PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
SCOPE OF SERVICES
Light and well agrees to fulfill a floral order for client(s) event, subject to the terms and conditions stated herein.
Delivery is available Monday-Friday, exclusions apply. All deliveries will be made between on the hours of 8am-8pm on the specific day that was chosen at checkout.
We want you to be satisfied. If you feel the item delivered is unsatisfactory, we will pick up and replace the product. Because of the perishable nature of flowers, all we ask is that you contact us within 24 hours of the delivery with details of your complaint.
Substitution may be necessary to ensure your arrangement is delivered in a timely manner. The upmost case and attention will be given to your order to ensure that is is as similar as possible to the requested item. There shall be no substitution in the size or shape of the arrangement.
All personal information you send are your private information and cannot be read by anyone else over the internet because of our secure checkout process.
We are concerned about your privacy and the security of your personal data. We have made a strong effort to ensure that your personal information is safeguarded and have instituted a comprehensive privacy and security policy.
All prices quoted are in United States Dollars (USD).
We accept the following credit cards for payment: Visa, Mastercard, American Express, Discover.
SERVICE CHARGE AND TAXES
All services are subject to automatic service charge and applicable sales taxes. This chare is percentage of the final amount. The service charge is not a tip or gratuity. Gratuities are not included and are voluntary.
RISK AND RESPONSABILITIES
Light and Well will not be held responsible for any lost or stolen goods after they have been delivered. Client agrees to release and hold Light and Well harmless, including any attorney fees and costs incurred from all claims, demands, suits or judgements from the use of Light and Well products or services including, but not limited to, any damages incurred, injury, or even death from client(s).
The client(s) has the opportunity to cancel to reschedule an order prior to the delivery date. There shall be no refund of fees or payments after the order is complete and the delivery has already been made.
Light and Well will not be held responsible for failure to provide the exact order specifications due to emergencies, pandemics, catastrophes, or interruptions of public utilities. Light and Well cannot be held responsible for power outages beyond its control. In the case of an unforeseen event, Light and Well will make a good faith effort to provide the order with any necessary adaptations. However, if unforeseen events do not allow Light and Well to provide a safe environment for it’s employee(s) or independent contractor(s), Light and Well will work with client to adapt the delivery or order specifications to allow for a safe working environment. An unforeseen event is not grounds for refund of payments made.
Neither party shall be held responsible or liable to the other party nor be deemed to have defaulted under or breached this contract for failure to delay in fulfilling or performing any obligation under this contract when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war (whether ware is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God, pandemics, omissions or delays in acting by any governmental authority, restrictions, and orders imposed by local or national governmental authorities; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall attempt to continue performance hereunder with reasonable dispatch whenever such causes are removed. Light and Well will provide the client(s) with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. The parties shall mutually seek resolution of the delay or failure to perform as noted above. A force majeure event is not grounds for refund of payments made, but instead, may constitute grounds for the rescheduling of your order delivery.
SEVERABILITY OF CONTRACT
Any failure by a party to enforce a provision of this contract does not constitute a waiver of any other provision of this contract
In the case of any dispute arising under this contract or agreement, which cannot be settled by reasonable discussion between the parties hereto, the parties agree that, prior to commencing any legal action or proceeding which exceeds the jurisdictional small claims limits, they will first engage the services of a professional mediator agreed upon by the parties and attempt in good faith to resolve the dispute through confidential non-binding mediation. Each party shall bear one-half (1/2) of the mediator’s fees and expenses and shall pay all of its own attorneys’ fees and expenses related to the mediation.
If a dispute between the parties cannot be resolved through the mediation-first process, and either party brings a legal action or proceeding to enforce or interpret any provision of this contract, in addition to any other applicable or available relief, the prevailing party in said action or proceeding shall be entitled to recover reasonable attorneys’ fees and costs incurred therein.
FINAL EXPRESSION OF CONTRACT
This contract, any written amendment hereto, including the Terms and Conditions addendum, and any amendment thereto, contain the entire understanding between client(s) and Light and Well. To change any aspect of this contract, the change must be done in writing and signed by the complete parties on the contract.