Last Updated: August 29, 2023

These terms and conditions (these “Terms”) apply to your purchase, and sale by Marigold & Green, LLC (“M&G”), of floral bouquets, arrangements, subscriptions, and design services through M&G’s website, www.marigoldandgreen.com (the “Site”).

1.Floral Bouquets, Arrangements, & Subscriptions.

a.EVERGREEN SUBSCRIPTIONS. M&G offers recurring floral bouquet and arrangement subscriptions (each an “Evergreen Subscription”), which involves M&G’s monthly delivery of either a hand-tied bouquet or an arrangement in a Vase (as that term is defined below). The price for an Evergreen Subscription is based on whether you choose the hand-tied bouquet or arrangement in a Vase option and includes the cost of M&G’s delivery to you.

b. MONTHLY SUBSCRIPTIONS. M&G offers three (3)-month, six (6)-month, nine (9)-month, and annual pre-paid floral bouquet or arrangement subscriptions (each a “Prepaid Subscription”). The price of a Prepaid Subscription is dependent on whether you choose the hand-tied bouquet or arrangement in a Vase option and includes the cost of M&G’s delivery to you.

c.ONLINE ACCOUNT. When making an online purchase for any floral subscription offered by M&G through the Site, you will be prompted to fill out a subscription form, and you may elect to be added to M&G’s electronic newsletter. The subscription form will ask for details including but not limited to: your name, phone number, email address, floral subscription recipient name (if not you), delivery address, and the recipient’s phone number for purposes of coordinating delivery details. Further, when purchasing an Evergreen Subscription, you will be prompted to create an online account, which will add you to M&G’s electronic newsletter and enable you to view your subscription details and make modifications to your subscription (if necessary).

d.VASES & CONTAINERS. Sustainability is important to M&G. Unless you and M&G explicitly agree otherwise, if you purchase a floral arrangement or a subscription with a Vase, then M&G will deliver your arrangement in a vase or container chosen by M&G (collectively, a “Vase”). For floral arrangement subscriptions, M&G will pick up any Vases from previously delivered arrangements upon delivery of your arrangements. You may keep the Vase of the final arrangement in your subscription at no additional charge to you. Otherwise, all Vases are property of and owned by M&G and M&G reserves the right, in M&G’s sole discretion, to charge you $10.00 per vase for each unreturned or broken Vase.

e.CANCELLATIONS. FLORAL BOUQUETS, ARRANGEMENTS, AND PREPAID SUBSCRIPTIONS ARE NOT ELIGIBLE FOR CANCELLATIONS, CHANGES, OR REFUNDS. Evergreen Subscriptions automatically renew each month. If you do not wish to renew your Evergreen Subscription, then you shall email M&G at hello@marigoldandgreen.com or log onto your online account and choose the subscription cancellation option. Any cancellation of an Evergreen Subscription must be received in writing (by email or using M&G’s cancellation form) at least ten (10) days prior to M&G’s next scheduled delivery date. If M&G does not receive a written cancellation request from you ten (10) or more days before your next scheduled delivery date, then M&G will deliver your next scheduled delivery and then subsequently cease deliveries to you.

2.A La Carte Florals. M&G offers an assortment of a la carte florals in specific color palettes for small weddings and elopements (collectively, “A La Carte Florals”) that must be ordered directly through M&G by calling 206-880-1525 or emailing hello@marigoldandgreen.com. Orders for A La Carte Florals do not include M&G’s services to unpack or set up any items. All orders for A La Carte Florals must be placed with M&G at least fourteen (14) days in advance of your event. Additions (not substitutions or eliminations) may be made seven (7) or more days prior to your scheduled event date subject to M&G’s approval. M&G will request payment using QuickBooks invoicing. If your order of A La Carte Florals includes M&G’s drop-off delivery, then M&G will assess a delivery fee, which will be added as a line item to your invoice. M&G delivers to physical addresses in select zip codes within the Seattle metropolitan area ONLY; M&G does not deliver to PO Boxes. If you request multiple delivery locations and M&G agrees to accommodate your request, then M&G will assess additional fees for the other delivery locations that will be based on actual mileage from the original drop-off location. You shall ensure that a person is available to receive your flowers upon M&G’s delivery. Refunds for A La Carte Florals will be available provided you cancel your order more than thirty (30) days before your scheduled event date; orders canceled thirty (30) or less days before your scheduled event date will not be eligible for a refund. Any refunds issued to you by M&G will be subject to a $50.00 administrative fee charged by M&G. You may cancel an A La Carte Florals order by calling M&G or emailing M&G directly at hello@marigoldandgreen.com.

