Terms of Service for Secret Flowers
Last Updated: June 22, 2025
Welcome to Secret Flowers. These Terms of Service ("Terms") govern your access to and use of our website, any associated mobile applications, and our affiliated online services (collectively, the "Service").
By accessing or using our Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
NOTICE REGARDING MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION: These Terms include a binding arbitration clause and a class action waiver. This provision affects how disputes between you and Secret Flowers are resolved. You are giving up your right to go to court, including the right to a jury trial and to participate in a class action. Please read this section carefully.
1. User Accounts and Eligibility

• Account Creation: To use certain features of our Service, you may need to register for an account. To be eligible, you must be at least 18 years of age. You are not permitted to use the Service if you have been previously suspended by Secret Flowers or are under the age of 18.
• Your Representations: By creating an account, you represent that you have the legal capacity and authority to enter into and abide by these Terms.
• Account Security: Your account is for your personal use only. You are responsible for maintaining the confidentiality of your account credentials, including your password. You may not authorize others to use your account, nor may you assign or transfer your account to any other person or entity. You agree to take responsibility for all activities that occur under your account.
• Required Information: To create an account, you will be asked to provide information such as your name, a password, a valid email address, a physical mailing address, and phone number(s). The collection and use of this information are governed by our Privacy Policy. Providing false or inaccurate information may result in the termination of your account. Only one account per individual is permitted.

2. User Submissions

• Ownership and License: When you submit comments, feedback, information, images, or other data to our Service ("Submissions"), you grant Secret Flowers ownership of that content. For images you upload, while you may retain copyright ownership, you grant Secret Flowers a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and create derivative works from those images in any media. You affirm that you have the right to grant us this license. Secret Flowers is free to use and share these Submissions for any purpose without restriction.
• Your Responsibility: You are solely responsible for the Submissions you provide. You confirm that your Submissions are legal, reliable, appropriate, and original, and that you own or have the rights to provide them.
• Prohibited Content: You agree not to post any Submission that is:
• Defamatory, libelous, abusive, harassing, threatening, or an invasion of another person's privacy.
• Promoting bigotry, hatred, racism, or is otherwise offensive.
• Violent, vulgar, obscene, pornographic, or sexually explicit.
• Harmful or could reasonably be expected to cause harm to any person or entity.
• Right to Monitor and Remove: Secret Flowers has the right, but not the obligation, to monitor, refuse to post, or remove any Submission that violates these Terms. We may also disclose your identity or other personally identifiable information to third parties if we believe in good faith that such disclosure is necessary to (i) comply with legal processes, such as a court order or subpoena, or (ii) enforce these Terms and protect the safety or security of any person or property. We reserve the right to remove Submissions at any time for any reason.
• Consent for Images: All Submissions must comply with all applicable laws, including rights of privacy and publicity. You may not upload an image or likeness of another person without their explicit consent (or the consent of a parent or guardian for minors under 18). Violating this may result in the suspension or termination of your account.

3. General Provisions

• Accuracy of Information: We strive to ensure that information on the Service is complete, accurate, and current. However, despite our best efforts, information may occasionally be inaccurate, incomplete, or out-of-date. We do not make any representation as to the completeness or accuracy of any information on the Service.
• Intellectual Property: All materials provided on the Service, including information, text, images, graphics, logos, sounds, and other content ("Materials" or "Content"), are the property of Secret Flowers or its partners and licensors, and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted are reserved by Secret Flowers.
• Restrictions on Use: You may not modify, copy, reproduce, distribute, republish, download, display, post, or transmit any Content in any form without the prior express written permission of Secret Flowers. You may not "mirror" or archive any Content on any other server. Any attempt to sublicense, assign, or transfer the limited license granted herein is void.
• No Implied License: Nothing on the Service should be interpreted as granting any license or ownership right to the Materials, whether by estoppel, implication, or otherwise.
• Compliance with Law: Any unauthorized use of our Content may violate copyright laws, trademark laws, and other regulations. You are responsible for complying with all applicable federal, state, and international laws.

