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Carmel gardens

Terms & Conditions

TERMS AND CONDITIONS

Business Name: Carmel Gardens
Website: carmelgardensfloral.com and shop.carmelgardensfloral.com
Contact: hello@carmelgardensfloral.com

These Terms & Conditions govern your use of the Carmel Gardens website, online shop, inquiry forms, flower delivery services, floral subscription services, wedding and event floral services, and any related products or services offered by Carmel Gardens LLC.

By using our website, submitting an inquiry, placing an order, purchasing a product, booking a service, or otherwise engaging with Carmel Gardens, you agree to these Terms & Conditions and our Privacy Policy.

If you do not agree to these Terms, please do not use our website or purchase from us.

CONTACT US

For questions about these Terms and Conditions, please contact:

Carmel Gardens LLC
Email: hello@carmelgardensfloral.com
Phone: 831-293-9936

CHANGES TO THESE TERMS

We may update these Terms from time to time. Updates will be posted on this page.

Your continued use of our website, products, or services after changes are posted means you accept the updated Terms.




REFUNDS AND REPLACEMENTS

We want you to be happy with your flowers. If there is a problem with your order, please contact us within 24 hours of delivery at hello@carmelgardensfloral.com and include your order number, a description of the issue, and clear photos when applicable.

At our discretion, we may offer a replacement, partial refund, store credit, or other resolution.

Refunds and replacements are not guaranteed for:

  • Normal variation from product photos
  • Seasonal substitutions
  • Color differences
  • Incorrect delivery information provided by the customer
  • Recipient refusal or unavailability
  • Flowers left unattended after delivery
  • Damage caused by heat, sun, pets, children, handling, or lack of care after delivery
  • Complaints made more than 24 hours after delivery

WEATHER, HEAT, AND PERISHABLE PRODUCTS

Flowers, plants, orchids, and botanical products are perishable and affected by heat, cold, wind, sun, water, handling, and environmental conditions.

Once an order has been delivered, accepted, or left at the delivery location, Carmel Gardens is not responsible for damage, wilting, fading, or decline caused by weather, temperature, handling, lack of water, pets, children, or placement in unsuitable conditions.

For best results, flowers should be brought indoors promptly, kept away from direct sun and heat, and cared for according to any care instructions provided.




DELIVERY TIMING

We make reasonable efforts to deliver on the selected delivery date. However, exact delivery times are not guaranteed unless we have confirmed a timed delivery in writing.

Delivery timing may be affected by traffic, weather, road closures, gated communities, incorrect addresses, inaccessible properties, recipient availability, event schedules, staffing, or other circumstances outside our control.

You may include a preferred delivery time or delivery note at checkout, and we will do our best to accommodate it. Additional delivery fees may apply for timed delivery.

ELIGIBILITY

You must be at least 18 years old to place an order, submit an inquiry, enter into a contract, or purchase services from Carmel Gardens.

By using our website or purchasing from us, you represent that you are at least 18 years old and have the legal authority to enter into these Terms.

ABOUT CARMEL GARDENS

Carmel Gardens provides floral design services, including local flower delivery, plants, orchids, gifts, floral subscriptions, weddings, celebrations of life, corporate events, private events, and custom floral services.

We are based in Carmel Valley, California and serve clients throughout the Monterey Peninsula and surrounding areas, subject to availability.
RECIPIENT INFORMATION AND DELIVERY ACCESS

You are responsible for providing accurate and complete delivery information, including:

  • Recipient name
  • Delivery address
  • Recipient phone number, when possible
  • Gate codes or access instructions
  • Business, hotel, venue, or front desk details
  • Any special delivery notes

Carmel Gardens is not responsible for failed, delayed, or misdirected deliveries due to incorrect, incomplete, or inaccessible delivery information.

If we cannot complete a delivery because of an incorrect address, missing access information, recipient unavailability, refusal of delivery, or other issue outside our control, we may contact you for updated information. Additional delivery fees may apply for re-delivery.
WEBSITE INFORMATION

We make reasonable efforts to keep our website accurate and up to date. However, floral availability, pricing, product descriptions, delivery areas, delivery fees, and service offerings may change at any time.

