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Terms & Conditions

 

GENERAL

By accessing or using any part of the site and/or purchasing a product from us and/or using our services, you agree to be bound by the below Terms & Conditions as well as any additional policies provided on this website including those referenced herein and/or available by hyperlink such as our Privacy Policy.

The most current version of our Terms & Conditions can be viewed at any time on this page. We reserve the right to modify, change or update these Terms & Conditions from time to time. You are responsible for ensuring you are aware of any updates or amendments.

 

PERSONAL INFORMATION

We respect and protect the privacy of our users. We will collect, store, use and disclose any personal data provided by you in accordance to our Privacy Policy. 

 

ORDERING

Orders can be placed online, over the phone by calling the shop at 629.203.7160 or our cell at 615.635.7080, or in person at the shop. We do not take orders via e-mail or text message. By placing an order, you are expressly agreeing to our Terms & Conditions and Privacy Policy.

Once an order has been successfully placed, the sender will receive a confirmation email with the details of the order. It is the sender's responsibility to review the information in the email carefully, including the delivery address and recipient details to ensure all is correct. Sender should contact us immediately if any information is incorrect to ensure the order is processed correctly. We will not be held responsible for any errors made during the order entry process by the sender.

Orders can be placed up to three months in advance. Orders must be placed by noon (12:00pm) the day prior to delivery or pick-up. For more delivery details, please view the Delivery & Pick-Up Conditions section below.

For same day delivery and pick-up or special requests for next day-delivery after the noon cut-off time, please call the shop and we will do our best to accommodate.

By using our website, you agree that you are 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through this Site.

 

PRICING, PAYMENT & SALES TAX

All prices listed are in USD $. All prices shown do not include applicable Delivery Fees or Tennessee State Sales Tax. We will automatically charge and withold the applicable sales tax for all orders delivered in Tennessee.

Prices and delivery fees are subject to change without prior notice and may increase during peak seasons such as Valentine’s Day and Mother’s Day.

For all orders placed online, over the phone, or in store, we accept Visa, Mastercard, American Express, Venmo, Google Pay and Apple Pay.

Shopify provides us with the online e-commerce platform that allows us to sell our products to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Your data is stored on a secure server behind a firewall.

For events and contract payment terms, please refer to your 'Event' or 'Contract' Agreement signed to commence service.

 

CANCELLATIONS

If a cancellation is necessary, sender must make a cancellation 24 hours before it is set to go out for delivery. Cancellations can only be made by calling the shop. We do not accept email or text message cancellations.

 

PROMOTIONAL CODES & OTHER CREDITS

Promotional codes are non transferrable and not redeemable for cash. Discounts are applied to the subtotal prior to Delivery Fees and applicable Tennessee Sales Tax. Promotional codes must be redeemed prior to the expiry date (if there is one). Any balance and/or discount remaining after the expiry date is forfeited.

Promotional codes may not be used in conjunction with any other promotional code or special being offered. Penn Designs, LLC d/b/a Lillian's Floral Studio reserves the right to change or withhold use of these codes at any time.

Our newsletter sign-up code can only be used on a product price valued greater than $75 in price and the discount is not applicable to Delivery Fee or Taxes.

Credits on your account resulting from our vase recycling program are only valid up to 6 months from the date credited.

 

DELIVERY & PICK-UP POLICY

Orders can be placed up to three months in advance. Orders must be placed BY noon (12:00pm) the day prior for delivery or pick-up on the following day. Any orders placed AFTER noon (12:00pm) will be delivered or be available for pick-up the second following day. For example, for an order placed at 11:00am on Wednesday, the order will be delivered or available for pick-up Thursday. For an order placed at 3:00pm on Wednesday, the order will be delivered or available for pick-up on Friday. All delivery orders placed on Friday will be delivered, at the earliest, Monday of the following week. All Saturday pick-up orders must be placed before noon (12:00PM) Friday.

For same day deliveries and pick-up orders or special requests for next day-delivery after the noon cut-off time, please call the shop and we will do our best to accommodate.

Deliveries take place between 2:00PM to 5:00PM on Monday and 11:00AM to 5:00PM Tuesday through Friday. We currently do not make deliveries on Saturday or Sunday except for special holidays which may require us to do so (i.e. Valentine's Day, Mother's Day, etc.). Extended delivery hours will be shared on our website or via our social media channels.

Pick-up orders may be collected starting 2:00pm on Monday through Saturday during regular store hours.

Deliveries are available to the Metro Nashville area and surrounding suburbs such as Belle Meade, Forest Hills, Oak Hill and Brentwood. Delivery charges are calculated at checkout according to delivery address and distance from our shop. Delivery fees start at $9.50 for a majority of the Metro Nashville area and deliveries to surrounding suburbs or beyond start at $12.50 and increase correspondingly based on distance from our shop. You may call or message us with your recipient's address to confirm if it is within our delivery area and the corresponding delivery fee prior to placing an order. For delivery to addresses that are not available at checkout, please give us a call to discuss individual delivery schedules and charges. There is no fee for pick-up orders.

If a specific delivery time is required please contact us before placing your order to ensure we can accommodate your request. Additional charges may apply.

