Please read these terms carefully. By using FlowersGifting.com you agree to be bound by them. Effective date: May 2025 · Governed by the laws of the State of Illinois, USA.
By accessing or using FlowersGifting.com you agree to these Terms. They contain a Binding Arbitration Clause and Class Action Waiver that affect your dispute resolution rights. If you reside in the United States, please read Section 17 carefully before using our services.
FlowersGifting.com and its affiliates ("FlowersGifting", "we", "us" or "our") welcome you to our website at flowersgifting.com. These Terms & Conditions are effective as of their Effective Date. ECOMGIFTING INC reserves the right to amend these Terms at any time. Your continued use of our services after any amendment constitutes acceptance of the revised Terms.
FlowersGifting provides products and services through its website, affiliate websites, social media accounts and other marketing channels. In each case, your use is subject to these Terms, our Privacy Policy, and any applicable site-specific policies.
You agree that you do not have any rights in our services, and that ECOMGIFTING INC will have no liability to you if services are discontinued or your access is terminated in accordance with these Terms.
You affirm that you are 13 years of age or older. To make a purchase you must be 18 years of age or older and hold a valid payment method. You may not use our services for any commercial or business purpose without a separate written agreement with ECOMGIFTING INC. You may not resell any product purchased through our services.
You are solely responsible for maintaining the security and confidentiality of your account password. By logging in, you represent that you are the registered account holder and are using our services for permitted purposes only. Notify us immediately of any unauthorised use at flowersgifting.com. ECOMGIFTING INC reserves the right to suspend or terminate any account at any time for any breach of these Terms.
All prices are quoted in US Dollars (USD) at the time of purchase and exclude freight, taxes and duties unless expressly stated. Pricing is subject to correction at any time. You are responsible for all applicable taxes. By placing an order, you authorise ECOMGIFTING INC to debit your chosen payment method for the total amount due. ECOMGIFTING INC reserves the right to accept, reject or cancel any order and to correct any pricing or other errors without liability.
Product images are for display purposes only. Actual products may differ. Where exact items are unavailable due to seasonality, regional availability or perishability, we will substitute with similar products of equal or greater value.
Flowers: Local florists may substitute varieties for freshness, colour or availability. Vase styles may vary.
Plants: Similar plants of equal or greater value may be substituted. Containers and pots may vary.
Specialty Gifts: Substituted with a gift of equal or greater value and a similar theme.
Cakes: Decorations are indicative only. If the ordered cake is unavailable, our outlet will deliver the best available cake of equal or greater value.
(a) Our delivering outlet will always attempt to contact the recipient before delivery. For perishable items (flowers, cakes, sweets) not delivered due to: recipient unavailable, door locked, security restrictions, address not found, or phone unanswered/switched off — the order is considered delivered and non-refundable.
(b) All delivery claims must be raised within 24 hours of the scheduled delivery. The only valid claim is for a 100% refund of the amount paid.
(c) On a failed delivery, the courier will leave a door tag or voice message. The recipient is responsible for collecting the parcel within 2 working days.
(d) If an incorrect address is provided, a rerouting fee of up to $15.00 may be charged to your payment method without prior notice.
Please refer to our full Delivery Policy for complete details including coverage, special locations and refund eligibility.
All content on flowersgifting.com — including artwork, graphics, photographs, images, text, trademarks and logos — is the property of ECOMGIFTING INC or its licensors and is protected under US and international intellectual property laws. No licence or right in any trademark, technology or software is granted to you by these Terms.
Any content submitted in response to our social media campaigns or contests is considered User Content under these Terms. By directing responses to us, you grant ECOMGIFTING INC a worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, modify and publicly display such content in all media, in perpetuity.
You are authorised to access and use our content for personal, non-commercial purposes only. You may not: copy, distribute or commercially exploit any content without prior written approval from ECOMGIFTING INC; alter, reverse-engineer or modify any part of our services; or access systems or information beyond what is intended by ECOMGIFTING INC.
