Terms & Conditions
Website Terms & Conditions of Use
Introduction
Welcome to Floret—we’re thrilled that you’re here! By visiting and using this website as well as all related websites operated by Floret (which includes https://www.floretflowers.com/ and https://workshop.floretflowers.com among others) (collectively the “Site”), you agree that you have read, understood, and agree to the following Website Terms and Conditions of Use (the “Terms and Conditions of Use”) by Floret LLC (“Floret” or “we” or “us”). Please note that the use of Floret’s online shop and access to Floret’s online workshop are governed by additional terms and conditions.
General Terms of Use
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are the property of Floret and/or its third party contracting partners. “Content” includes all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, text, coursework, training modules, trade names, trademarks, images and biographical information of people contained in the Site, and all copyright, trademark, and other proprietary rights attendant to the foregoing. Subject to your compliance with these Terms of Use, Floret hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicense-able, to access, view, and use the Site and the Content solely for your personal non-commercial purposes. No Content may be disclosed, copied, screenshotted, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted in advance by Floret. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Floret, as well as other authors who created the materials, and may be subject to monetary damages and penalties. Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. If you violate any part of Terms of Use, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of any Content.
2. The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by third parties. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
3. Floret has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Floret at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While Floret uses reasonable efforts to include accurate and up-to-date information in the Site, we make no warranties or representations as to its accuracy. Floret assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with Floret and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Floret. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions to us, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Floret. No submission shall be subject to any obligation of confidence on the part of Floret. Floret shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. We use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk. Please refer to Floret’s Privacy Policy for more information on how your information may be protected and stored.
8. Floret will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believe such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of Floret’s Privacy Policy.
9. All Content on the Site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Floret does not warrant or make any representations regarding the use of the materials in the Site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. Floret likewise does not warrant or make any representations or guarantees that you will earn any money using the Site or our workshops, technology, or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, and techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, we cannot and do not warrant or make any representations or guarantees regarding your success or income level as a result of our services. Floret does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this Site, the Content, and/or the materials available on this Site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. Floret shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. Floret reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. Floret also reserves the right to limit your use of the Site and/or the Content or to terminate your account should we determine that you have violated these terms of use, or that you have violated any other rules or conditions of Floret. Without limiting the foregoing, Floret reserves the right to refuse access to the Site and/or the Content, products and/or services to anyone in its sole discretion.
11. In no event shall Floret be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site, the Content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if Floret has been advised or is aware of the possibility of such damages.
12. You agree to indemnify and hold Floret and each of its members, managers, directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that we may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. Floret reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as may be reasonably requested.
13. The provisions of these Terms of Use are for the benefit of Floret, its subsidiaries and affiliates, and its third party contracting partners and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. The Site is based in the United States, and we make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
15. In the event of a dispute arising under or relating to these Terms of Use, the Content, or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration in Skagit County, Washington, governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website: www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Skagit County, Washington. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Notwithstanding the foregoing, nothing in these Terms of Use will prevent Floret from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
16. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to equitable relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the Superior Court of Skagit County, Washington, or the federal court in the Western District of Washington, for purposes of any such action by us.
18. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Our Commitment to Accessibility
Floret is committed to making our Site’s content accessible and user-friendly to everyone and we are working to continually improve our browsing and shopping experience. We are currently reviewing our site using WCAG 2.1 AA guidelines, with a focus on accessible navigation, correct alt text usage, readability of messaging/alerts, product content containers, and color contrast.
If you are having difficulty viewing or navigating the content on this Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email [email protected]. We would be happy to assist you in completing an order or answering questions in the way that works best for you.
Updates
Our Terms of Use may change from time to time and all updates will be posted on this page. Your continued use of the Site after we post any modifications to the Terms of Use on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms of Use.
Last Updated: October 25, 2023
Shop Terms & Conditions
Introduction
Welcome to Floret—we’re thrilled that you’re here! In order to avoid confusion and to clarify the rights and obligations between Floret LLC (“Floret” or “we” or “us”) and its online shop customers and website visitors (“you”), we require that all purchasers and visitors read and agree to these terms and conditions (the “Terms of Use”). Please read these Terms of Use carefully. By using or accessing the Floret Online Shop as well as all related websites operated by Floret (which includes https://www.floretflowers.com, https://shop.floretflowers.com, and https://library.floretflowers.com among others) (collectively the “Site”), you agree to these Terms of Use.