We reserve the right to update, modify, suspend, or discontinue any part of our website, products, or services without notice.
PRODUCT IMAGES, FLOWERS, COLORS, AND VESSELS

All floral images on our website are examples of our style, palette, size, and general design approach. Because flowers are seasonal and perishable, exact flower varieties, colors, textures, vessels, and materials may vary.

We reserve the right to make thoughtful substitutions based on seasonality, freshness, quality, availability, weather, farm supply, and design judgment.

You are welcome to share preferences or special requests at checkout. We will do our best to honor them, but specific flower varieties, colors, vessels, or materials are not guaranteed unless confirmed by us in writing.

If a specific flower variety, color, vessel, or design detail is essential, please contact us before placing your order.
FLOWER DELIVERY ORDERS

Flower delivery orders are subject to availability, delivery area, product availability, and our delivery schedule.

We currently offer local delivery Monday through Friday, unless otherwise stated for a holiday, special event, or seasonal offering.

Delivery areas, delivery dates, fees, minimums, and availability may vary. We reserve the right to decline, cancel, or refund any order we are unable to fulfill.
RECIPIENT UNAVAILABLE

If the recipient is unavailable, we may, at our discretion:

  • Leave the order in a reasonably safe location
  • Leave the order with a front desk, concierge, neighbor, coworker, or property representative
  • Contact the sender or recipient for instructions
  • Attempt re-delivery for an additional fee

Because flowers and plants are perishable, we cannot guarantee freshness or condition after an arrangement has been left unattended or accepted by someone on the recipient’s behalf.






ORDER CHANGES

Requests to change an order, delivery date, delivery address, card message, product, or recipient information should be submitted as soon as possible by emailing hello@carmelgardensfloral.com.

We will do our best to accommodate changes, but changes are not guaranteed once an order is in production, out for delivery, or already delivered.




CANCELLATIONS FOR FLOWER DELIVERY ORDERS

Because our flowers are purchased, prepared, and designed specifically for each order, cancellation requests must be made in writing as early as possible.

Unless otherwise stated on a holiday or special-order product page:

  • Orders canceled at least 48 hours before the scheduled delivery date may be eligible for a refund, less any non-refundable processing fees or costs already incurred.
  • Orders canceled less than 48 hours before the scheduled delivery date may not be eligible for a refund.
  • Orders already designed, prepared, out for delivery, or delivered are not refundable.

Holiday orders, custom orders, sympathy orders, large orders, and special event orders may have stricter cancellation deadlines.
CARD MESSAGES AND CUSTOMER-PROVIDED CONTENT

You are responsible for the accuracy and content of any card message, gift note, delivery instruction, event information, or other content you provide.

We reserve the right to decline or remove messages that are abusive, threatening, discriminatory, unlawful, or otherwise inappropriate.

We are not responsible for typos, incorrect names, incorrect messages, or incomplete information submitted by the customer.
GIFTS, PLANTS, ORCHIDS, AND NON-FLORAL PRODUCTS

Gift items, orchids, plants, vessels, candles, cards, and other non-floral products are subject to availability and may vary from photos.

If an item is unavailable, we may offer a substitution of equal or greater value, contact you for instructions, or refund that portion of the order.

Plant and orchid longevity varies based on environment and care. We do not guarantee the life span of plants or orchids after delivery.
WEDDINGS AND EVENTS

Wedding, event, corporate, elopement, wedding a la carte, celebration of life, and custom floral services may require a separate proposal, contract, invoice, payment schedule, retainer, and event-specific terms.

Submitting an inquiry does not reserve your date. A date is not officially booked or held unless and until Carmel Gardens has received all required booking items, which may include a signed agreement and required payment.

Proposal pricing, floral availability, labor needs, delivery fees, installation fees, strike/breakdown fees, taxes, and other costs may change until a contract is signed and payment is received.

