logging into Your Account.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to receive our Subscription Service through the end of your current billing period.
At any time, at our sole and absolute discretion, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers ("credits"). The provision of such credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under no circumstance shall be deemed a modification of these Terms of Use.
5. Billing of Subscription Service Flowers
You may cancel your ENJOY FLOWERS® Subscription Service at any time and for any reason by logging into your account. Once you have accessed your account, go to the “Update Your Information” Section, click the “Edit” button to access the “Edit Your Subscription” Section. In that section, click the “Cancel Subscription” button. In the event of cancellation, your subscription will terminate at the end of the subscription term for which you have paid, and you will continue to receive ENJOY FLOWERS® Subscription Service through the end of your subscription period.
To avoid automatic renewal of your subscription, you must cancel your subscription by midnight, Eastern Standard Time seven (7) days prior to your next billing cycle for our Subscription Service. For example, if your month-to-month billing cycle is scheduled for the 18th of each month, ENJOY FLOWERS® must receive your cancellation at least seven (7) days prior to the 18th in order for you in order to avoid being billed on the following 18th.
We do not provide refunds or credits of any partial subscription period in which you may be out of town or otherwise unavailable to enjoy our services. However, if you are scheduled to be out of town, you may change the delivery address for delivery of the Subscription Service at any time, as long as such notice is provided to ENJOY FLOWERS® at least seven (7) days prior to your scheduled delivery. Or you can choose to skip a renewal period, this will allow you to skip the next billing, and thus to skip for one time the delivery of your product.
B. ENJOY FLOWERS® WEDDING AND EVENT PRODUCTS
The ENJOY FLOWERS® Wedding and Event Products are defined in terms of the purchase options available on the Website (and specifically, www.enjoyflowersevents.com), purchase assisted by a sales representative and/or standard purchase. You may choose between the available purchase options, subject to the following provisions:
1. Assisted Purchase
You will select this option if you intend to purchase with the assistance of a sales representative. This option will allow you to customize your selection by modifying different aspects of the selected flower package (such as, flower varieties, items). You will:
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- Fill out the web contact form available at the Website and you will specify the collection, flower items other required or desired features.
- A sales representative will contact you to assist you in the selection of the most suitable collection, customizable options, price quotation and purchase process.
- This will require some information concerning payment options, shipment and delivery.
In case you have a specific requirement or additional assistance, you may send an email to weddings@enjoyflowers.com and a sales representative will address your inquiry no later than 48 hours following your request.
Your ENJOY FLOWERS® Wedding and Event Products acquired through our Website and assisted by a sales representative, will be priced taking into consideration your specific needs and requirements and the level of customization of the ENJOY FLOWERS® Wedding and Event Products. In any case, the Price of your ENJOY FLOWERS® Wedding and Event Products will account for:
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- Bridal bouquet, bridesmaid bouquet, centerpiece, boutonnière, corsage, flowers girl, cake flower, garland, aisle marker, garland, flower crowns, loose stems and any other new item offered by ENJOY FLOWERS® in the future.
- An initial sample of the decoration, when applicable.
- The costs associated with the shipment and delivery.
Other costs may apply if you require additional assistance in connection with the decoration of your wedding or event. In this case, we will engage an expert floral designer with the necessary qualifications to address your specific needs. We will send you a quote of all costs and fees related to this service and you may choose not to be charged with this service as part of the ENJOY FLOWERS® Wedding and Event Products. Otherwise and upon your approval, you will be charged for these costs and fees separately.
2. Standard Purchase
You will select this option if your intended purchase does not necessarily require the assistance of a sales representative (though such assistance is offered to you as part of our service). This option allows you to choose the ENJOY FLOWERS® Wedding and Event Products from a list of previously arranged alternatives. You will:
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- Navigate the Website and select a collection amongst the available preset options.
- Select your flower package size. You have the option of an intimate, regular, medium, large or extra-large package. Each size is defined in terms of the number of flower items.
