Effective Date: [8/14/2024]

Welcome to Xochitl’s Flowers (“we”, “our”, “us”). These Terms and Conditions (“Terms”) govern your use of our website https://xochitlsflowers.com/ (the “Site”) and the purchase of products and services from us. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

1. Use of the Site

You agree to use our Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site. You are prohibited from:

  • Using the Site in any way that violates any applicable local, national, or international law or regulation.
  • Engaging in any fraudulent or harmful activity on the Site.
  • Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
  • Attempting to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

2. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of Xochitl’s Flowers or its content suppliers and is protected by international copyright and trademark laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your Computer: You may store copies of such materials temporarily in RAM.
  • Browser Cache: You may store files automatically cached by your web browser for display enhancement purposes.
  • Printing or Downloading: You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use, provided you keep all copyright and other proprietary notices intact.

3. Products and Services

We strive to ensure that the information on our Site is accurate and up-to-date. However, we do not warrant that product descriptions, pricing, or other content on the Site is accurate, complete, reliable, or error-free. All products and services are subject to availability and may be discontinued at any time.

4. Orders and Payments

When you place an order on our Site, you agree to provide accurate and complete information. We reserve the right to refuse or cancel any order at our discretion. We may require additional verification or information before accepting or shipping any order.

  • Pricing: All prices are listed in Dollars and are subject to change without notice.
  • Payment: We accept various payment methods, including credit cards and other online payment systems. By providing payment information, you authorize us to charge the amount due to your payment method.
  • Shipping: Shipping costs and delivery times will vary depending on your location and the shipping method selected. We are not responsible for delays caused by third-party carriers.

5. Returns and Refunds

If you are not satisfied with your purchase, please contact us within 7 days of receiving your order. We will review your request and, if applicable, provide instructions for returning the product. Refunds will be processed according to our Return Policy, which is available on our Site.

6. Limitation of Liability

To the fullest extent permitted by law, Xochitl’s Flowers shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to your use of the Site or the purchase of products or services. Our liability for any direct damages is limited to the amount paid for the products or services giving rise to the claim.

7. Indemnification

You agree to indemnify, defend, and hold harmless Xochitl’s Flowers, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your infringement of any rights of another party.

8. Changes to the Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of California. Any disputes arising from or related to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in Sacramento.