If there is a conflict between these website Terms and a signed wedding, event, corporate, or custom floral agreement, the signed agreement will control for that specific event or service.
FLORAL SUBSCRIPTIONS AND RECURRING SERVICES

Carmel Gardens may offer recurring floral services for homes, offices, hospitality spaces, restaurants, retail locations, wineries, corporate spaces, and private residences.

Subscription details may vary by client and may include weekly, bi-weekly, monthly, seasonal, or custom delivery schedules.

Subscription terms, pricing, delivery frequency, cancellation policy, payment schedule, and service details will be provided at the time of purchase, proposal, invoice, or agreement.

If a subscription is billed automatically, you authorize Carmel Gardens or its payment processor to charge your payment method according to the subscription terms you accepted.

You may cancel or modify a recurring floral subscription by emailing hello@carmelgardensfloral.com,  subject to the cancellation terms provided with your subscription.

Unless otherwise stated in a separate written agreement:

  • Subscription changes require at least 7 days’ written notice.
  • Subscription cancellations require at least 14 days’ written notice.
  • Orders already purchased, sourced, designed, or scheduled may not be refundable.
  • Skipped deliveries, pauses, or changes are subject to availability and our production schedule.

If you accept an automatic renewal or recurring subscription online, cancellation instructions will be provided in your order confirmation or subscription acknowledgment.
EVENT DESIGN, SUBSTITUTIONS, AND CREATIVE DISCRETION

For weddings and events, floral designs are based on the agreed color palette, style direction, season, budget, venue, and design goals.

Specific flower varieties, colors, sizes, and materials may vary based on seasonality, weather, quality, farm availability, market conditions, and design judgment.

Carmel Gardens reserves the right to make substitutions as needed to maintain the quality, integrity, and overall design direction of the event.
EVENT RENTALS, VESSELS, AND INSTALLATIONS

Certain vessels, stands, mechanics, structures, candles, containers, or decor items may be rented or provided for event use only.

Rental items remain the property of Carmel Gardens unless otherwise stated in writing. Clients are responsible for loss, damage, breakage, or failure to return rental items.

Installation, repurposing, breakdown, strike, retrieval, venue access, parking, load-in/load-out requirements, and labor needs may affect pricing and must be confirmed in advance.
CLIENT, VENUE, AND VENDOR RESPONSIBILITIES

For weddings, events, and recurring accounts, the client is responsible for providing accurate and timely information, including but not limited to:

  • Venue name and address
  • Event date and timeline
  • Planner or vendor contact information
  • Access instructions
  • Parking and loading details
  • Installation and breakdown windows
  • Table counts and floor plans
  • Final guest counts
  • Venue rules and restrictions
  • Fire, candle, insurance, and installation restrictions
  • Any changes that may affect floral design, labor, delivery, or logistics

Carmel Gardens is not responsible for delays, added costs, design changes, or incomplete services caused by missing, inaccurate, or late information.
PAYMENTS, PROCESSING, AND FEES

All prices are listed in U.S. dollars unless otherwise stated.

We reserve the right to update prices, delivery fees, service fees, product offerings, and minimums at any time.

Online orders must be paid in full at checkout unless otherwise stated.

Wedding, event, corporate, subscription, and custom floral services may require retainers, deposits, progress payments, final payments, or automatic payments according to the applicable proposal, invoice, or agreement.

Orders and services may be paused, canceled, or withheld if payment is not received when due.
TAXES

Applicable taxes will be added where required by law.
PROMOTIONS, DISCOUNTS, AND GIFT CARDS

Promotions, discounts, coupon codes, credits, and gift cards are subject to the terms stated at the time they are offered.

They may not be combined, transferred, redeemed for cash, or applied retroactively unless expressly stated.

We reserve the right to modify or cancel promotions at any time.
THIRD-PARTY PLATFORMS AND PAYMENT PROCESSORS

Our website, online shop, checkout, inquiry forms, payments, email marketing, contracts, scheduling, and other business operations may be supported by third-party platforms.

