Limited Time Only. Free Delivery Coupon!

Avas Flowers Terms of Service

  1. 1. Legally Binding Contract
  2. 2. General Provisions Applicable To All Users
  3. 3. Using Our Website
  4. 4. Registering For And Using An Account
  5. 5. Submitting Content To Our Website
  6. 6. Ordering And Purchasing Flowers And Other Products
  7. 7. Delivery Policy
  8. 8. Service Fee
  9. 9. Rush Order Request Service Fee
  10. 10. Sales Tax
  11. 11. Substitution Policy
  12. 12. Cancellations
  13. 13. Avas Flowers Satisfaction Commitment, Cancellation, Returns, And Refunds Policy
  14. 14. Copyright And Trademarks
  15. 15. Notice And Procedure For Making Claim Of Copyright Or Other Intellectual Property Infringement
  16. 16. Indemnification
  17. 17. Disclaimers And Limitations Of Liability
  18. 18. Governing Law And Arbitration
  19. 19. Alcohol Policy
  20. 20. California Proposition 65 Warning
  21. 21. SMS Text Messaging Opt-in Information

Welcome to the Avas Flowers website. We're glad you're here. Our website is one of the main ways that we interact with our customers, and as such, there are legal ramifications to your use of the website and our services. These Terms of Service (hereinafter, the "Agreement") state the terms and conditions that govern your use of this website and our other services.

1. Legally Binding Contract

The first thing you should know is that this Agreement constitutes a legally binding contract between you and Avas Flowers. Our official company name is Avas Management Services, Inc., but we operate under the name Avas Flowers. Hereinafter, whenever we use the terms "Avas Flowers," "We," "Us," or "Our," please note that we are referring to Avas Management Services, Inc. d/b/a Avas Flowers.

We are located in Newark, Delaware, but we operate nationwide by working with local florists. We also often use FedEx and UPS for delivery, which we will cover in more detail below.

This Agreement applies to your use of this website as well as any services we provide, such as selling and delivering flowers and other products.

Because we also collect information from you with this website, we also have a Privacy Policy that is expressly incorporated into this Agreement. You can see our Privacy Policy here (Privacy Policy), and it may be updated at any time. You agree to this Agreement by doing any one of the following:

1. Using, accessing, or viewing this website; 2. Registering for and using an online account through this website; 3. Submitting content, such as product reviews, to us for publication; 4. Ordering or purchasing flowers, balloons, chocolates, baskets, food, and other products or the delivery of the same from us.

Please read this Agreement carefully. If you do not agree to this Agreement, you may not access or otherwise use this website or purchase products or services from us.

2. General Provisions Applicable To All Users

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on this website. Such changes shall only be effective after posting such notice.

You agree that there are no third-party beneficiaries to the Agreement.

This Agreement constitutes the entire agreement between Avas Flowers and you with respect to your use of this website and any transaction with Avas Flowers, such as the purchase of flowers or other products or services (all of which are sometimes jointly referred to as "Products" or individually as a "Product") and this Agreement is governed by the laws of Delaware. Any cause of action you may have with Avas Flowers, including but not limited to claims for breach of contract or relating to claims related to certain representations, must be commenced within two (2) years after the claim or cause of action arises and will be subject to mandatory arbitration. Section 17, below, requires mandatory arbitration in certain circumstances and provides that you consent to the jurisdiction and venue of the Superior Court ofDelawarefor certain claims made by Avas Flowers. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Avas Flowers disclaims any and all responsibility for content contained in any third party materials provided through links from this website.

3. Using Our Website

To use, view, or access this website, you must be at least thirteen (13) years old.

When you access, view, or use this website, you agree to the terms of this Agreement.

With the exception of Google, Yahoo!, Bing, AOL, and Ask, you agree that you will not use any spider, crawler, robot, or other computer program to copy or index this website or any content contained therein in any way.

We may change, suspend, or discontinue any aspect of this website at any time, including the availability of any website feature. We may also impose limits on certain features and services or restrict your access to parts or all of this website without notice or liability.

This website may contain links and pointers to other related World Wide Web Internet sites, resources, and our affiliates. These links and pointers to third party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third party resources, or their contents. Note that such third party sites may have privacy policies different from ours. Accordingly, you access and use such third party content at your own risk.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.

