TERMS AND CONDITIONS

It is a buyer's responsibility to check the ingredients contained in all our food products and make sure you and all other people, who will be consuming our food products purchased by you, have no allergies to the ingredients contained in our products!

Some flowers and foliage fillers can be harmful if consumed by humans or pets. It is a buyer's responsibility to make sure that neither people nor pets consume any parts of our flower arrangements. Exercise extreme caution when children are present in the home/office!

 

Agreement between user and freshbreadandflowers.com

Welcome to freshbreadandflowers.com. The freshbreadandflowers.com website (the "Site") is comprised of various web pages operated by or on behalf of Fresh Bread and Flowers. For the purposes of these terms and conditions, “we”, “our” and “us” refers to Fresh Bread and Flowers and “you” and “your” refers to you, the client, website user or website visitor. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

Orders and Delivery

freshbreadandflowers.com is an E-Commerce Site. We offer bread and flowers delivery subscription for Fresno/Clovis, CA.

Our normal hours of delivery are Mondays 8am-4pm for offices and Fridays 11am-6pm for residential customers, excluding public holidays. There are several weeks in a year during which we are not able to deliver orders. Should your delivery date fall on such a week we will contact you about that. All bread and flowers subscription deliveries will start one week after you place your order unless we contact you and offer an earlier start date.

For any specific order requirements such as a faster delivery time you should contact us directly by phone or email. We cannot guarantee a specific delivery time but we will make every effort to fulfill your request.

It is your responsibility to enter the correct delivery address at the time of your order. If the delivery details you provide are incorrect, you will be required to pay a redirection fee of $20.

Due to the delicate nature of the products we deliver we prefer not to leave them at your front door. The recipient must be at the specified location to accept the order.

We are not responsible if the recipient is not at the address that has been provided at the time of order. You need to make sure you or the recipient of your order is home/at the office at the time of the delivery.

We will try our best to contact both you and your recipient before delivering your order. Should you require your order to be redelivered or redirected, we have the right to charge you an additional redirection or redelivery fee.

Our Products

We value our customers and we will make every attempt to deliver the best products available. Our bread is delivered the same day it is baked to ensure you get the freshest product possible. For optimal storing practices please refer to our Frequently Asked Questions page.

The flowers we deliver are seasonal. We cannot guarantee availability of the particular kinds/colors but will do our best to accommodate your requests. In general, fresh flowers have a vase life of 3-7 days depending on the flower variety. To maximize the life of our products, flowers should be kept at the room temperature not exceeding 78F and avoiding freezing temperatures. You should monitor the water level and add more cool water if needed.

Prices

Prices for products displayed on our website are current at the time of display. These prices may be subject to variation without notice. Shipping fee is $5 for each delivery and it is waived if you subscribe for both bread and flower delivery service. On payment all prices are final. All prices quoted include tax (where required) and are in US dollars.

Orders will not be sent until full payment is made.

Cancellation

If you wish to cancel your order, we require at least 24 hour notice before the date of delivery for a full refund. If some part of your subscription has been already previously delivered, the refund amount will be prorated.

Any orders cancelled after payment has been processed will incur a 25% processing fee of the total cost of your order.

Refunds and Returns

In the unlikely event that you are not satisfied with the products you have received from us, please contact us immediately but at the latest within 12 hours of delivery. Depending on the circumstance, we may offer you a store credit, exchange or refund. You must provide evidence of any faulty products (such as a photo).

We take all reasonable steps to ensure the longevity of your product. We do not take responsibility if our products are damaged due to your/your guests negligence.

Privacy

Your use of our Site is subject to Fresh Bread and Flowers' Privacy Policy.
We are committed to protecting your privacy. We use the information we collect about you to provide the products you have ordered. We respect the privacy and confidentiality of the information provided by you and we comply with the privacy laws in California. You may change your personal details at any time by advising us in writing via email. We do not and will not sell your personal information. We may however use your information on an anonymous basis to create marketing statistics, identify user demands and assist in meeting customer's needs. In addition, we may use the information you provide to improve the Site and its services but not for any other use.

 

Electronic Communications

Visiting the Site or sending emails to Fresh Bread and Flowers constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Fresh Bread and Flowers does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our Site only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

freshbreadandflowers.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under control of Fresh Bread and Flowers and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fresh Bread and Flowers is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fresh Bread and Flowers of the site or any association with its operators.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a permission to access and use our Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Fresh Bread and Flowers that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Fresh Bread and Flowers or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fresh Bread and Flowers content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fresh Bread and Flowers and the copyright owner. You agree that you do not acquire any ownership rights in any of the Site's content. We do not grant you any licenses, express or implied, to the intellectual property of Fresh Bread and Flowers or our licensors except as expressly authorized by these Terms.

 

International Users

The Site is controlled, operated and administered by Fresh Bread and Flowers from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fresh Bread and Flowers Content accessed through freshbreadandflowers.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Fresh Bread and Flowers, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

 

Liability Disclaimer

It is solely your responsibility as a buyer to check the ingredients contained in all our food products and make sure you and all other people, who will be consuming our food products purchased by you, have no allergies to the ingredients contained in our products. Fresh Bread and Flowers shall not be liable for any damages arising from allergic reactions to our products.

Some flowers and fillers can be harmful if consumed by humans or pets. It is solely your responsibility as a buyer to make sure that neither people nor pets consume any parts of our flower arrangements. Exercise extreme caution when children are present in the home/office! Fresh Bread and Flowers shall not be liable for any damages arising from allergic reactions to plants in our flower arrangements and/or for any damages arising from consuming plants contained in our flower arrangements.

We are not responsible for any loss or damage you suffer in relation to your use of the website and purchase of any of our products.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FRESH BREAD AND FLOWERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FRESH BREAD AND FLOWERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRESH BREAD AND FLOWERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH BREAD AND FLOWERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRESH BREAD AND FLOWERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Fresh Bread and Flowers reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fresh Bread and Flowers as a result of this agreement or use of the Site. Fresh Bread and Flowers' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fresh Bread and Flowers' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fresh Bread and Flowers with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fresh Bread and Flowers with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fresh Bread and Flowers with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Fresh Bread and Flowers reserves the right, in its sole discretion, to change the Terms under which freshbreadandflower.com is offered. The most current version of the Terms will supersede all previous versions. Fresh Bread and Flowers encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Fresh Bread and Flowers welcomes your questions or comments regarding the Terms:

Email Address:

freshbreadandflower@gmail.com

 

Effective as of October 1, 2017

© 2017 by Fresh Bread and Flowers