These may include website platforms, ecommerce platforms, payment processors, client management systems, scheduling tools, analytics tools, and other service providers.

Your use of third-party platforms may also be subject to their own terms and privacy policies.

Carmel Gardens is not responsible for third-party platform outages, errors, delays, payment processing issues, or service interruptions.
INTELLECTUAL PROPERTY

All website content, floral designs, copy, photographs, videos, graphics, logos, branding, layouts, and other materials owned or created by Carmel Gardens are protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, publish, sell, or use our content, images, floral designs, branding, or materials for commercial purposes without our prior written permission.

You may share our content on social media if proper credit is given and the content is not altered, misrepresented, or used in a misleading or commercial manner.
PHOTOGRAPHY AND PORTFOLIO USE

Unless otherwise agreed in writing, Carmel Gardens may photograph its own floral work and use images of flowers, installations, arrangements, events, and designs for portfolio, website, social media, marketing, editorial, educational, and promotional purposes.

For weddings and private events, we make reasonable efforts to avoid sharing sensitive personal information and will follow any privacy restrictions agreed to in writing.
REVIEWS AND TESTIMONIALS

If you submit a review, testimonial, comment, photo, or other feedback, you grant Carmel Gardens permission to use, reproduce, edit, publish, and display that content for marketing, website, social media, and promotional purposes.

We may use your first name, initials, business name, event type, or general location unless you request otherwise.
PROHIBITED USES

You agree not to use our website, forms, checkout, or services for unlawful, abusive, fraudulent, harmful, or disruptive purposes.

You may not:

  • Submit false or misleading information
  • Interfere with website security or functionality
  • Attempt unauthorized access to our systems
  • Copy, scrape, or misuse our website content
  • Use our website or services to harass, impersonate, threaten, or harm others
  • Violate any applicable law or regulation
DISCLAIMER OF WARRANTIES

Our website, products, and services are provided on an “as available” basis.

We make reasonable efforts to provide beautiful, high-quality floral products and services, but we do not guarantee that our website will be uninterrupted, error-free, or free from viruses or harmful components.

Because flowers and plants are natural, seasonal, and perishable, we do not guarantee exact appearance, longevity, color, variety, or performance after delivery or installation.
LIMITATION OF LIABILITY

To the fullest extent permitted by law, Carmel Gardens LLC will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of our website, products, or services.

Our total liability for any claim related to a flower delivery order will not exceed the amount paid for that specific order.

For weddings, events, subscriptions, corporate services, or custom floral services, liability will be limited as stated in the applicable written agreement, proposal, invoice, or contract.
INDEMNIFICATION

You agree to indemnify and hold harmless Carmel Gardens LLC, its owners, employees, contractors, freelancers, service providers, and affiliates from any claims, damages, losses, liabilities, costs, or expenses arising from your violation of these Terms, your misuse of our website, your submitted information, or your violation of any law or third-party right.
FORCE MAJEURE

Carmel Gardens is not responsible for failure or delay in performance caused by events outside our reasonable control, including but not limited to severe weather, natural disasters, fire, flood, road closures, power outages, labor shortages, illness, injury, supply shortages, farm failures, transportation delays, accidents, government restrictions, venue restrictions, emergencies, or other circumstances beyond our control.

In such cases, we may make substitutions, adjust designs, reschedule services, provide a refund where appropriate, or offer another reasonable solution depending on the circumstances.
GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Any dispute arising from these Terms, our website, or our services will be handled in Monterey County, California, unless otherwise required by law or stated in a separate written agreement.
DISPUTE RESOLUTION

If you have a concern or dispute, you agree to contact us first at hello@carmelgardensfloral.com
 so we can try to resolve the matter informally.

For any unresolved dispute, the parties may be required to resolve the matter through binding arbitration or another dispute resolution process, subject to applicable law and any separate written agreement between the parties.

Any arbitration, class action waiver, jury trial waiver, or limitation of claims provision should be reviewed by an attorney before use.