If no one is available to accept the delivery, out driver will first contact the sender in an attempt to get a hold of the receipient and if unsuccessful, will contact the recipient directly. If our delivery driver determines it is possible (given outdoor temperature, time until collection, etc.) to leave the order in a safe place, s/he will seek approval to do so from sender or recipient. Sender and recipient understands that if they have approved leaving the order in a safe place, Lillian's Floral Studio is not responsible for any damages or detriment caused to the arrangement nor its shelf life. If delivery to the recipient or safe place is not possible, we will require a re-delivery and additional delivery charges will apply. A re-delivery will be scheduled when confirmed by either sender or recipient and for the earliest delivery date and time we have available.

 

SUBSTITUTION POLICY

All images shown on this site are for representation purposes only. Your selection when ordering reflects a style and color palette only, not a specific combination of blooms. All our flowers are selected fresh from market and due to seasonal availabilities, some flowers and plants may be substituted for a flower or plant of equal beauty, quality and price.

Flowers and plants are natural products and therefore may vary slightly in size and color to those pictured. Each bouquet or arrangement is made by hand and organic in nature, therefore no two orders will look the same.

By accepting these Terms & Conditions you accept that there may be variations between images on this site and the products delivered.

 

REFUND POLICY

Flowers and plants are by nature, perishable products. We take the utmost care to ensure that every order leaving our shop is in perfect condition. With each order, we also include our Flower Care Card <Link> to ensure your the floral product last as long as possible. We cannot guarantee freshness or lifespan of items that have not been properly cared for. All quality claims must be made within 24 hours of pick-up or delivery. The original product must be presented in-person at the shop or detailed photos emailed to us at shop@lilliansfloralstudio.com. We will work with you on a fair resolution at our discretion.

If you received the wrong item, please contact us immediately and we will work with you on a fair resolution.

If you need to return a new and unused retail item or non-floral product (i.e. book, vase, candle, etc.), a refund to your original method of payment is offered within 10 days of purchase with a receipt. For any returns made beyond 10 days of purchase, you may make an exchange or receive store credit for the amount shown on your receipt or in the case of no receipt, the amount of the current sale price of the returned item.

 

FORCE MAJEURE

Penn Designs, LLC d/b/a Lillian's Floral Studio shall be liable for any failure to perform or delay to perform, if that failure or delay is due to circumstances that is unforeseeable and beyond our reasonable control; these circumstances to include but not be limited to accidents, extreme weather, flood, fire, traffic congestion, riot, terrorism, strikes - including acts of God, natural disasters or any change in laws or regulations (“Force Majeure Event”).

 

INTELLECTUAL PROPERTY

All content on this site including the website design, photographs, images, text, video, graphics, illustrations, proposals, workshops and product design are the intellectual property of Penn Designs, LLC d/b/a Lillian's Floral Studio and our third-party creative partners / photographers, protected by U.S. and international copyright laws. You may not reproduce, modify, distribute, transmit, republish or display any of the content contained within this site without prior written consent and authorization from Penn Designs, LLC d/b/a Lillian's Floral Studio.

All photographs on this site from third-parties credit the photographer where possible. If you have reason to believe your work is being used on this site without your permission please contact us directly to resolve the issue.

This site is for personal and non-commercial use only. A single copy of images and/or content may be downloaded for personal use only as long as you agree not to remove any copyright, trademark or other proprietary notices from the materials downloaded. If shared to third-parties including your personal social media accounts you must acknowledge Lillian's Floral Studio and/or our third-party creative partners / photographers as the rightful owner and source of the material.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, orders, delivery information, product care or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

LIMITATION OF LIABILITY

You agree that, except as explicitly set forth herein, Penn Designs, LLC d/b/a/ Lillian's Floral Studio, its directors, officers, employees, representatives, successors, licensors, and suppliers shall not be liable to you or any third party for any of the following types of damages related in any way to our relationship with you (including our products, services, or site content) or third-party materials or web sites: indirect, exemplary, special, incidental, punitive or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, related to our products or your access to, and use of, our sites or any other hyper-linked third party web site, even if we have been advised of, or are aware of, the possibility of such damages.

Notwithstanding the anything to the contrary, our liability to you for any damages arising from or related in any way to our relationship with you (including our products, services, or site content), or third-party materials or web sites (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount paid to Penn Designs, LLC d/b/a Lillian's Floral Studio for the applicable transaction giving rise to the liability, or, if there is no paid transaction related to the liability, the lesser of the amounts paid by you to Penn Designs, LLC d/b/a Lillian's Floral Studio in the prior twelve (12) months and fifty dollars ($50 USD).

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

 

INDEMNITY

By using any one of our web site, you agree to indemnify and hold Penn Designs, LLC d/b/a Lillian's Floral Studio, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of such website, including providing a link to another site or your violation of these Terms and Conditions.

 

SEVERABILITY

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.

 

ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy, Delivery & Pick-Up Policy, Substituion Policy and Return Policy and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and Penn Designs, LLC d/b/a Lillian's Floral Studio with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Penn Designs, LLC d/b/a Lillian's Floral STudio with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

No joint venture, partnership, employment, or agency relationship exists between you and Penn Designs, LLC d/b/a Lillian's Floral Studio as a result of these Terms and Conditions or your use of this site. The waiver by Penn Designs, LLC d/b/a Lillian's Floral Studio of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.

 

APPLICABLE LAW

This site is created and controlled by Penn Designs, LLC d/b/a Lillian's Floral Studio in the State of Tennessee, USA. Accordingly, the laws of the State of Tennessee will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.