3.Floral Design & Care. If you purchase any florals from M&G, you acknowledge that the flowers M&G uses are based on seasonal and product availability. You also recognize and acknowledge that the floral images M&G uses on the Site may not reflect the actual flowers M&G will use in your floral bouquets or arrangements. The images M&G uses on the Site are representative of M&G’s style of arranging, aesthetic, and the seasonal florals M&G may use, and are for display purposes only. Unless you and M&G agree otherwise in writing, M&G makes no representations, warranties, or guarantees that specific flowers or Vases will be available and present in your bouquets and arrangements; M&G reserves the right to choose which flowers and Vases M&G uses in your bouquets and arrangements. You acknowledge that flowers are perishable with variable shelf lives. M&G may include care instructions with M&G’s delivery, which M&G recommends you follow. If you believe there to be issues with flowers delivered to you by M&G, then you shall contact M&G at hello@marigoldandgreen.com within twelve (12) hours of delivery and, whenever possible, provide photographs to document the issues.

4.Gift Cards. M&G offers gift cards of various amounts to be applied to future M&G purchases through the Site. Any gift card purchased through the Site shall be used within one (1) year from the purchase date.

5.Order Acceptance & Cancellation. You acknowledge and agree that your order is an offer to buy, under these Terms, all floral products and services listed in your order. Accordingly, all orders must be accepted by M&G or M&G will not be obligated to sell to you the floral products and services you ordered. M&G may choose not to accept orders for any reason and at M&G’s sole discretion (even if M&G sends you a confirmation email with your order details).

6.Prices & Payment Terms.

a.PRICES ARE SUBJECT TO CHANGE. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price M&G charges for a floral product or service and the price you shall pay is the price in effect at the time of your order, which will be set out in your order confirmation email. Price increases will only apply to orders placed after M&G’s price increases. While M&G strives to display accurate price information, M&G may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. M&G reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

b.PAYMENT.
i.Stripe. M&G accepts electronic payments through the Site using Stripe.
ii.Evergreen Subscriptions & Automatic Payments. If you purchase an Evergreen Subscription, then you authorize M&G to enroll you in M&G’s monthly automatic payments, which means M&G will, using Stripe, automatically and regularly charge the debit or credit card you used in making your first payment for the amount specified in your purchase order confirmation for your subscription. M&G will automatically send you a receipt to the email address you used to purchase your Evergreen when M&G processes an automatic payment. Otherwise, M&G will have no obligation to provide you with notice – written or otherwise – prior to charging you unless the amount of your subscription changes. In the case of a price change of your subscription, M&G will provide you with at least thirty (30) days’ notice. If, at any point, M&G is unable to successfully process an automatic payment for your Evergreen Subscription, then M&G will notify you and request updated payment details. You acknowledge that any delay in updating your payment details may result in M&G’s inability to deliver your subscription to you. All automatic payments are non-refundable.

c.TAXES & OTHER CHARGES. Unless explicitly stated otherwise on the Site, prices posted on the Site do not include sales tax or charges for delivery. Any applicable taxes, including destination-based sales taxes, or other charges, including delivery charges, will be added to your purchase subtotal, and will be itemized in your shopping cart and in your order confirmation email. Sales tax is assessed on your purchase subtotal, including delivery charges (if any).

