Welcome to Enjoyflowers .com!
We are a subscription service that provides our subscribers with access to beautiful fresh flower bouquets and bunches delivered regularly to their homes or offices (the “Service”).
The Service made available here is provided by Enjoy Flowers, LLC located at 881 Ocean Drive, Suite 6F, Key Biscayne, Florida 33149. This is the entity with whom you are entering into this agreement.
3. THE ENJOY FLOWERS™ ACCOUNT
As a registered user of the ENJOY FLOWERS™ Service, you will need to establish an account in order to use and/or receive our Service. To protect your ENJOY FLOWERS™ account, you will be prompted to set up a password. Choose a strong password and keep your password confidential. You are responsible for maintaining the confidentiality of your ENJOY FLOWERS™ account, for all activity that happens on or through your ENJOY FLOWERS™ account, and for restricting access to your computer(s) or device(s). If you learn of any unauthorized use of your password or ENJOY FLOWERS™ account, contact us immediately.
You may not create multiple or fake accounts with Enjoy Flowers using multiple or fake email addresses or identities. There must be only one Enjoy Flowers account per customer. If Enjoy Flowers reserves the right, in its sole discretion, to cancel your account if it concludes that these terms have been violated.
ENJOY FLOWERS™ subscription 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:
1. Select your flowers assortment. You will select whether you would like a bouquet ready for vase or farm (do-it-yourself) selection.
2. Select the size of your flower assortment. You have the option of a regular, medium, or large assortment. Each size is defined in terms of the number of stems.
3. Select the frequency of your delivery. You have the option of receiving your ENJOY FLOWERS™ bouquet twice (2) per month or once (1) per month.
4. Select your payment plan. You have the option of a monthly subscription, 3-month subscription, 6-month subscription, or 12-month subscription.
Your ENJOY FLOWERS™ Service payment will be based upon your subscription and will be charged on the anniversary of your subscription date accordingly. Your ENJOY FLOWERS™ 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™ Service payment will be for three (3) months of 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™ 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.
Shipments of the ENJOY FLOWERS™ Service flowers occur every week on Tuesdays with arrival to subscribers anticipated on Thursdays.
Once your ENJOY FLOWERS™ 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 twice (2x) per month, 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 your payment method and user information by visiting our website and clicking on the [Login] link, available at the top of the page of the website. 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.
5. REFERRAL PROGRAM
Enjoy Flowers Referral Program
ENJOY FLOWERS™ may, from time to time, offer its customers the opportunity to refer friends to the Enjoy Flowers services (“Enjoy Flowers Referral Program”). We reserve the right to terminate the Enjoy Flowers Referral Program at any time for any reason.
All rewards and other incentives provided to customers eligible to participate in the Enjoy Flowers Referral Program are subject to the terms set forth herein, which may change from time to time, and by participating in the Enjoy Flowers Referral Program you agree to be bound by such terms.
Enjoy Flowers Referral Program Participation, Generally
To participate, visit here and follow the on-screen instructions to refer friends, family members or colleagues to the Service. Customers who make a Qualified Referral are called “Referrers.” Individuals who receive a referral are called “Referred Customers.” An “eligible” Referrer who is fully compliant with these terms and conditions will receive one “Reward” for each “Qualified Referral.”
To be an “eligible” Referrer you must be: (1) a current Enjoy Flowers customer; and (2) fully compliant with Enjoy Flower’s terms and conditions of service.
Making a Referral
You must register and make a purchase to make a referral. When you refer someone, you will be provided with a unique referral link (“Personal Link”) that allows you to receive credit for Qualified Referrals. Personal Links will be issued only to individuals. You may not refer yourself nor anyone in your household. Enjoy Flowers has the unilateral right to determine eligibility for our referral program.
A Qualified Referral means that all the following conditions are met:
1) The Referred Customer completed the registration process with the Service using the “Personal Link” and placed one or more purchases from Enjoy Flowers. The Referred Customer must utilize the Personal Link to register or effectuate the purchase with the Service in order for the registration and purchase to count as a Qualified Referral; and
2) The Referred Customer has not previously been registered with the Service under any email address or alias.
You shall receive one (1) Free Complimentary Bouquet commercially valued at $40 for each verified Qualified Referral generated by you.
You may choose between receiving the Free Complimentary Bouquet for yourself or as a gift for a loved one. It will be sent automatically to the address designated by you.
Bulk Distribution (“Spam”)
Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” is expressly prohibited and may be grounds, at Enjoy Flower’s sole discretion, for immediate termination of your account and deactivation of the Personal Link.
Additional Terms, Conditions, Exclusions, and Restrictions (“Spam”)
Rewards accumulated under the Enjoy Flowers Referral Program have no monetary or cash value and are for individual use only and Rewards may not be credited to any group, company, or other entity. Your Rewards and your account under the Enjoy Flowers Referral Program are personal to you and may not be sold, transferred or assigned to, or shared with other third parties. We reserve the right (in our sole discretion) to deduct Rewards that were credited in error or that were not earned legitimately. Redeemed Rewards will be deducted from the balance of Rewards in your account. Once a Reward is issued, redemption is considered final, and no changes may be made by you. Rewards are not reimbursable. Participation in the Enjoy Flowers Referral Program and the receipt of Rewards may result in tax liability to you. Any tax, liability, or expense arising from participation in the Enjoy Flowers Referral Program, accumulation of Rewards or redemption of Rewards by you or in connection with your account is your sole responsibility. We reserve the right to modify, limit, terminate, discontinue, or cancel the Enjoy Flowers Referral Program, its benefits and these terms at any time in our sole discretion and without notice to you. We may change the number or type of Rewards, or cap the number of Rewards you may earn in any time period. Enjoy Flowers does not deliver to Alaska, Hawaii nor Puerto Rico. You agree Enjoy Flowers will not have any liability for any modification or termination of the Enjoy Flowers Referral Program. We reserve the right to monitor all Enjoy Flowers Referral Program account activity and terminate your account and/or your participation in the Enjoy Flowers Referral Program if Enjoy Flowers believes (in its sole discretion) that this Agreement or any other terms applicable to the Enjoy Flowers Referral Program, have been violated.