4. Registering For And Using An Account

To register for or use an online account with Avas Flowers, you must be at least eighteen (18) years old.

When you register for or use an online account with Avas Flowers, you agree to the terms of this Agreement.

You agree that all information you submit to us is true and correct. You further agree that you will not register for or use an account for any third person or entity.

To prevent unauthorized access or use of your account, you agree that you will keep your password confidential and not share it with any third parties. The loss, theft, or unauthorized use of your password or user ID could permit unauthorized persons to gain access to your account and your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your password, user ID, and other account information to any person or entity, you assume all risks and losses associated with such disclosure. If you permit any other person or entity to use or access your account, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person or entity.

We may at our option change the parameters for the password used to access your account without prior notice to you, and if we do so, you will be required to change your password the next time you log into your account.

5. Submitting Content To Our Website

We encourage you and all our users to submit product reviews to this website. We do not and cannot review all materials posted to this website by users, and we are not responsible for any such materials posted by users. We will not publish all material submitted to this website, so if you submit content such as a product review to us, we may decline to publish it.

By submitting content to us, you represent, warrant, and covenant that: (a) you shall not upload, post, or transmit to or distribute or otherwise publish through this website any materials which (i) restrict or inhibit any other user from using and enjoying this website, (ii) are unlawful, threatening, abusive, harassing, libelous, or defamatory, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

By posting product reviews, messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively, "Communications") to this website or Avas Flowers, you hereby grant to Avas Flowers and its successors and assigns a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby irrevocably and forever waive all rights to any claim against Avas Flowers and its successor and assigns for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications and you hereby irrevocably release Avas Flowers and its successors and assigns from any and all such claims.

Unless otherwise prohibited by law, any communication or material you transmit to us via the website or electronic mail is on a non-confidential basis and we may use such communication or material for any purpose consistent with our Privacy Policy, including reproduction, publication, broadcast and posting. We are entitled, but not obligated, to monitor, retain, and review all communications, including those by telephone, email, and other formats, for reasonable business purposes, such as to survey the quality of service that you receive, to assure compliance with this Agreement and industry regulations.

Please note that upon submission, any suggestion, idea, or proposal or other material you provide to us becomes our property without limitation or further consideration.

6. Ordering And Purchasing Flowers And Other Products

To order and purchase flowers, balloons, chocolates, baskets, food, and other products and the delivery of same (all of which are included in the definition of "Products") from Avas Flowers, you must be at least eighteen (18) years old.

When you order or purchase the Products, you agree to the terms of this Agreement.

7. Delivery Policy

FLEX DELIVERY NOTICE

Due to the current health crisis which has caused disruptions in staffing and supply chain, orders may be flexed with other possible delivery dates. These FlexibleDelivery dates for your order are indicated during your checkout process as well as on your Invoice for reference. Your floral gift may be delivered on one of the possible delivery dates indicated on the Delivery Date selection during your Checkout Process. .

UNIQUE COVID-19 SUBSTITUTION AND DELIVERY POLICY

Substitution & Delivery Policy:
Avas Flowers remains dedicated to servicing your floral needs as we navigate through unprecedented challenges resulting from the worldwide pandemic. Now, more than ever, we believe it is a critical time to succeed in our mission to help you send your thoughts and well wishes to your friends and loved ones. To better aid our valued customers in this mission, we may at times need to substitute floral components with the freshest blooms locally available to ensure a timely delivery. Should substitutions be necessary, local designers will use their floral expertise to ensure that your arrangements are of equal or greater value.

Additionally, to ensure a successful delivery, your floral gift will arrive in one of the following ways:

  1. Hand delivered by a local floral delivery driver. We have adapted to CDC guidelines of social distancing and will accept touchless/contactless forms of delivery methods. This may in some cases necessitate leaving floral orders at the door or porch. We will do our best to accommodate your order as requested, however please note that deliveries to work addresses, hospitals, schools, and non-residential locations may be impacted.
  2. Delivered Next-Day via UPS/FedEx directly from our Farm-Fresh facility in a floral gift box. In cases where local affiliates may no longer be available to deliver, we will arrange for your order to be delivered directly from our Farm-Fresh facility. Our dedicated floral team will expertly assemble a beautiful seasonal bouquet which will be safely secured in a floral gift box, specially designed to preserve the quality of your blooms.