7.Delivery; Title & Risk of Loss.

a.ALL DELIVERIES. M&G delivers to physical addresses in select zip codes within the Seattle metropolitan area ONLY; M&G does not deliver to PO Boxes. You will receive a delivery fee estimate by inputting the delivery date and address when making your purchase through the Site. If M&G provides you with a delivery time, you shall treat that time as an estimate. In making deliveries, M&G will attempt to make deliveries directly at your door. However, if no one is available to receive M&G’s delivery directly, M&G will attempt to leave the delivery in a protected location. If the delivery address is located in a secured area, then you shall provide M&G with instructions to access the delivery address when placing your order. M&G reserves the right to make changes to M&G’s delivery areas, dates, hours of operation, and costs at any time and in M&G’s sole discretion. If, for any reason outside of M&G’s control, M&G is unable to access the delivery address and make a delivery to you, then M&G will be under no obligation to make another delivery attempt or issue you any refunds. If M&G is able to reattempt a failed delivery, then M&G reserves the right to charge you an additional delivery fee.

b.SUBSCRIPTION DELIVERIES. Your purchase of a floral subscription includes the cost of M&G’s delivery of florals. For all floral subscription purchases, M&G’s deliveries will be based on M&G’s delivery schedule, which takes into account the duration and frequency of a subscription and the delivery address. M&G floral subscription delivery hours are between 10:00am PST and 6:00pm PST. M&G reserves the right to change its delivery schedule or the date or time of a delivery for any reason but will make commercially reasonable efforts to deliver your flowers to you in a timely fashion in the case of M&G changing your delivery date. If a scheduled delivery falls on a M&G “Holiday Week,” then M&G will deliver your flowers on the next available delivery date that does not occur within a Holiday Week.. M&G’s Holiday Weeks include: (i) the Monday prior to Thanksgiving through Black Friday; (ii) December 20 through January 3; (iii) February 12 through February 16; and (iv) the Wednesday immediately preceding Mother’s Day through the Tuesday following Mother’s Day. If you will be traveling or otherwise unable to accept a delivery from M&G, then you recognize that it is your responsibility to provide M&G with advance written notice and that you will not be entitled to receive a credit or a refund from M&G for missed deliveries if you do not provide M&G with such notice. M&G will accept no more than two (2) changes to a delivery address during a subscription period or for Evergreen Subscriptions. M&G will not deliver floral subscriptions to a new address if the recipient of the floral subscription changes. You shall provide M&G with advance written notice of an address change no less than ten (10) days before a scheduled delivery date. You shall send address change notices to hello@marigoldandgreen.com. You acknowledge that a change of the delivery address may affect M&G’s delivery date. In the case of more than two (2) address changes or your failure to provide M&G with timely notice of an address change or travel notification, M&G will be under no obligation to deliver flowers to you or issue you any refunds.

c.OTHER DELIVERIES. For all orders other than floral subscription bouquets and arrangements and “a la carte” florals, M&G delivers between the hours of 11:00am PST and 6:00 pm PST, Tuesday through Friday. Same-day delivery orders must be placed by 10:30am PST to secure delivery that day. If you wish to request a same-day delivery after 10:30am PST, you may call M&G at (206) 800-1525; however, M&G makes no guarantees that M&G can accommodate same-day delivery for any orders placed after 10:30am PST. If M&G can accommodate a same-day delivery order placed after M&G’s cutoff time of 10:30am PST, then M&G reserves the right to charge an additional fee for your delivery.

d.RISK OF LOSS. Title and risk of loss passes to you upon delivery. You cannot and shall not hold M&G responsible or liable for the condition of your flowers after M&G’s delivery.

8.Product Changes & Suspensions. All floral bouquets, arrangements, subscriptions, and design services offered for sale on the Site, as well as their descriptions and prices are subject to change at any time in M&G’s sole discretion. M&G reserves the right, at any time, to modify, suspend, or discontinue the sale of any floral bouquets, arrangements, subscriptions, and design services without any resulting liability to you or any third party. In the case of M&G’s suspension or discontinuation of any floral arrangements, bouquets, subscriptions, or design services that you have purchased and paid for, M&G will issue you a refund to the payment method you used when making the purchase or M&G will issue you a credit towards a future purchase at M&G. Any credits issued to you will be non-transferable, have no cash value, and expire within two (2) years of M&G’s issuance.

9.Returns & Refunds. ALL PURCHASES MADE THROUGH THE SITE ARE FINAL. M&G does not accept returns of flowers and does not issue refunds or exchanges for purchases of flowers or gift cards.