4. Termination of Use
Either you or Secret Flowers may suspend or terminate your account or your use of the Service at any time, for any reason or for no reason. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.
5. SMS/MMS Mobile Messaging Program

• Opting In: By affirmatively opting into our SMS/MMS mobile messaging program ("Program"), you agree to these Terms. You consent to receive autodialed or prerecorded marketing messages at the phone number you provide. You understand that your consent is not a condition of any purchase. Message and data rates may apply.
• Opting Out: If you wish to stop participating in the Program, you must opt out by following the instructions provided in the text messages (e.g., by texting "STOP"). This is the only reasonable method for opting out. Any other method, such as verbally requesting an employee to remove you, is not considered a valid means of opting out. You may receive one final confirmation message.
• Duty to Notify: If you plan to stop using the mobile number subscribed to the Program (e.g., you cancel your plan or transfer the number), you agree to complete the opt-out process before you stop using the number. This is a material term of this agreement. You agree to indemnify Secret Flowers for any costs or liabilities (including attorneys' fees) incurred as a result of claims brought by the new owner of a phone number that you failed to unsubscribe. This duty survives any termination of your participation in the Program.
• Disclaimer: The Program is offered "as-is" and may not always be available or functional. We are not liable for delays or failures in message receipt, which is subject to your wireless carrier's network.

6. Third-Party Links
Our Service may contain links to websites controlled by parties other than Secret Flowers. We are not responsible for and do not endorse the content or use of these third-party websites. We provide these links for convenience only, and your use of them is at your own risk.
7. Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, SECRET FLOWERS AND ITS THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. SECRET FLOWERS IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SECRET FLOWERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE.
9. Dispute Resolution: Mandatory Arbitration and Class Action Waiver
This section governs how any claim or dispute ("Dispute") you may have with Secret Flowers will be resolved. Please read it carefully.

• Step 1: Notice of Dispute. Before initiating arbitration, you must first give us an opportunity to resolve the Dispute. You must send a written "Notice of Dispute" to us at [Insert Your Customer Service Email Here]. The notice must include your name, address, contact information, the facts of the Dispute, and the relief you are requesting. Upon receipt, we will have forty-five (45) days to try and resolve the Dispute through informal negotiation.
• "Dispute" Definition: The term "Dispute" has the broadest possible meaning and includes any controversy or claim between you and us relating to the Service or these Terms, under any legal theory (contract, tort, warranty, statute, etc.).
• Step 2: Binding Arbitration. If the Dispute is not resolved within 45 days, you and Secret Flowers agree that the Dispute will be resolved through final and binding arbitration, not in a court. This agreement is governed by the Federal Arbitration Act. By agreeing to this, you are waiving your right to a trial by judge or jury. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.
• Class Action Waiver. All proceedings to resolve a Dispute will be conducted solely on an individual basis. You agree not to bring or participate in any class action, private attorney general action, or consolidated action. An arbitrator will not have the authority to hear such claims. If this class action waiver is found to be unenforceable for some parts of a Dispute, those parts will be severed and proceed in a court of law, while the remaining parts will proceed in arbitration.
• Costs: If you initiate arbitration, we will reimburse you for the standard filing fee upon receiving written notice of the arbitration demand. If we are the prevailing party, we may seek to recover our attorneys' fees and costs as permitted by the arbitrator and applicable law.
• Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in the Small Claims Court of Sacramento County, California, provided the Dispute meets the court's requirements.
• Choice of Law & Venue. These Terms are governed by the laws of the State of California. If the arbitration agreement is found not to apply, you agree that any legal action will be resolved exclusively in a state or federal court located in Sacramento County, California, and you submit to the personal jurisdiction of such courts.