1. Payment for Online Orders
All online sales must be made by credit card, Apple Pay, or Paypal. Floret accepts payment from the following credit cards: Visa, Mastercard, American Express, and Discover. Acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards.
Once an order is submitted, Floret cannot change, modify or combine an order or change a method of payment.
2. International Orders
Floret offers limited international shipping. Please note that international orders may take up to a month to arrive and may be subject to additional restrictions or duties, which vary by country and the contents of your order. If you are placing an order from outside the United States, it is your responsibility to understand your country’s restrictions, duties, and any special requirements in order to receive imported goods and to ensure that your orders are in compliance with such requirements. If your country restricts packages based on the value of the contents, you must ensure that each order you place is within this limit. If you wish to order seeds or products that exceed that value, you should place separate orders, each within the limit. Floret has no control over additional fees and is not responsible for confiscated items, delayed orders, or any additional duties or taxes that may be imposed by your country’s customs office or other government agencies. Please note that all orders will be processed in U.S. currency.
Packages returned to Floret due to a failure or refusal to pay the duties or taxes are ineligible for a refund of shipping fees and will be subject to a 20% restocking fee.
Please see our Shipping & Delivery page for additional information about international shipping restrictions. The terms set forth on the Shipping & Delivery page are incorporated herein by this reference.
3. Seeds
All of the seeds we offer in our shop are of the highest quality and are tested frequently to ensure excellent germination. We guarantee that our seeds will grow and thrive. Please note: Our farm-bred Floret Original varieties are still works in progress and are not 100% uniform, so you will undoubtedly find a few off types in each mix.
For best results, please read our Seed Starting resource. We have found that many seed-starting problems can be remedied by setting up a proper seed-starting area before sowing any seeds. Using high-quality potting mix and providing adequate amounts of light, water, and consistent temperatures will be critical to seed starting success.
If your seeds do not perform after following our detailed instructions, please contact us immediately and we will happily send you replacement seed if available, or refund the purchase price. Our guarantee is limited to the purchase price of the seed only; shipping costs are nonrefundable. Floret is not liable for any damage or loss resulting from crop failure. Reports must be made within 2 weeks of discovering the problem and within 1 year of purchase.
4. Tools & Supplies
Due to their custom nature, our tools and supplies are non-refundable unless your order arrives damaged or incorrect. If items are damaged in transit or you receive an incorrect order, please notify [email protected] and we will replace them.
5. Apparel
Clothing items that have never been washed or worn may be returned within 10 days of purchase for a full refund. Shipping is non-refundable.
6. General Disclaimer and Limitation of Liability
Except as expressly provided in these Terms of Use, Floret makes no representation, guarantee, or warranty, either express or implied, regarding the use of the Site or the products sold through its online store, including their merchantability or fitness for any particular use. In no event shall Floret be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if Floret has been advised or is aware of the possibility of such damages.
7. Notices
When you register with Floret and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Floret. You consent to receive notices electronically by way of transmitting the notice to you by email.
8. Privacy and Security
Please refer to Floret’s Privacy Policy for more information on how your information may be protected and stored.
9. Commitment to Accessibility
Floret is committed to making our Site’s content accessible and user friendly to everyone and we are working to continually improve our browsing and shopping experience. We are currently reviewing our site using WCAG 2.1 AA guidelines, with a focus on accessible navigation, correct alt text usage, readability of messaging/alerts, product content containers, and color contrast.
If you are having difficulty viewing or navigating the content on this Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email [email protected]. We would be happy to assist you in completing an order or answering questions in the way that works best for you.
10. Third-Party Services
Floret shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. Floret reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption.
11. Indemnity
You agree to indemnify and hold Floret and each of its members, managers, directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) your use of the Site or any services that we may provide via the Site, and (iv) your conduct in connection with the Site. Floret reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as may be reasonably requested.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. The Site is based in the United States, and we make no claims concerning its accessor use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
13. Dispute Resolution
In the event of a dispute arising under or relating to these Terms of Use or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration in Skagit County, Washington, governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website: www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Skagit County, Washington. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Notwithstanding the foregoing, nothing in these Terms of Use will prevent Floret from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
14. Waiver of Class Action
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Miscellaneous Terms
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Workshop Terms & Conditions
The full text of the Terms & Conditions for the Floret Online Workshop can be accessed here.