- Place your order in the Website. This will require some information concerning payment options and delivery.
In case you have a specific requirement or additional assistance, you may send an email to weddingcustomerservice@enjoyflowers.com and a sales representative will address your inquiry no later than 48 hours following your request.
Please do remember that if you select this option, you will not be able to customize your ENJOY FLOWERS® Wedding and Event Products.
“List Price” means the retail price of all ENJOY FLOWERS® Wedding and Event Products published in our Website and available to be purchased under this option. We regularly check List Prices but you agree that the List Price or the price of an individual ENJOY FLOWERS® Wedding and Event Products published on our Website may vary from time to time.
3. Payment for Wedding and Event Products
Your payment for ENJOY FLOWERS® Wedding and Event Products will be charged upon your placement of an order on our Website. You must create a PayPal™ account or otherwise login with your credentials. You must provide a current, valid, accepted method of payment (such as a credit card) to purchase the ENJOY FLOWERS® Wedding and Event Products. You are responsible for maintaining your credit or payment method current at the time of purchasing any of the ENJOY FLOWERS® Wedding and Event Products.
We reserve the right to adjust pricing in our List Price for our ENJOY FLOWERS® Wedding and Event Products in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to our Products will take effect immediately.
We reserve the right not to move your order to enter the shipping process if your payment has not successfully settled. EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION ___ BELOW FOR CANCELLATION OF ORDERS, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
At any time, at our sole and absolute discretion, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers (“credits”). The provision of such credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under no circumstance shall be deemed a modification of these Terms of Use.
4. Shipment and Risk Loss
Shipments of the ENJOY FLOWERS® Wedding and Event Products typically occur at any time between 2 or 4 days prior to the wedding or event for which you require the Wedding and Event Products in light of the special nature and maintenance of the Wedding and Event Products. ENJOY FLOWERS® provides you with an estimated date of receipt of the shipment, however, these dates may be modified by the courier company that is an independent entity to ENJOY FLOWERS® and with respect to which ENJOY FLOWERS® does not assume any responsibility.
ALL PURCHASES OF WEDDING AND EVENT PRODUCTS FROM OUR SITE ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER. In any case, please refer to Section 14 below for information on refunds, replacements, and title.
5. Cancellation or Modification to Orders for Wedding and Event Products
PROVIDED your order has not entered the shipping process and notice is received by the ENJOY FLOWERS® Company at least 30 days prior to your scheduled delivery, you may cancel or request modifications to any order placed on our Website. In order to notify the ENJOY FLOWERS® Company of any cancellation or modification, you must send an email to the sales executive at the email address weddings@enjoyflowers.com for cancellation of modification of Assisted Purchases and to the email address weddingcustomerservice@enjoyflowers.com for cancellation or modification of Standard Purchases. In the event of cancellation, ENJOY FLOWERS® will contact you to arrange all necessary details to reimburse your payment subject to the terms and conditions below. This process may take up to 3 working days. In the event of modification, some additional charges may apply subject to the changes in your order. In this case, you will be required to make the relevant payment in the Website or otherwise ENJOY FLOWERS® will contact you to arrange all necessary details for you to make any additional payment.
We do not provide refunds or credits of any order that has entered the shipping process, or for which you are unavailable to receive your Wedding and Event Products. However, if you are scheduled to be out of the delivery address initially provided, you may change the delivery address for delivery of the Wedding and Event Products at any time, as long as such notice is provided to the ENJOY FLOWERS® Company at least 7 days prior to your scheduled delivery. Similarly, we do provide refunds or credits for any order that has not entered the shipping process, provided that you cancel the order in the Website subject to the following:
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- at least 30 days prior to your scheduled delivery, in which case ENJOY FLOWERS® will refund 80% the total price of your order of Products; and
- between 30 days and 8 days prior to your scheduled delivery, in which case ENJOY FLOWERS® will refund 70% of the total price of your order of Products.