10. Miscellaneous

• Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Secret Flowers regarding the use of the Service.
• Changes to Terms: We reserve the right to change these Terms at any time. Any changes will be effective immediately upon posting to this page. You should review these Terms periodically. Your continued use of the Service after changes are posted constitutes your consent to the new Terms.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be construed to reflect the original intentions of the parties, and all other provisions will remain in full force and effect.
• Assignment: You may not assign these Terms without the prior written consent of Secret Flowers.
• United States Only: The Service is intended for use solely within the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

11. Contact Information
If you have any questions about these Terms, please contact us at:
Email: sales@secret-flowers.com

Privacy Policy for Secret Flowers
Last Updated: June 22, 2025
Your privacy is important to us at Secret Flowers. This Privacy Policy explains how Secret Flowers ("we," "us," or "our") collects, uses, maintains, and discloses information from our users ("you"). This policy applies to the Secret Flowers website, any associated mobile applications, and all related services we offer (collectively, the "Service").
By accessing or using our Service, you signify your understanding and acceptance of the terms outlined in this Privacy Policy and our Terms of Service. If you do not agree with this policy, please do not use our Service. Your continued use of the Service after any changes are posted will be considered your acceptance of those changes.
This Privacy Policy is a binding agreement and is not open to individual negotiation. We reserve the right to modify this policy at any time. When we do, we will update the "Last Updated" date at the top of this page. We may also provide notice of significant changes on our website or via email. We encourage you to review this page periodically to stay informed about our privacy practices.
1. Information We Collect
We collect information to provide and improve our Service. The types of information we collect fall into two categories:

• Information You Provide to Us: When you use our Service, such as when you create an account, place an order, or contact us, you may provide us with "Personal Information" that can be used to identify or contact you. This may include:
• Your full name
• Your email address
• Your physical mailing and shipping addresses
• Your phone number and mobile phone number
• Your date of birth
• Account credentials, such as a username and password
• Information We Collect Automatically: As you interact with our Service, we may automatically collect certain "Usage Information" to help us understand how our Service is used. This may include:
• Log and Device Data: Our servers automatically record information that your browser or device sends. This may include your computer's Internet Protocol (IP) address, device type, browser type, geo-location data, cellular carrier, the webpage you visited before coming to our Service, and the source that referred you to us (e.g., an ad, social media, or search engine).
• Activity Data: We may collect data about your interactions with the Service, such as session duration, the pages you view, the searches you conduct, the actions you take, and the time and date of your visits.
• Do Not Track Signals: Our Service is not currently configured to respond to "Do Not Track" (DNT) signals from web browsers.

2. How We Use Your Information
We use the information we collect for various purposes, including:

• To Provide and Improve Our Service: We use your information to fulfill your orders, manage your account, provide customer support, and for technical administration to ensure our Service is functioning correctly.
• To Personalize Your Experience: Understanding your needs and interests helps us tailor our Service's content and functionality to you.
• For Marketing and Communications: We may use your information to send you newsletters, emails, text messages, or push notifications with offers, product announcements, or promotional materials from Secret Flowers and our trusted partners. You can opt-out of these communications at any time:
• Emails: Follow the "unsubscribe" link at the bottom of the email.
• Text Messages: Follow the opt-out instructions provided in the text message. Standard message and data rates may apply.
• Push Notifications: Adjust the settings on your mobile device.
• Please note that even if you opt out of promotional messages, you will still receive essential transactional communications related to your orders or account.
• For Analytics: We analyze Usage Information to monitor the performance of our Service, understand user behavior, and generate useful data about our customers' interests and characteristics. We may also combine the information we collect with data from other sources, such as our partners or publicly available information, for research and marketing analysis.

3. Sharing and Disclosure of Information
Secret Flowers does not sell your Personal Information. However, we may share it with third parties under the following circumstances:

• Service Providers: We may employ third-party companies and individuals to perform services on our behalf. These services may include payment processing, database management, web analytics, marketing assistance, and maintenance services. These third parties will have access to your Personal Information only to perform these specific tasks for us and are obligated not to disclose or use it for any other purpose.
• Compliance with Laws and Law Enforcement: We will cooperate with government and law enforcement officials. We reserve the right to disclose any information about you if we believe in good faith that it is necessary or appropriate to respond to claims and legal processes (like subpoenas), to protect the property and rights of Secret Flowers or a third party, to ensure the safety of the public or any person, or to prevent or stop any activity we consider to be illegal, unethical, or legally actionable.
• Business Transfers: In the event of a merger, acquisition, bankruptcy, reorganization, or sale of assets, Secret Flowers may sell, transfer, or share some or all of its assets, which could include your Personal Information. Information transferred to a new entity may become subject to that entity's privacy policy.
• Third-Party Policies: This policy does not cover the privacy practices of third parties. Our Service may link to other websites, and we are not responsible for their privacy or security practices. We encourage you to review the privacy policies of any third-party sites you visit.