10.Warranties & Disclaimers. ALL FLORAL PRODUCTS AND SERVICES OFFERED FOR SALE BY M&G THROUGH THE SITE AND PROVIDED TO YOU BY M&G ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

11.Limitation of Liability. M&G’s sole and entire liability and your sole and exclusive remedy will be limited to the actual amount paid by you for the floral products and services you purchase through the Site. Provided, this limitation of M&G’s liability will apply to the extent permitted by law and will not apply to liability resulting from M&G’s gross negligence or willful misconduct.

12.Florals Not for Resale. You represent and warrant that you are buying floral products or services from M&G through the Site for your own personal, event, or household use only, and not for resale.

13.Privacy. M&G respects your privacy and is committed to protecting it. M&G’s Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of floral products or services from M&G through the Site.

14.Acceptance of Terms. If you do not agree with these Terms, then you are expressly prohibited from using the Site and purchasing anything from M&G through the Site.

15.Changes to Terms. These Terms are subject to change by M&G at any time without notice and in M&G’s sole discretion. Any changes to the Terms made by M&G will be in effect as of the “Last Updated” date referenced on the Site. Supplemental terms and conditions or documents that may be posted on the Site from time to time will be incorporated into these Terms by reference. It will be your responsibility to review these Terms before purchasing any floral bouquets, arrangements, subscriptions, or design services sold by M&G through the Site. Your continued use of the Site after the Last Updated date will constitute your acceptance of and agreement to any changes M&G makes to these Terms.

16.Governing Law & Jurisdiction. The Site is operated from the United States. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington to apply. Subject to the arbitration provisions in these Terms, you and M&G shall bring any adversarial proceedings to resolve any dispute arising out of or relating to these Terms in any state or federal court in King County, Washington.

17.Dispute Resolution & Binding Arbitration. In the event of a dispute that arises out of or relates to these Terms, you and M&G shall make a good faith effort to resolve the dispute cooperatively. If you and M&G cannot resolve a dispute cooperatively, then you and M&G shall resolve the dispute by binding arbitration. Any arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA’s then effective rules, and it will be held in Seattle, Washington. There will be one (1) arbitrator who will be a business lawyer or someone who has alternate qualifications that are mutually agreeable to you and M&G. If you and M&G cannot agree on an arbitrator, then you and M&G shall each appoint an arbitrator who will jointly decide on a final arbitrator to oversee your arbitration proceedings. Judgment on the arbitrator’s award may be entered in any court having competent jurisdiction. The resolution of the disputed matter, as determined by the arbitrator, will be final and binding on you and M&G. You and M&G will initially pay for fifty percent (50%) of the costs of arbitration, but you and M&G may request that the arbitrator award attorneys’ fees and costs to the substantially prevailing party in the arbitration.

18.Assignment. You shall not assign any of your rights or delegate any of your obligations under these Terms without first obtaining M&G’s written consent. Any assignment or delegation in violation of this Section is null and void. Any authorized assignment or delegation by M&G will not relieve you of any of your obligations under these Terms.

19.No Waivers. M&G’s failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision by M&G. The waiver of any right or provision will be effective only if in writing and signed by an authorized representative of M&G.

20.No Third-Party Beneficiaries. These Terms do not, and are not intended to, confer any rights or remedies upon any person other than you.

21.Notices.

a.TO YOU. M&G may provide any notice to you under these Terms by sending a message to the email address associated with your purchase or by posting on the Site. If the notice is personal and specific to you, then M&G will send you an email. Notices sent by email will be effective once M&G sends the email provided M&G does not receive a delivery failure notification. Notices posted to the Site will be effective upon M&G posting the notice provided the webpage featuring the notice is live and viewable. It is your responsibility to keep your email address on file with M&G current.

b.TO US. To give M&G notice under these Terms, you shall email hello@marigoldandgreen.com. Notices you send to M&G by email will be effective once M&G acknowledges receipt.

22.Severability. If any provision of these Terms is determined to be invalid, illegal, void, or unenforceable, then those provisions will be severed from these Terms. However, any such severance will not affect the validity or enforceability of the remaining provisions of these Terms, which will remain in full force and effect.