Welcome to our new shop!
This website Flower By Yona is owned and operated by Flowers by Yona, LLC (“we”, “us” and “our”). By accessing, using or browsing this website the user (“you”) agree to be bound by these terms and conditions, the Privacy Policy and all other terms contained on this website, including in the Frequently Asked Questions portion, (collectively, “Terms”).  If you do not accept the Terms cease using this website.
We reserve the right to amend the Terms from time to time. Amendments will be effective immediately upon publication on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.


Contract of Sale


1)    A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for goods from you. Unless we notify you prior in writing, acceptance of your order occurs when we:
a.    Have received your full contact details including your full name, email address, phone number, billing address, recipient’s full name, delivery address and delivery date;
b.    Debit your form of payment to process your order; and
c.    contact you, by email (or otherwise), confirming your order.


2)    To secure your order we require full payment of the purchase price via Visa, MasterCard, American Express, Elo, Shop Pay, Apple Pay and Google Pay for online orders. Orders will not be confirmed until payment has been successfully processed and we have your full contact details.

Pick-up/Delivery
1)  For no extra cost, orders can be picked up no more than 24 hours prior to your event. The person picking up will be given a 30 minutes window for pick-up. If that person does not arrive, we reserve the right to leave or charge an extra $25 for every 15-minute period. Payment will be expected upon pick-up.

2.  For an additional cost, we also provide Delivery. If the address at which the floral products are to be delivered (the “Delivery Address”) is located in an area in which we are unable to deliver due to any reason (e.g., road blockages, acts of nature/God), we will contact you to re-arrange pick-up or an alternative delivery address and time.

3)   We will deliver the goods to the Delivery Address specified during the checkout process. We take no responsibility if you provide an incorrect Delivery Address. If an incorrect Delivery Address is provided and you request that the flowers be delivered to another address after delivery has occurred, you will need to pay for the product and delivery fee in full prior to re-delivery if reproduction is required.


4)   It is your responsibility to ensure that someone is present to accept delivery. We take no responsibility if no one is present at the Delivery Address to accept delivery on the delivery date specified during checkout. If the recipient is not present at the Delivery Address the flowers will be left at the Delivery Address unless, in the courier’s opinion, it would not be safe to do so, in which case:
a.   the flowers will be returned to the point of dispatch and stored appropriately;

b.   you will be contacted and advised that the flowers were not able to be delivered; and

c.   if the same bunch of flowers is to be re-delivered you will need to pay for another delivery based on the location; or

d.  if the bunch of flowers requires re-production, you will need to pay for the product in full prior to re-delivery.


Product

1)   Subject to the availability of flowers, we will endeavor to supply products that match the images and descriptions provided on the website.


2)   You acknowledge that there may be variations between the images and descriptions provided on the website and the goods as delivered.

Cancellation and changes

1)   Under our cancellation policy, we will refund 50% of the purchase price paid if you cancel an order in writing (email acceptable) at least two weeks prior to the Delivery Date.

2)   We reserve the right to not accept changes to orders. 


3)   We may, at our sole discretion, reject an order for goods, if, for example, we are unable to arrange delivery to your delivery address. In that case we will notify you as soon as possible and will refund any amounts paid by you in respect of those goods.


Indemnity

You will, to the maximum extent permitted by the law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:
a.   your use of the website;

b.   your use of products purchased from us;

c.   your provision of incorrect information to us;
d.   any breach of these Terms.

Force Majeure

In the event that we are unable to perform any obligations under this agreement due to circumstances beyond our reasonable control, including but not limited to acts of God (such as rain, wind, other weather events), fire, pandemic,  public health emergency, disease outbreak, power outages, government actions (e.g., strikes, mandates, etc.), you agree to relieve us of such obligations without any liability whatsoever.  We will endeavor to provide you notice of our inability to perform as soon as practical under the circumstances.

Warnings
1)   Flowers and foliage are not for human or animal consumption and we cannot be held liable for any damages incurred as a consequence of consumption.


2)   You must advise us when placing the order for flowers if you or the Recipient has any allergies to particular types of flowers. If you do not do so then we will not be able to take any allergies into account when supplying the products.


3)   We do not accept responsibility for:

a.   Any use of this website which is illegal or prohibited by laws which apply to you;

b.   Any interference or damage to your own computer which arises in connection with your use of this website;

c.   Losses you may sustain due to unauthorized access to or alteration of your transmissions or data or of information contained on your computer or on this website; or

d. Malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.

Linked websites
This website may contain third party links to other websites (e.g., for ordering and/or payment), including websites operated by third parties. We are not responsible for the content or privacy practices associated with linked websites or third party advertisements that might incur as a result.


Website Information
This web site, and the information which it contains, is the property of Flowers by Yona, LLC, and is protected from unauthorized copying and dissemination by international conventions and other intellectual property laws. By way of example only, you may not copy and use any and all information from the site without written permission of all parties involved, for any means.


Privacy Policy
This policy covers how we treat personal information that the company collects and receives, including information related to your past use of Flowers by Yona, LLC. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage.
 
Confidentiality
Client records are regarded as confidential and therefore will not be divulged to any third party unless required to do so by law. Clients have the right to request sight of, and copies of any and all of their Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any information relating  to the provision of our services.
We disclose personal information only to those of our employees and contractors that (i) need to know that information in order to process it on our behalf or (ii) to provide services available at our website, and (iii) that have agreed not to disclose it to others. By using the Flowers by Yona, LLC website, you consent to the transfer of such information to them. Other than to its employees, contractors and affiliated organizations, as described above, we disclose personal information only when required to do so by law.


We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. If you are a registered user of Flowers by Yona, LLC and have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with us and our products. Otherwise, any emails sent by us will only be in connection with the provision of agreed services and products.We take all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of personal information.

Updated:  August 2020