Methods of Delivery

We deliver flowers and other products in one of the following three ways:

We may deliver via Postmates, DoorDash, or our own delivery drivers from a physical location within our direct delivery zones described below;

Personal delivery from one of our affiliates (a local florist) outside of our direct delivery zones or even within our direct delivery zones, depending upon our ability to fulfill the order; or Delivery by UPS or FedEx from our physical location or through an affiliate direct shipping for us. 

We are proud affiliates of FTD, 800Flowers, and Teleflora. We will often use another affiliated member of FTD, 1800Flowers, and Teleflora to fulfill and deliver your order. We also partner with UPS and FedEx to deliver flowers and other products from our Farm-Fresh facilities to you. Flower deliveries sent via UPS or FedEx are made in special packaging designed for shipping flowers.

Availability of Delivery

We do not make deliveries unless the combined total of the products ordered for an address is $29.99, not inclusive of service fees. We do not guarantee delivery times. 2 PM local time is typically our cut-off for Same Day Deliveries. We will make our best effort to make these deliveries the same day. Any order placed for Same Day Delivery after 2 PM local time will in most cases be delivered the following business day. On Saturday and Sunday, the cut-off is 12pm local time for Same Day Deliveries. We will make every attempt to accommodate delivery requests, however we do not guarantee deliveries for specific times. Typically during normal circumstances and seasons, deliveries are made from hours ranging from 9am-7pm local time. This delivery window may change during high-volume days or seasons.

Products that are marked as "Wholesale," "Farm Fresh," "Farm-Direct", or "delivered in a Gift Box" are offered as part of our Direct From the Farm and Warehouse Direct programs. These items are only available through delivery via UPS and FedEx - therefore they cannot be delivered the same day. All other items on our site are available for same day florist hand delivery by your local florist - subject to availability.

We do not promise or guaranty Sunday delivery. Orders placed for Sunday delivery will be scheduled for delivery the following Monday. We will make every effort to accommodate requested Sunday deliveries when possible but Sunday delivery cannot be guaranteed and failure to deliver on Sunday will not constitute a Non-Delivery or Late Delivery.

Delays

Occasionally when weather, inaccessibility to the locale or delivery address, need for special ordering, or for whatever reason Products cannot be delivered on the date requested, we may attempt to notify the sender as well as the recipient. Delays caused by factors outside of our direct control, including but not limited to events of "force majeure", road closures and traffic conditions, lack of access to a delivery address due to factors beyond our control (ie, a locked or secure property or a gated community where access is not permitted, etc.), an incorrect or insufficient address provided at the time of the order or recipient unavailability will be rescheduled for the soonest available delivery date/time and may not be refunded after the initial delivery attempt. When the need arises, we reserve the right to convert the order fulfillment from hand delivery by a local florist to our Farm-Direct fulfillment sent via UPS or FedEx in order to ensure that your arrangement is delivered in time for your occasion. Should this occur, we will make every effort to contact and notify you.

Holiday Floral Delivery

Valentine's Day, Mother's Day, and various other holidays are typically the busiest seasons in the floral industry. Delivery capacity and floral availability become greatly limited, especially as it gets closer to the holiday. Accordingly, Avas cannot cancel an order that is placed within four (4) days of a holiday. Avas cannot issue refunds for orders that are placed within four (4) days of a holiday. In the unlikely event that Avas does not complete delivery within four (4) days of the holiday, then Avas will offer the Customer (i) a re-delivery attempt; (ii) a credit towards the purchase of Products; or (iii) a full refund, at the Customer's option.

We cannot guarantee delivery on a specific date for busy floral holidays including, but not limited to, Mother's Day, Thanksgiving, Christmas, and Valentine's Day. To maximize the likelihood of delivery on one of these busy floral holidays, please place your order at least four days in advance. Orders placed within (4) four days of a holiday DO NOT HAVE GUARANTEED DELIVERY DATES. Avas cannot cancel an order that is placed within four (4) days of a holiday. Avas cannot issue refunds for orders that are placed within four (4) days of a holiday. In the unlikely event that Avas does not complete delivery within four (4) days of the holiday, then Avas will offer a redelivery attempt, a store credit towards the purchase of products, or a full refund.

Weekend Delivery

Farm-Direct shipping via UPS or FedEx are now available for Saturday delivery in some areas for a surcharge of only $1.99. This delivery service is not available on Sundays.

