Terms of service
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, ONLINE STORE, MOBILE ACCESS, OR RELATED SERVICES (COLLECTIVELY, THE “SERVICE”), YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.
IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER:
THESE TERMS REQUIRE INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
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1. Eligibility
You must be at least eighteen (18) years old to use the Service.
By using the Service, you represent and warrant that you have legal authority to enter into these Terms.
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2. Orders and Acceptance
All orders are subject to review and acceptance by Prime Roses.
We reserve the absolute right to:
• Refuse or cancel any order
• Limit quantities
• Modify product offerings
• Correct pricing or typographical errors
• Cancel suspected fraudulent transactions
• Require additional identity or payment verification
Order confirmation does not guarantee acceptance.
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3. Nature of Floral Products (Perishable Goods Clause)
Flowers are natural, seasonal, and perishable products.
You acknowledge and agree that:
• Substitutions may be necessary due to seasonal availability
• Flower varieties, colors, bloom stages, and sizes may vary
• Arrangement designs are artistic interpretations
• Images are illustrative and not guaranteed exact replicas
Reasonable variation, substitution of equal or greater value, or seasonal adjustment shall not constitute defect, misrepresentation, or grounds for refund.
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4. Special Event & Peak Holiday Policy
(Valentine’s Day, Mother’s Day, Holidays, High-Demand Periods)
Due to extreme volume and supply chain constraints during peak holidays, including but not limited to:
• Valentine’s Day
• Mother’s Day
• Christmas
• New Year’s
• Other nationally recognized holidays
The following terms apply:
• Specific delivery times are not guaranteed
• Same-day delivery may be limited
• Substitutions are highly likely
• Premium pricing may apply due to market fluctuation
• Orders may be delivered earlier or later within the business day
• No refunds for minor timing delays during peak periods
By placing an order during peak periods, you expressly acknowledge these conditions.
Prime Roses shall not be liable for delays caused by volume surges, traffic congestion, weather conditions, carrier limitations, or supplier shortages during such periods.
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5. Delivery & Risk of Loss
Prime Roses is not responsible for:
• Incorrect addresses provided by customers
• Gated community access issues
• Apartment complex restrictions
• Recipient unavailability
• Weather exposure after delivery
• Theft after confirmed delivery
Delivery confirmation, including photo confirmation where available, constitutes completion of service and transfer of risk.
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6. Refunds, Cancellations & Claims
Due to the perishable nature of products:
• All sales are final unless otherwise determined by us
• Claims must be submitted within 24 hours of delivery
• Clear photographic evidence may be required
• Refunds, replacements, or credits are issued at our sole discretion
Orders placed for peak holidays may not be canceled once preparation has begun.
Chargebacks initiated without prior dispute resolution may be considered misuse of payment systems.
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7. Custom Orders & Event Floral Services
Custom floral designs, wedding arrangements, and event orders:
• Require advance confirmation
• May require deposits
• Deposits are non-refundable unless otherwise stated in writing
• Are subject to seasonal substitutions
Once materials are ordered or preparation begins, cancellations may not be permitted.
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8. SMS/MMS Marketing Program
By opting into SMS communications, you agree:
• To receive recurring automated promotional messages
• Consent is not required for purchase
• Message frequency may vary
• Message and data rates may apply
To opt out, reply STOP.
For assistance, reply HELP or contact:
primerosesla@gmail.com
If you change or transfer your phone number without opting out, you agree to indemnify Prime Roses for claims resulting from attempted contact at the provided number.
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9. Intellectual Property
All website content, branding, logos, designs, text, images, and materials are the exclusive property of Prime Roses.
Unauthorized use, reproduction, distribution, or modification is prohibited.
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10. Disclaimer of Warranties
THE SERVICE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not guarantee:
• Exact product replication
• Uninterrupted website operation
• Error-free service
• Timely delivery during force majeure events
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11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
PRIME ROSES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
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12. Indemnification
You agree to indemnify and hold harmless Prime Roses, its owners, employees, and affiliates from claims arising from:
• Violation of these Terms
• Fraudulent disputes or chargebacks
• Misuse of the Service
• Violation of applicable laws
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13. Force Majeure
Prime Roses shall not be liable for delays or failure to perform resulting from events beyond reasonable control, including:
• Natural disasters
• Weather conditions
• Traffic congestion
• Supplier shortages
• Labor disruptions
• Government restrictions
• Power outages
• Carrier delays
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14. Dispute Resolution – Mandatory Arbitration
Before arbitration, you must submit written Notice of Dispute to:
primerosesla@gmail.com
Parties shall attempt informal resolution for 45 days.
If unresolved, disputes shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA).
Arbitration shall occur in Los Angeles County, California.
You waive the right to trial by jury.
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15. Class Action Waiver
Disputes must be resolved individually.
You waive the right to participate in class actions, collective actions, or representative proceedings.
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16. Governing Law & Venue
These Terms are governed by the laws of the State of California.
If arbitration is found unenforceable, exclusive jurisdiction lies in state or federal courts located in Los Angeles County, California.
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17. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Prime Roses.
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18. United States Only
The Service is intended for use within the United States. Access from outside the U.S. is at your own risk.
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Contact
Prime Roses
6450 Lankershim Blvd
North Hollywood, CA 91606
Email: primerosesla@gmail.com
Tel: (818) 928-0303
Tel: (818) 928-0303