By starting your ENJOY FLOWERS™ Service subscription and providing or designating a credit card or other payment method, you authorize us to charge you a 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™ 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.
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 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™ 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 Service-related charges. You may review and edit your ENJOY FLOWERS™ billing information by visiting our website and clicking on [specify].
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to receive our Service through the end of your current billing period.
You may cancel your ENJOY FLOWERS™ subscription 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™ 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 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 Service at any time, as long as such notice is provided to ENJOY FLOWERS™ at least fourteen (14) 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.
8. ELECTRONIC COMMUNICATIONS
When you use the ENJOY FLOWERS™ Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by sending you e-mails to the address provided during registration or by posting notices on or through the Enjoy Flower Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also consent to receiving other types of communications from us, such as newsletters, special offers, promotional announcements and customer surveys via email or other electronic methods.
9. INTELLECTUAL PROPERTY
All content included in or made available through the ENJOY FLOWERS™ Service, such as text, graphics, logos, photos, videos, button icons, images, audio clips, digital downloads, data compilations and audio content, is the intellectual property of ENJOY FLOWERS™ or its content suppliers and protected by United States and international copyright laws. The compilation of all content accessible through the ENJOY FLOWERS™ Service is the exclusive property of ENJOY FLOWERS™ and protected by U.S. and international copyright laws.
ENJOY FLOWERS™, Enjoyflowers.com, and other graphics, logos, page headers, button icons, scripts, and service names included in, made available, displayed, marketed, and/or advertised through the ENJOY FLOWERS™ website are trademarks, registered trademarks, or trade dress of ENJOY FLOWERS™ in the United States and other countries. The ENJOY FLOWERS™ trademarks and trade dress may not be used in connection with any product or service that does not belong to ENJOY FLOWERS™, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ENJOY FLOWERS™. You may not use any ENJOY FLOWERS™ logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from ENJOY FLOWERS™. All other trademarks not owned by ENJOY FLOWERS™ that appear in this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ENJOY FLOWERS™.
10. USE OF INFORMATION SUBMITTED
ENJOY FLOWERS™ can and will use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to this website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ENJOY FLOWERS™’ service.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ENJOY FLOWERS™ provides its Service using a commercially reasonable level of skill and care and our goal is that you enjoy what we have to offer.
ENJOY FLOWERS™ guarantees that our fresh flower assortment will stay fresh for seven (7) calendar days after delivery. If the flowers perish before seven days, please send a photo of the flowers, along with your name and order number to email@example.com within ten (10) calendar days from the initial delivery, and Enjoy Flowers will ship a replacement of the same or similar product (depending on availability) as soon as practical.
If your flower arrangement arrives damaged, Enjoy Flowers will provide a replacement as soon as possible. Send us a photo of the damaged flowers within (4) calendar days after delivery with your name and order number to firstname.lastname@example.org. Upon receipt Enjoy Flowers will deliver a replacement floral or plant arrangement as soon as practical.
Our fresh flowers assortments are not edible or otherwise suitable for human or animal consumption. Eat them at your own risk.
There are certain things that we don’t promise or warrant concerning our Service or products: OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ENJOY FLOWERS™ NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE”.
UNDER NO CIRCUMSTANCES SHALL ENJOY FLOWERS™, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE PRODUCTS, SERVICES OR THIS WEBSITE, BE LIABLE FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, NON-DELIVERY OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ENJOY FLOWERS™’ RECORDS, PROGRAMS, OR SERVICES; (ii) THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ENJOY FLOWERS™ SERVICE WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO ENJOY FLOWERS™ DURING YOUR SUBSCRIPTION MEMBERSHIP TO THE SERVICE.
UNLESS OTHERWISE SPECIFICALLY STATED TO THE CONTRARY, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. VOID WHERE PROHIBITED.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ENJOY FLOWERS™ SERVICE IS TO TERMINATE THE AGREEMENT AND STOP USING THE SERVICE SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
12. GOVERNING LAW & ARBITRATION
ENJOY FLOWERS™ operates from its offices within the United States of America. ENJOY FLOWERS™ makes no representation that its service or content is appropriate or available for use in other locations.
You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), delivery, use of or sale of any and all products and services of ENJOY FLOWERS™ and its affiliates or agents, through all merchandising channels, including but not limited to, the internet, telephone, catalog, radio, television, and mobile device or the content provided in this website (collectively referred to as "Claims"), shall be governed by the substantive laws of the State of Florida without regard to its conflict of laws principles and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of competent jurisdiction over the Claim and the parties.
You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA; and (ii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief.
THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT (WITH THE EXCEPTION OF SMALL CLAIMS COURT AS PROVIDED HEREIN) AND NO RIGHT TO A JURY TRIAL.
Your claim shall be arbitrated on an individual basis, and neither party shall have the right to participate in a representative capacity, or as a subscriber of any class of claimants pertaining to any Claim subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the Claims of other persons or parties who may be similarly situated and may only resolve Claims, and render awards between you and the Company and its Affiliates alone.
If any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org.
Notwithstanding these provisions, you may elect to bring your Claim in a state small claims court of competent jurisdiction over the Claim and the parties.
14. Entire Agreement