4. Data Security
The security of your Personal Information is important to us. You are responsible for safeguarding your password and preventing unauthorized access to your account. Please notify us immediately of any unauthorized use of your account. We implement reasonable administrative, physical, and electronic measures designed to protect your information from unauthorized access. However, no method of transmission over the Internet or method of electronic storage is 100% secure.
5. Our Policy Toward Children
Our Service is not directed to or intended for use by individuals under the age of 18. We do not knowingly collect any personal information from children under 18. If we become aware that a child has provided us with Personal Information without parental consent, we will take steps to delete such information from our files.
6. Information for Users Outside the United States
Our Service is hosted on servers located in the United States. If you are accessing the Service from another region, your personal data will be transferred to the United States. By providing your information, you consent to this transfer, processing, and maintenance in accordance with this Privacy Policy and agree to the application of United States law in all matters concerning the Service.
7. Your California Privacy Rights
Pursuant to California Civil Code Section 1798.83 ("Shine the Light" law), California residents with whom we have an established business relationship can request information once a year about sharing their personal information with third parties for those third parties' direct marketing purposes. To request a copy of this information disclosure, please contact us at the email address below. Please allow at least 30 days for a response.
8. Legal Disclaimer
This Service operates on an "AS-IS" and "AS-AVAILABLE" basis, without warranties of any kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of the State of California. Any legal action against us related to the Service must be commenced in Sacramento County, California.
9. Contact Us
This Privacy Policy is part of our Terms of Service. If you have any questions about this policy or our privacy practices, please contact us.
Email: sales@secret-flowers.com

Substitution, Refund/Return and Cancellation Policy for Secret Flowers

Customer Policies for Secret Flowers
At Secret Flowers, we are dedicated to delivering beautiful, high-quality floral arrangements and gifts while providing excellent service. Our goal is to ensure that your thoughtful sentiments are conveyed on time and as fresh and beautiful as possible. These policies are in place to ensure clarity and a smooth experience for all our valued customers.

Substitution Policy
The essence and beauty of every arrangement are our top priority. Due to the perishable nature of flowers, seasonality, and market availability, substitutions are sometimes necessary to ensure your gift is delivered fresh and on time.

• Fresh Flower Arrangements: We make every effort to maintain the "look and feel" of the arrangement shown on our website by considering the overall style, theme, color scheme, and value. In some instances, our photos represent a general theme and may include a unique vase that cannot be exactly replicated. If a substitution is required, we will use flowers and containers of equal or greater value.
• Single-Variety Arrangements: For arrangements of a single flower type, like a dozen roses or a bouquet of daisies, our primary commitment is to the flower type. If necessary, we may substitute for a different color of that same flower rather than a different flower type.
• Plants: For green and blooming plants, we may substitute with a similar plant of equal or greater value. For one-of-a-kind plants like orchids, we will do our best to match the plant type but may substitute for a different color. The container will be as close to the one pictured as possible.
• Special Occasions: For important events like funerals, anniversaries, or birthdays, timely delivery is crucial. If the specific flowers you ordered are unavailable and we cannot reach you at the contact number or email you provided, we will make a substitution of equal or greater value to ensure your gift arrives on schedule.

Important Note: If any design element or specific flower is of major importance to your order, please include this information in the "florist instructions" at checkout or call us directly at (916) 420-3641 to confirm availability.

Cancellation Policy
To provide you with the best possible service, we allow you to cancel your order at any time prior to delivery.
If the order is already en route with our driver or has been delivered, we will be unable to process the cancellation. To cancel an order, please call our shop directly at (916) 420-3641 for immediate assistance.

Return & Refund Policy
Your satisfaction is our goal. As flowers are perishable goods, we have established the following policy to handle any issues that may arise.

