Terms of service
Intellectual Property: evergreenflowers.co is owned and operated by us and ALL RIGHTS are RESERVED. Unless otherwise specified, all site content is the sole property of Evergreen Modern Flowers, LLC. All features, materials, information, content, text, site design, graphics, logos, icons, images, and software appearing on or offered on our site, including our current and future products and services, the ability to order products and services, and newsletters and promotional emails, are considered intellectual property. All site content is protected by the U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
Restrictions on Use of Material: Only if you obtain prior written consent from EMF, and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from our site. To seek our permission, you may write to us at orders@evergreenflowers.co. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the site.
Sales: By placing an order on evergreenflowers.co, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, or delivery fees) and agree to the terms, restrictions, and conditions of the purchase as of the time you submitted the order. Unless you and EMF (Evergreen Modern Flowers) have agreed to an alternate billing arrangement in writing, signed by EMF, we will automatically bill the credit card submitted as part of the order process for such price. After placing your order, you will receive a confirmation email when received, accepted, and once your order is delivered. All purchases are non-refundable.
Sales Tax: Sales taxes are not included in the price of the products. We will automatically charge the applicable sales tax for orders placed through our website at checkout.
Delivery: Free deliveries are for arrangements with a minimum order price of $65.00, and within a 10 mile radius from the EMF studio. If we get to the delivery address and no one answers, we will leave a note stating that a perishable item is available for collection at our studio. We can only make one complimentary delivery attempt for each order. The purchaser must agree that the flower delivery details and address that he/she provided as point of delivery and billing is truthful and correct. Please allow a minimum 24 hour notice for floral delivery Monday through Friday.
Delivery Area: At this time via our website, EMF can provide flower delivery service within a 10-mile radius of our studio in Peachtree City. The delivery is complimentary when meeting guidelines outlined at checkout. For deliveries ranging from 10.1-15.0 miles distance from our studio, an additional $15.00 extended delivery fee will be charged. Please email us directly at orders@evergreenflowers.co to place orders outside of our extended delivery area that are not accepted online. Restrictions and fees apply.
Hospital Deliveries: When placing your order, be sure to include the hospital name, address, and telephone number; the name of the recipient; and the room number or ward of the recipient. We will send your arrangement in accordance with facility procedures. Please note that ICU patients are not permitted to receive flowers.
Multiple Arrangements: If you would like to order multiple arrangements (for an event, business, or company collective purchase), rather than using our website, please email us to inquire about availability for your desired date. We will try to accommodate as many requests as possible.
Quality Policy: Flower arrangements are unique, handmade and highly perishable. No two are ever identical. While minor variations are sometimes necessary, the concept and value of the items ordered is always guaranteed.
Weekend Online Orders: While our brick-and-mortar is closed on Saturday and Sunday, our website is open 365 days a year. Please keep in mind that orders placed on Saturday or Sunday will not be fulfilled until regular business hours, and in the order they were received.
Express Orders: A $20.00 express fee must be purchased for same day pick-up or delivery. Pick up will be confirmed via email no later than 3 hours after order is placed. Business hours: Monday - Friday 10am-5pm; Saturday & Sunday, by appointment only.
Contracts: Weddings, Events, & Installations: a legally-binding contract must be signed in order for services to be rendered, in addition to agreeing to these forgoing Terms of Service.
Incorrect Address: If the address specified by the client is incorrect, Evergreen Modern Flowers has the right to charge the customer the full amount of the purchase.
High Season: Same-day or next-day pick-up is not possible during peak season such as Valentine’s Day, Father’s Day, Mother’s Day, Easter, Prom, Christmas & New Year. You must order ahead of time or select from Grab and Go.
Products and Images: Products only contain the items listed in the product description. Vases and other items are not included unless stated in the product description and are only used for display purposes. Product photos of flower bouquets never represent actual size. Product photos are a representation of the arrangements and may vary (see Substitution Policy below).
Allergies: You must advise us when placing the order for flowers if the end-recipient has any allergies to particular types of flowers. If you do not do so, then we will not be able to take any allergies into account when supplying our products, and cannot be held liable for any allergic reactions and any health scenario arising from floral allergies.
Fraud: Credit card fraud will be reported to the proper authorities and dealt with accordingly.
Anonymous Sender: It is against our policy to send flowers anonymously.
Contact: EMF has the option to contact the customer to correct any mistakes in the order details inputted by the client but is under no lawful obligation to do so.
Order Changes: To change your order, please contact us. Changes can only be made two business days or more prior to the scheduled pick-up or delivery date.
Payment Processing Issues: If you provide us with incorrect or invalid credit card or payment information, we cannot process your order. We will attempt to contact you to resolve the issue, but you will be responsible for any issues arising as a result thereof.
Cancellations: Cancellations for a full refund are allowed if made three (3) business days or more prior to the scheduled delivery date. If an order is cancelled one to two (1-2) business days prior to the delivery date, no refund will be issued, only store credit will be given.
Refunds: Our policy is that there are no refunds (given your order did not meet the cancellation guidelines).
Substitution Policy: In some cases, we may not have some items referenced in the product description in stock, careful substitutions of equal or greater value will be necessary. In those cases we will make a substitution. Evergreen Modern Flowers reserves the right to alter or modify order specifications to conform to its store policies.
Vases: Although we attempt to use vases of similar size and design as those represented in the photos on our site, EMF reserves the right to use any appropriate vases within our inventory to fulfill orders. Vases are not toys and not suitable for children's use.
Electronic Communications: The communications between you and EMF (whether you visit the website and/or send us an email communication, or whether we post notices on the website or communicate with you via email), are considered electronic. For contractual purposes, you (a) consent to receive communications from EMF in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that EMF provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Invalid Provisions: The Terms of Service and Privacy Policy, as amended from time to time, constitute the entire agreement (the “Agreement”) between you and EMF. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination: We may change or discontinue the website or any of the services at any time without prior notice. We reserve the right to terminate this agreement at our election and for any reason, without prior notice, and this agreement will automatically terminate in the event that you violate any of the terms and conditions set forth. In the event of any termination, you will immediately cease access to the site and our services. Any order issued prior to termination will be honored according to its terms and conditions.
Unsolicited Materials: In operating this website, we do not solicit, nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
Constitutional Right to Refuse Service: Evergreen Modern Flowers, LLC is a privately owned business, and its owner(s) have the right to refuse service or turn away a customer to protect their patrons and business. We reserve the constitutional right to impose service refusal on potential customers as long as refusal is not discriminatory.
Indemnity: You agree to indemnify and hold harmless Evergreen Modern Flowers, LLC, parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents, and representatives of each of them, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your access to or use of the Service; (ii) your violation of the Terms of Service; (iii) the infringement by you, or any third party using your account, of any intellectual property, copyright infringement, property, or privacy right; or (iv) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of EMF.
Warnings: 1) Flowers, foliage, floral foam, chicken wire, flower food water (liquids) and any other material or mechanic used to create an arrangement are not for human or animal consumption and we cannot be held liable for any damages incurred as a consequence of consumption. 2) You must advise us when placing the order for flowers if the recipient has any allergies to particular types of flowers. If you do not do so then we will not be able to take any allergies into account when supplying the products. 3) We do not accept responsibility for: a. Any use of this website which is illegal or prohibited by laws which apply to you; b. Any interference or damage to your own computer which arises in connection with your use of this website; c. Losses you may sustain due to unauthorized access to or alteration of your transmissions or data or of information contained on your computer or on this website; or d. Malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.