Terms & Conditions

New York Flower Group

120 West 28th Street

New York, New York 10001

Effective Date:

This page represents a legal document and is the Terms and Conditions (Agreement) for our Website, https://nyfg.nyc , our webshop and our Mobile Application, collectively and herein after called “Platform.”  

Definitions

The terms “us”, “we”, and “our” refer to our company New York Flower Group the owner of the Platform. A “Visitor” is someone who merely browses our Platform. A “Member” is someone who has registered with us to use our Platform. The term “User” is a collective identifier that refers to either a Visitor or a Member.   

All text, information, graphics, design, and data offered through our Platform, whether  produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.   

Acceptance of Agreement

This Agreement is between you and New York Flower Group. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR PLATFORM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY AND DO NOT USE THEM ANY FURTHER. Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and New York Flower Group and supersedes all other Agreements, representations, warranties, and understandings with respect to our Platform, and the subject matter contained  herein. However, for you to use our Platform, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.   

Privacy Notice

Our Privacy Notice is considered part of this Agreement and is available for you to review by clicking here.

Arbitration

Any legal controversy or claim arising from or relating to this Agreement and/or our Platform, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to - intellectual property and our Platform, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.  

Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in New York, New York, and will be governed by and construed in accordance with the laws of the state of New York without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Platform must be instituted within one (1) year after the cause of action arose or be forever waived and barred.   

Limited License

New York Flower Group grants you a nonexclusive, nontransferable, revocable license to access and use our Platform strictly in accordance with this Agreement. Your use of our Platform is solely for internal, personal, noncommercial purposes unless otherwise  provided for in this Agreement. No printout or electronic version of any part of our Platform may be used by you in any litigation or arbitration matter whatsoever under any  circumstances.  

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Platform, and any software provided therein.  

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, or employee/employer or franchisor/franchisee relationship between you and New York Flower Group. 

Our Intellectual Property

Our Platform may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Platform does not  constitute any right or license for you to use our service marks or trademarks without the prior written permission of New York Flower Group.

Our Content, as found within our Platform, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Platform does not grant you any ownership rights to our Content.

Eligibility and Registration for Membership

To use our Platform, you must register with us to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Platform is intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Platform by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Platform, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. New York Flower Group has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.  When you complete the registration process, you will receive a password that will allow you to  access our Platform. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that  confidentiality as well as all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other  breach of security. You agree that our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.  

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Platform will be error free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Platform will be correct, accurate, timely, or otherwise reliable. New York Flower Group reserves the right at our sole discretion to change any content, software, and other items used or contained in our Platform at any time without notice.   

Disclaimer

Our Platform publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. New York Flower Group has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers and Users of our Platform, are those of the respective author(s) and not of New York Flower Group. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.  

You understand that we do not operate or control the products or services offered by third party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and merchants. You agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant websites.   

Warranty Disclaimer

New York Flower Group is not responsible or liable in any manner for any Content posted on our Platform, whether posted or caused by Members of our Platform, or by New York Flower Group. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Platform, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Platform. New York Flower Group is not responsible for the online or offline conduct of any User of our Platform. Our Platform may be temporarily unavailable from time to time for maintenance or other  reasons. New York Flower Group assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications. New York Flower Group is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile  phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Platform, including, without limitation, any software provided through our Platform. Under no circumstances will New York Flower Group be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Platform, or any interactions between Users of our Platform, whether online or offline. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Platform by third parties or by any of the  equipment or programming associated with or utilized by our Platform.   

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PLATFORM ARE  PROVIDED ‘AS IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. 

New York Flower Group, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PLATFORM. New York Flower Group CANNOT GUARANTEE AND DOES NOT  PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. New York Flower Group DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PLATFORM, OR ANY SOFTWARE FOUND WITHIN ARE  ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR FREE, OR FREE OF VIRUSES OR  OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY RECOGNIZED. 

SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PLATFORM, AND RELATED SOFTWARE IS DISCLAIMED.   

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR PLATFORM AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES  (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),  WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE  FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND New York Flower Group.   

OUR PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR PLATFORM WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.   

Limitation of Liability

IN NO EVENT WILL New York Flower Group OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST  DATA ARISING FROM YOUR USE OF OUR PLATFORM, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR PLATFORM, EVEN IF New York Flower Group IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, New York Flower Group ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.  

Use of Information

You grant New York Flower Group a license to use the information and materials you post to our Platform. By posting, displaying, transmitting, performing, or otherwise distributing  information or other content (“Member Content”) to our Platform, you are granting New York Flower Group , its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of New York Flower Group , its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting 

Member Content on our Platform, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.  

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement  and to take any action we deem appropriate, including, but not limited to, reporting any  suspected unlawful activity to law enforcement officials, regulators, or other third parties and  disclosing any information necessary or appropriate to such persons or entities relating to your  profile, email addresses, usage history, posted materials, IP addresses, and traffic information.  

Linking to Our Platform

You may provide links to our Platform provided that (a) you do not remove or obscure any  portion of our Platform by framing or otherwise, (b) your services do not engage in illegal or pornographic activities, and (c) you cease providing links to our Platform immediately upon our request.  

Links to Other Websites

Our Platform may from time to time contain links to third party websites. Inclusion of links for  any website on our Platform does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites. New York Flower Group has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you  review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.   

Payment, Ordering and Taxes

*You will be charged sales tax unless you can provide a valid resale certificate. Unless otherwise noted, our website lets you buy direct from the farms stock and create your own assortment of flowers. We will use our logistics and operation to control quality and deliver the product to our New York facility for you.

You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be  honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.  

Flowers Conditions, variation and limitations

  • Fresh cut flowers and roses change color size and texture daily! They change from farm to farm day to day due to many factors, including but not limit to exposure to elements of nature, grower’s methods and growing techniques

  • Preserved flowers and roses are based on real flowers and roses. They change color size and texture daily! They change from farm to farm and day to day due to many factors, including but not limit to exposure to elements of nature, grower’s methods and growing techniques.

  • Preserved flowers and roses loose color overtime. Exposure to sunlight or strong light will expedite color loss.

  • Preserved flowers and roses may create stains if they become wet.

  • Preserved flowers and roses must be handled with great care as they are very fragile to touch.

  • Some Preserved flowers and roses colors fade faster than others and there is no guarantee as to how long the color will last.

  • Unless otherwise indicated our flower, roses and Preserved flowers and roses are ONLY for decorative purposes and may contain pesticides and other chemicals. Our flowers may also undergo a bleach or chemical process, or both. Often, they may absorb dyes to give them their final color. According to the growers, they use food dyes and friendly chemicals from the cosmetic industry.

Claims and Refund Policy 

Remember that fresh cut flowers are alive and need to be removed immediately upon arrival from the box and properly conditioned into water or better yet floral a solution. Please remove  from the box and inspect the products upon arrival to your place. We recommend removing the  packing carton or plastic surrounding the flowers only after you have had them conditioning for 3 hours in water or a floral solution. This will help them to stand up right. Preserved flowers and roses must stay dry at ALL time. Water will destroy them at ones! 

ALL quality issues, shortages, or the receiving of a wrong product must be reported to us within 24 hours from the arrival time to your place. 

We need at least five pictures showing the issue or problems with the flowers. All photos MUST CLEARLY show the problem and clearly demonstrate the number of stems/units requested for a refund. We must receive the pictures within 24 hours from when our product arrived at your place. At our own discretion, we might ask you to return the product to us prior to issuing the refund. 

A claim must be submitted by email within 24 hours of our products arriving at your place and must include the following: invoice number, date, client name, unit/stems requested for refund and the five pictures described above. Once we validate your claim, a refund will be issued and sent to you by email, fax, or mail.