We do not promise or guaranty delivery on Sundays. Orders placed for Sunday delivery will be scheduled for delivery on the following Monday. We will make every effort to accommodate requested Sunday deliveries when possible but Sunday delivery cannot be guaranteed.

Undeliverable Locations

While we can deliver to most locations in the United States, there are a few exceptions that we cannot deliver to including, but not limited to, airport terminals, cemeteries, cruise ships, post office boxes, remote locations, rural locations, or trains. If you place an order for an undeliverable location we will do our best to provide you with an alternative delivery solution(s).

Additionally, we cannot make deliveries to either Intensive Care Units (ICU) or Critical Care Units (CCU) of hospitals due to hospital policy. In the event that the intended recipient is in either the ICU or CCU, we will hold the order until they move to a regular room. We will arrange for fresh products to be delivered at that time.

In the event that there is no local florist able to make hand delivery of a Product, Avas Flowers reserves the right to substitute the Product with a Farm-Fresh product of equal or greater value.

Non Delivery

A Non-Delivery means that no delivery attempt was made on the requested delivery date.With respect to all delivery policies stated in this section, in the event that no delivery attempt was made and the order was not delivered on the requested delivery date, we will offer the Customer (i) a re-delivery attempt; (ii) a credit towards the purchase of Products; or (iii) a full refund, at the Customer's option. Non Deliveries are not inclusive of orders that are en route to be delivered on the requested delivery date as we do not guarantee delivery times. When delivery on the requested delivery date is precluded by factors outside of our direct control such as events of "force majeure", road closures and traffic conditions, lack of access to a delivery address due to factors beyond our control (ie, a locked or secure property or a gated community where access is not permitted, etc.), an incorrect or insufficient address provided at the time of the order or recipient unavailability, the order will be rescheduled for the soonest available delivery date/time and may not be refunded after the initial delivery attempt. The non-delivery policy does not apply to instances set forth in Avas' policies where Avas may not be able to accommodate a requested delivery date, e.g. Sundays and holidays.

Refunds or credits given for orders that have already been delivered or have had an attempted delivery will only be for the partial or full cost of the arrangements, less any service fee and/or delivery fee.

Partial Delivery

In the event of any Partial Delivery, Avas Flowers will either deliver the missing items or provide a refund for the missing item within seven (7) business days of the customer notifying Avas of the missing item.

8. Service Fee

The service fee varies based upon a variety of factors related to the specific order placed. Some of the factors used to determine the service fee are whether it is the same day or next day order, type of item ordered, proximity to a holiday, day of the week, order location and time of day. The service fee is calculated after you enter what you are ordering, where the item is going and when your order is placed. The service fee is displayed after it is calculated and prior to the final checkout.

9. Rush Order Request Service Fee

If you wish to have your order delivered before 2PM local time in certain situations you may be able to request a Rush Order Request Service Fee. A Rush Order Request Service Fee which will have an additional charge of just $9.99. In the unlikely event that your Rush Order was not delivered in a timely fashion by 2PM we will issue a Rush Order Request Service Free refund of $9.99 upon notification of the problem by the customer. We can not guaranty a Rush Order Request however we will do our best to accommodate. To notify us and receive a Rush Order Service Fee refund simply visit ourhttps://www.avasflowers.net/customersupport, select the RUSH ORDER REQUEST Issue tab and complete the form.

10. Sales Tax

Tax, when applicable, is calculated based upon the sales tax rate of your recipient's state. This amount is calculated after you provide the address for your order. You will have an opportunity to review the amount before submitting your order.

Effective July 1, 2022, the state of Colorado imposes a retail delivery fee on all deliveries by motor vehicle to a location in Colorado with at least one item of tangible personal property subject to the state's sales or use tax. Accordingly, as of July 1, 2022, Avas Flowers will collect the retail delivery fee on all orders where the delivery is within Colorado as mandated by the state. 

11. Substitution Policy

FLEX DELIVERY NOTICE

Due to the current health crisis which has caused disruptions in staffing and supply chain, orders may be flexed with other possible delivery dates. These FlexibleDelivery dates for your order are indicated during your checkout process as well as on your Invoice for reference. Your floral gift may be delivered on one of the possible delivery dates indicated on the Delivery Date selection during your Checkout Process. .