Subject to our Privacy Policy, ECOMGIFTING INC reserves the right to use your User Content for advertising and promotional purposes. By submitting User Content, you confirm that you own all rights to it and that it does not infringe any third-party intellectual property or privacy rights. ECOMGIFTING INC has no obligation to compensate you for use of your User Content.
ECOMGIFTING INC has no control over and assumes no liability for any third-party content within our services or the actions of applicable third parties. Links to external websites are provided for your convenience only and do not constitute an endorsement by ECOMGIFTING INC.
You agree not to use our services for any illegal, tortious, obscene, defamatory, harassing, threatening, offensive, hateful or otherwise injurious purpose. You also agree not to upload or transmit any material containing viruses, malicious code or any other technology that may harm ECOMGIFTING INC's systems or other users. Repeat infringers of intellectual property rights will have their accounts suspended or terminated.
To submit a DMCA copyright infringement notice, provide the following to ECOMGIFTING INC Customer Service:
Send notices to: ECOMGIFTING INC, 1306 N ST Elmont, NY 11003 or via email at ecomgifting@flowersgifting.com.
Our mobile services allow you to browse, receive notifications and access our platform via a mobile device. Standard carrier data rates may apply. By using mobile services you agree that ECOMGIFTING INC may communicate with you by SMS, MMS or push notification. You agree to notify us promptly of any changes to your mobile number.
You shall not violate or attempt to violate the security of our services, including by accessing data not intended for you or logging into a server or account you are not authorised to access. Any violations may result in civil or criminal liability. ECOMGIFTING INC will actively cooperate with law enforcement authorities in prosecuting any such violations.
All communications you voluntarily send to ECOMGIFTING INC — including feedback, suggestions and ideas — are not treated as confidential. ECOMGIFTING INC may freely reproduce, use and distribute such communications and use any ideas or concepts contained in them for any purpose, including developing and marketing new products and services, without restriction or compensation.
Your privacy is important to us. Our Privacy Policy and our GDPR Policy are incorporated into and form part of these Terms. Please review these policies carefully.
All disputes, controversies and claims arising out of or related to these Terms shall be resolved exclusively by binding confidential arbitration on an individual basis — not in court and not as part of any class action. By agreeing to these Terms, you voluntarily and knowingly waive your right to a jury trial.
Arbitration is conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Costs are governed by the AAA fee schedule. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.
Contact AAA at 800-778-7879 or adr.org.
You agree to indemnify and hold harmless ECOMGIFTING INC, its subsidiaries, affiliates, officers, directors, agents and employees from any loss, liability, claim or demand (including reasonable legal fees) arising out of or related to: (a) your improper use of our services; (b) any User Content provided by you; or (c) your violation of these Terms or any applicable law or regulation.
Your use of our services is entirely at your sole risk. All services are provided "as is" and "as available" without warranties of any kind — express, statutory or implied — including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
To the maximum extent permitted by applicable law, ECOMGIFTING INC shall not be liable for any special, exemplary, indirect, incidental, punitive or consequential damages arising from your use of our services. Our total aggregate liability in connection with any claim is limited to the purchase price of the specific product or service that gives rise to the claim.
21. Limitation of Time to Bring Claims: Any cause of action or claim arising out of these Terms must be commenced within one (1) year of the date on which such cause of action accrued, after which it is permanently barred.
22. Waiver of Jury Trial: To the fullest extent permitted by applicable law, both parties waive the right to trial by jury in any proceeding arising out of these Terms.
23. Force Majeure: ECOMGIFTING INC is not liable for delays or failures in performance caused by acts of God, labour disruptions, war, terrorism, government decrees, epidemics, quarantines, natural disasters, power failures or any other cause beyond our reasonable control.
24. Governing Law & Jurisdiction: These Terms are governed by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts-of-law principles.
25. Severability & Entire Agreement: If any provision of these Terms is found unlawful or unenforceable, it is severable from the remaining provisions without affecting them. These Terms, together with our Privacy Policy, constitute the entire agreement between you and ECOMGIFTING INC regarding your use of our services.