Terms & Conditions
1. ABOUT THESE TERMS OF SALE
1.1 These Terms of Sale (“Terms”) set out the terms and conditions that will apply when you place an order through Bagel's Florals online store. If you are unable to understand, or have any questions about these Terms please contact Bagel's Florals. You will be required to confirm that you have read and accept these Terms before you submit an order to Bagel's Florals. Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions prior to each order that you submit.
1.2 Company information
610 Tulane Drive NE
Albuquerque, NM 87106
Pre-order products are sold and delivered to you by Bagel's Florals. In connection with the sales of pre-order products, Bagel's Florals will collect the orders and payments for pre-order products.
The other products available through the web shops are sold and delivered to you by Bagel's Florals.
1.3 These Terms do not affect your legal (statutory) rights under your applicable national laws relating to the sale of consumer products.
1.4 The sales contract may be concluded in English language.
2. ORDER AND ACCEPTANCE
2.1 Each order submitted constitutes an offer to purchase products. Orders are subject to Bagel's Florals acceptance and may be refused at Bagel's Florals discretion, for example in cases where:
- orders cannot be processed due to an error in information you have provided;
- there is an error on the web shop relating to the products that you have ordered, for example an error relating to the price or description of the product as displayed on the online store; or
- the products that you have ordered are no longer available through the online store.
2.2 After Bagel's Florals receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact Bagel's Florals before you try to place another order for the same product.
2.3 If you have any questions, comments or concerns regarding Bagel's Florals' order acceptance policy, or if you consider that your order was rejected in error, please contact Bagel's Florals.
3. PRODUCT AVAILABILITY
Bagel's Florals will have the right, at any time, to make changes to information about products displayed on the online store, for example information about prices, description or the availability of products and Bagel's Florals may do so without first giving you notice of the changes. Bagel's Florals will not, however, make any changes to the price, availability or description of any product after an order has been accepted.
4. CUSTOMER INITIATED ORDER CANCELLATIONS AND CHANGES
You can make changes to or cancel your order at any time before your order has been processed. To make changes to your processed order, please contact Bagel's Florals. To request a refund of the product: please see Return Policy.
5.1 At this time, Bagel's Florals products are available for purchase and delivery in Albuquerque proper. Delivery to adjacent cities & suburbs is subject to a $10 delivery fee.
5.2 Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, Bagel's Florals cannot promise that they are accurate.
5.3 Product that is delivered to you will become your property at the time that you receive it provided that Bagel's Florals has received full payment for the product. As soon as Bagel's Florals has delivered the product to you, you will become responsible for it and for any loss or damage to it thereafter.
6. PRICES AND PAYMENT
6.1 The product price is always the price indicated in the web shop when you place your order.
6.2 Products and their postage are paid in conjunction with the order. The available payment methods are displayed in connection with the Checkout in the online store. Online payment methods are provided by Stripe.
6.3 Online payments:
In some countries purchases are possible via online payment system, Stripe. These services will be offered via Bagel's Florals payment partners in accordance with their terms.
7. RETURNS / REFUNDS
Bagel's Florals strives to make sending and receiving flowers simple, delightful, and straightforward by providing the best customer service available. We understand and appreciate the concerns of our customers. We have established this return/refund policy to to provide our customers with a complete understanding of how replacement orders or refunds are processed:
7.1 Your satisfaction is our top priority. If for any reason you, or the recipient of your gift, is not completely satisfied with any of our products, please contact us promptly, and we will be glad to provide an appropriate adjustment, replacement, or refund, depending on the particular situation.
7.2 Please keep in mind, however, we can not be responsible for circumstances beyond our control. For example, some floral deliveries can be delayed due to incomplete or incorrect delivery information, no one being available to accept a package when we first deliver, severe storm conditions, or other unforeseen factors. In such cases, we always do our best to reschedule delivery as soon as possible and contact the sender or recipient as needed. Of course, your assistance in providing complete and accurate delivery information, including the recipient's phone number, is very important, too. If the recipient refuses to accept the item, the sender/subscriber is not present to accept a delivery, or if they have provided incomplete or incorrect delivery information, the delivery must be rescheduled, and the purchaser will be subject to a $10 delivery rescheduling fee.
7.3 Please keep in mind that flowers are perishable. Proper care is required. It is the responsibility of the recipient to follow any care instructions provided. Unless otherwise instructed, we do not leave bouquets unattended and someone must be present to accept the delivery. Refunds will not be issued for bouquets damaged when left in extreme temperatures. Refunds and replacements may not be possible after an item's useful life. So, in the case of any unexpected problem, please contact Bagel's Florals within 24 hours of delivery.
7.4 Bagel's Florals reserves the right to reject any order that we deem questionable, possibly fraudulent, or for which customer payment information can not be verified with the appropriate credit card issuer.
7.5 Our bouquets are individually made and delivered. So, while orders may be canceled upon request, cancellations must be made 5 days in advance of your scheduled delivery. If a recipient refuses to accept a delivery for some reason and/or an item needs to be redelivered to an alternate delivery address, a $10 delivery rescheduling fee applies.
7.1 Refunds or exchanges in case of a faulty product
If you wish to exchange or return for a refund a pre-order product which is faulty or otherwise damaged when you receive it, which does not correspond to the description on the online, you can do so in accordance with and pursuant to applicable law and as separately informed by Bagel's Florals.
This provision does not set-aside your mandatory legal rights in this respect.
7.2 Refunds for non-faulty merchandise
You can exercise the right to cancel an order for pre-order product in accordance with and pursuant to applicable law and as separately informed by Bagel's Florals.
8. LIABILITY TO YOU
8.1 Nothing in these Terms will exclude or limit liability to you for fraud, death or personal injury or any other liability which the law states may not be excluded or limited.
8.2 Bagel's Florals will not be liable to you under a contract for:
- any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;
- any loss or corruption of or damage to data; or
- any loss or damage which was not a reasonably foreseeable result of either breach of a contract or breach of legal duty of care.
9. ADDITIONAL APPLICABLE FEES
9.1 Subscription deliveries are scheduled for a specific day and delivery window selected upon checkout and applicable for the duration of your subscription. If you should decide to make changes to your delivery address or preferred delivery window, you will be subject to a $4 delivery change fee every time a change to the delivery schedule or address is made.
11. PERSONAL INFORMATION
12. GENERAL TERMS
The contract for sales of products will be solely between you and Bagel's Florals and is governed by the laws of the United States.
If any provision of a contract is not valid or legally enforceable, that term will be deleted and the remaining terms will not be affected.
13. CONTACT BAGEL'S FLORALS
If you have any questions about these Terms, please contact Bagel's Florals here.