• 24-Hour Quality Guarantee: All issues regarding quality must be reported to us within 24 hours of delivery. Please call us at (916) 420-3641 or email us at sales@secret-flowers.com. If calling after business hours, please leave a detailed message with your name, order information, and the best time to reach you. We will contact you the next business day.
• Resolution Process: We do not issue cash refunds. If an item is damaged or its quality was affected during shipping, we will happily send a replacement. If the issue cannot be fully resolved with a replacement, an in-store credit may be offered.
• Grounds for Return: Returns are accepted on a "quality" basis only. We cannot accept returns for issues related to style preference or "not liking" an arrangement. If you are ordering flowers for someone else, please be sure you are choosing something you believe they will enjoy.
• Recipient's Responsibility:
• Care: To ensure longevity, flowers must be cared for properly. It is the recipient's responsibility to add water and re-cut the stems as needed. Arrangements that are not cared for will not be eligible for replacement.
• Availability: As the sender, it is your responsibility to ensure the recipient will be at the delivery location on the specified date. We are not responsible for arrangements where the recipient was out of town or left their workplace early. In such cases, a refund or replacement will not be issued, as we have fulfilled our obligation to deliver on the requested date.

Questions & Contact
We make every effort to ensure you receive excellent service. If you have any questions or concerns about an order or our policies, please contact us directly.

• Phone: (916) 420-3641
• Email: sales@secret-flowers.com

Our Guarantee and Delivery Policies

Our Guarantee to You
Every order is important to us because we know how important it is to you. At Secret Flowers, we are committed to pleasing every customer with beautiful, high-quality flowers and accommodating service.
We understand that flowers are a natural, perishable product and that each floral gift is handmade. We make every effort to ensure the quality, accuracy, and beauty of our work. Many variables can affect how long a flower will last, and we welcome your comments and inquiries as we constantly seek to improve our floral performance.
If you are not completely satisfied with the quality of one of our products, please contact us immediately, and we will promptly take the appropriate action to make it right.

• Taxes & Pricing: Taxes are based on the prevailing rates in our store's location. All prices on our website are presented in USD unless otherwise noted.

Delivery Policies
We always do our best to accommodate our customers’ delivery needs. However, to ensure a smooth experience for everyone, please review the following policies.

Delivery Timing
While we strive to meet your delivery needs, we are not always able to guarantee delivery at a specific time of day, especially during busy holiday periods like Valentine's Day and Mother's Day.

• To request a specific delivery time, please type it into the "Special Delivery Instructions" field during checkout, and we will do our best to accommodate it.
• Before major holidays, we strongly recommend placing your orders several days in advance to ensure timely delivery.

If the Recipient Is Not Home
To ensure your gift is received successfully, our standard procedure is as follows:

• Leave in a Safe Place: Depending on the location, if the recipient is not available, our driver may leave the gift in a secure place for the recipient to retrieve upon their return (such as a shaded porch or with a neighbor). The driver will leave a message for the recipient informing them where the gift was left.
• Recipient May Be Contacted: In some cases, we may contact the recipient before delivery to ensure they will be home to accept their gift.
• Request to Leave at Door: We highly discourage requests to leave arrangements in unsecured areas (e.g., a doorstep or yard). The customer assumes all liability for requests to leave arrangements where the recipient cannot accept them directly. We cannot be held responsible for missing, stolen, or damaged products due to this special request.

Specialized Deliveries

• Funeral Arrangements: Funeral and sympathy arrangements are a priority and often require additional lead time for planning and delivery. If your order requires delivery at a specific time of day, please try to order several days in advance so we can best accommodate your needs. Please note that Sunday deliveries may not always be available.

• Hospital Deliveries: We are experienced in delivering to local hospitals. To ensure a smooth delivery, please provide the following information when placing your order:
• Hospital Name and Telephone Number
• Full Name of the Recipient
• Recipient's Room or Ward Number

We will deliver your gift in accordance with the hospital's procedures, as most facilities do not allow florists to deliver personally to individual rooms. Please note: Many hospital ICUs (Intensive Care Units) do not permit patients to receive flowers. We strongly recommend checking with the hospital to confirm their policy before placing your order.

Questions & Contact
We make every effort to ensure you receive excellent service. If you have any questions or concerns about an order or our policies, please contact us directly.

• Phone: (916) 420-3641
• Email: sales@secret-flowers.com