UNIQUE COVID-19 SUBSTITUTION AND DELIVERY POLICY

Substitution & Delivery Policy:
Avas Flowers remains dedicated to servicing your floral needs as we navigate through unprecedented challenges resulting from the worldwide pandemic. Now, more than ever, we believe it is a critical time to succeed in our mission to help you send your thoughts and well wishes to your friends and loved ones. To better aid our valued customers in this mission, we may at times need to substitute floral components with the freshest blooms locally available to ensure a timely delivery. Should substitutions be necessary, local designers will use their floral expertise to ensure that your arrangements are of equal or greater value.

Additionally, to ensure a successful delivery, your floral gift will arrive in one of the following ways:

  1. Hand delivered by a local floral delivery driver. We have adapted to CDC guidelines of social distancing and will accept touchless/contactless forms of delivery methods. This may in some cases necessitate leaving floral orders at the door or porch. We will do our best to accommodate your order as requested, however please note that deliveries to work addresses, hospitals, schools, and non-residential locations may be impacted.
  2. Delivered Next-Day via UPS/FedEx directly from our Farm-Fresh facility in a floral gift box. In cases where local affiliates may no longer be available to deliver, we will arrange for your order to be delivered directly from our Farm-Fresh facility. Our dedicated floral team will expertly assemble a beautiful seasonal bouquet which will be safely secured in a floral gift box, specially designed to preserve the quality of your blooms.

Substitutions may be necessary to ensure your arrangement or specialty gift is delivered in a timely manner. The utmost care and attention is given to your order to ensure that it is as similar as possible to the requested item.

Flowers

  • In arrangements of assorted flowers, the colors shown online will be used if at all possible, even if this means substituting other kinds of flowers of equal or greater value.

  • For one-of-a-kind flower arrangements, such as all roses or all tulips, we will make an attempt to match the flower type, but may substitute with another color.

  • If the floral container or vase shown online is not available, a similar container will be used.

Plants

  • For green and blooming plants, similar plants may be substituted of equal or greater value.

  • For one-of-a-kind plants, such as orchids, we will make every attempt to match the plant type, but may substitute with another color.

  • If the plant container or basket shown online is not available, a similar container will be used.

Specialty Gifts

  • Specialty gifts like balloons, bears, and gift baskets may be substituted with another specialty gift of equal or greater value and of similar theme and category

Unavailability of Local Florist

In the event that there is no local florist which is able to hand-deliver a product, then Avas Flowers reserves the right to substitute a Farm Fresh product of equal or greater value to direct ship an item. Avas Flowers will attempt to notify the Customer by phone or email (whichever is provided by the Customer) in the event there is a need to substitute a Farm Fresh product due to the unavailability of a local florist.

12. Cancellation Policy

Orders for Products may be canceled within twenty-four (24) hours after they are placed, except for orders for Same Day Delivery, Next Day Delivery or Holiday Delivery, which may not be canceled. Cancellations can be done by calling our customer service department at (855) 543-6712 or done online https://www.avasflowers.net/customersupport and selecting option #11 entitled "CANCEL MY ORDER"

13. Avas Flowers Satisfaction Commitment, Returns, And Refunds Policy

In the event that a product materially differs in quality and characteristics from your original order (i.e., does not comply with Avas' Substitution Policy) or if your product is damaged or unfit for use at the time of the delivery please notify us within 24 hours of delivery and we will arrange for: (1) a re-delivery of the product (if available); (2) a re-delivery of a product of equal or greater value; (3) store credit; or (4) a full refund, upon return of the product within seven (7) days by way of florist pick up or a prepaid return.

If you have a complaint about a delivered product and would like a refund but do not want or cannot provide an opportunity for us to pick up the original delivered arrangement, we will provide you with a courtesy store credit for future use.

14. Copyright And Trademarks

This website is protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of this website are only for your personal, non-commercial use. All materials contained on this website are protected by copyright, and are owned or controlled by Avas Flowers. You will abide by any and all additional copyright notices, information, or restrictions contained on this website. Copying or storing of any portion of this website for other than personal, noncommercial use is expressly prohibited without our prior written permission.

All tradenames, trademarks, servicemarks, trade dress, logos, designs, product names, and service names on this website are owned by Avas Flowers (the "Avas Flowers Trademarks"). You agree that you will not use the Avas Flowers Trademarks without our express permission.

15. Notice And Procedure For Making Claim Of Copyright Or Other Intellectual Property Infringement

If you believe that your copyrighted material has been improperly posted, uploaded, displayed, or published on this website, please send written notice of claimed infringement to:

Brian Cellier
Avas Management Services, Inc.
200 Continental Drive Suite 401,
Newark Delaware 19713
Email: cbrian@avasflowers.com
Telephone: (201) 877-9316

At a minimum, any written notice of claimed infringement must contain the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In compliance with the Digital Millennium Copyright Act (17 U.S.C. 512(i)), we will terminate, in appropriate circumstances, the accounts of users, customers, and account holders who are repeat infringers of third party copyrights.

16. Indemnification

You hereby agree to indemnify, defend, and hold harmless Avas Flowers, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney's fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

17. Disclaimers And Limitations Of Liability

THE PRODUCTS (FLOWERS, BALOONS, CHOCOLATES, BASKETS, FOOD, ETC.) AND THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AVAS FLOWERS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) FOR THE PRODUCTS AND/OR THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, AVAS FLOWERS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AVAS FLOWERS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVAS FLOWERS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INLCUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

UNDER NO CIRCUMSTANCES WILL AVAS FLOWERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY OTHER DAMAGES OR LOSS THAT ARISE FROM THE USE OF THE PRODUCTS OR THIS WEBSITE, EVEN IF SUCH DAMAGE IS FORSEEABLE OR YOU PROVIDE NOTICE TO AVAS FLOWERS OF SUCH DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT AVAS FLOWERS' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU PAID TO AVAS FLOWERS, WHICHEVER IS GREATER.

18. Governing Law And Arbitration

This Agreement shall be governed by and construed in accordance with the laws of the State ofDelaware, without regard to conflicts of laws provisions. You agree that this Agreement is formed and executed in the State ofDelaware. You hereby consent to and agree to subject yourself to the personal jurisdiction of the courts ofDelaware. You agree and acknowledge that Avas Flowers is located in New Castle County,Delaware, and that proper venue for any actions or disputes shall be in New Castle County,Delaware.

Any legal claim, including but not limited to counterclaims, cross claims, third party claims, or interpleaders, between you and Avas Flowers, including claims arising out of or relating to this Agreement or the breach thereof as well as claims based on any representation by Avas Flowers (such as false advertising and fraud), and excluding defamation, product disparagement and/or intellectual property right infringement claims by Avas Flowers or its owners, officers, employees, and assigns (which claims may be brought by Avas Flowers or its owners, officers, employees or assigns in the Superior Court ofDelawareor other court having jurisdiction), shall be resolved solely by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.

All claims -- excluding any defamation, product disparagement and/or intellectual property right infringement claims brought by Avas Flowers or its owners, officers, employees, and assigns -- shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Castle County,Delaware. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. You agree to not to raise the defense or argument of forum non conveniens.

19. Alcohol Policy

We do not sell or deliver alcohol products.

20. California Proposition 65 Warning

California Residents: In accordance with Proposition 65, please be warned that consuming foods or beverages that have been kept or served in leaded crystal products or handling products made of leaded crystal will expose you to lead - a chemical known to the State of California to cause birth defects or other reproductive harm.

21. SMS Text Messaging Opt-in Information

1. https://www.avasflowers.net/terms-of-service
2. Opt in to Avas SMS Text is optional for all end users.
3. The name of our SMS Text Messaging Program is called: Avas Flowers SMS Text.
4. The Avas Flowers SMS Campaign will be used for customer service purposes such as but not limited to updating customer order status and delivery confirmation.
5. Message frequency varies.
6. Standard Message and data rates apply to all SMS Text messages.
7. For Users to opt out of the Avas Flowers SMS Campaign they text STOP in reply to one of our messages.
8. For Users to get customer support or assistance just text HELP in reply to one of our messages. You can also call customer support at: 855-543-6712.
9. Carriers are not liable for delayed or undelivered messages.
10. https://www.avasflowers.net/privacy-security

LAST UPDATED: 06/2022

Recently Viewed

Nothing viewed yet.

If you're shopping for a florist sale "near me" to order and send same day flowers today, take a look at our online flower store delivery service and discover that it is the best and cheapest option.

Accessibility