Terms of Use

Welcome to the website of Herbalmobility ("we," "us," or "our"). These Terms of Use ("Terms") constitute a legally binding agreement between you and Herbalmobility governing your access to and use of the website herbalmobility.world (the "Site") and the information, content, and services offered through it in connection with our floristry, bouquet design, flower shop, and flower subscription services. By accessing or using the Site, placing an order, or subscribing to our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or our services.

Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use this Site and to place orders for bouquets, floral arrangements, or flower subscriptions. By using the Site, you represent and warrant that you meet these requirements. If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion, including for violation of these Terms or for any other lawful reason.

Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that: (1) violates any applicable federal, state, local, or international law or regulation; (2) infringes the intellectual property, privacy, or other rights of any third party; (3) could harm, disable, overburden, or impair the Site or our systems, or interfere with any other party's use of the Site; (4) involves transmitting any virus, malware, or other harmful code; (5) attempts to gain unauthorized access to any part of the Site, other users' data, our networks, or any connected system; or (6) involves impersonating another person or entity or misrepresenting your affiliation. You are responsible for maintaining the confidentiality of any account or login information and for all activity that occurs under your use of the Site. We reserve the right to investigate suspected violations and to cooperate fully with law enforcement authorities in investigating and prosecuting violations.

Products and Services

The Site describes our bouquet and floral arrangement offerings, flower subscription options, custom design services, and related products and services. Product descriptions, images, colors, and prices are for illustrative and informational purposes and are subject to change without notice. We strive to provide accurate information about our flowers and arrangements; however, because we work with natural, seasonal products, actual bouquets may vary in color, size, bloom stage, and availability. Substitutions of flowers of equivalent or greater value may be made when necessary due to seasonality or supply. All orders are subject to acceptance by us and to product availability. We reserve the right to refuse or cancel any order, including in the event of errors in pricing or product information, suspected fraud, insufficient supply, or for any other legitimate business reason. If your order is cancelled after payment, we will refund the amount paid in accordance with our Return Policy.

Orders and Contracts

When you submit an order or subscription request through the Site, contact form, email, or telephone, you are making an offer to purchase the described products or services. A binding contract is formed only when we expressly confirm your order or subscription (e.g., by email or other agreed means). We are not obligated to accept any order and may decline or cancel an order before confirmation. You are responsible for providing correct and complete delivery addresses, recipient names, contact details, and any special instructions (e.g., delivery time windows, access codes). Failure to provide accurate information may result in delayed or failed delivery of bouquets or arrangements, for which we are not liable. You must ensure that the recipient (if different from you) consents to receiving the delivery at the specified address. For subscription orders, you agree to the recurring delivery schedule and billing terms communicated at the time of sign-up until you cancel in accordance with our cancellation procedures.

Payment and Pricing

All prices displayed on the Site or communicated to you are in United States dollars (USD) unless otherwise stated and, unless indicated, do not include applicable taxes, delivery fees, or other charges. You are responsible for any sales tax, value-added tax, or other taxes that may apply to your order in your jurisdiction. Payment terms (including when payment is due and accepted methods) will be communicated at the time of order. You agree to pay all applicable fees for orders and subscriptions in full and on time. We may use third-party payment processors to process payments; your use of those services may be subject to their terms and conditions and privacy policies. By providing payment information, you represent that you are authorized to use the chosen payment method. We reserve the right to correct pricing errors (including by cancelling orders placed at an incorrect price) and to change prices for future orders or subscription renewals; we will provide notice of price changes where required by law or by our subscription terms. Chargebacks or disputed payments may result in suspension of service and collection action where appropriate.

Delivery and Pickup

Delivery and pickup options, timeframes, geographic areas, and fees are as described on the Site or as agreed when you place your order. We deliver within the New York metro area and may use third-party couriers or our own personnel. You are responsible for ensuring that someone is available to receive the delivery at the specified address and time, or for providing alternative instructions (e.g., leave with concierge, safe place). We are not responsible for delays or failures caused by incorrect or incomplete addresses, recipient unavailability, refusal to accept delivery, severe weather, natural disasters, strikes, or other circumstances beyond our reasonable control. Risk of loss and title for bouquets and arrangements typically pass to you upon delivery to the specified address (or to the recipient or authorized person) or upon your pickup at our location. If you choose pickup, you must collect the order within the agreed window; we are not responsible for deterioration of flowers if pickup is delayed. Repeated failed delivery attempts may result in cancellation of the order without full refund where the failure is due to your or the recipient's fault.

Flower Subscriptions

If you subscribe to our flower subscription service, additional terms apply. Subscription frequency (e.g., weekly, biweekly, monthly), pricing, and delivery areas will be confirmed at sign-up. You authorize us to charge your chosen payment method on a recurring basis until you cancel. You may cancel your subscription at any time by contacting us; cancellation will be effective at the end of the then-current billing or delivery period. We do not refund subscription fees for deliveries already made or for the current period once it has started. We may modify subscription terms, including pricing, with reasonable notice. Continued use of the subscription after the effective date of changes constitutes acceptance. Subscription flowers are subject to the same product and delivery terms as one-off orders, including our Return Policy for damaged or incorrect deliveries.

Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, photographs, illustrations, product descriptions, design, layout, and software, is the property of Herbalmobility or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, display, perform, create derivative works from, or exploit our content without our prior written consent, except for limited personal, non-commercial use such as viewing the Site and sharing links to it. You may not use our name, logo, or any trademark without our written permission. Any unauthorized use may result in legal action. If you believe that content on the Site infringes your intellectual property rights, please contact us with details so we can address the matter.

User Content and Communications

If you submit any content to us through the Site (e.g., messages, photos, or feedback), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content as necessary to provide our services and to improve our offerings. You represent that you own or have the right to submit such content and that it does not violate any third-party rights or applicable law. We may use anonymized or aggregated feedback for marketing or quality improvement. We are not obligated to post or use any user content and may remove it at our discretion. Communications you send to us (e.g., via contact form or email) may be retained for customer service and legal purposes in accordance with our Privacy Policy.

Disclaimer of Warranties

The Site and its content are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components such as viruses. We disclaim all warranties regarding the accuracy, completeness, timeliness, or usefulness of any content, product descriptions, or information on the Site. Your use of the Site and reliance on any information is at your sole risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

To the fullest extent permitted by applicable law, Herbalmobility and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or in connection with your use of the Site or our products and services, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim or series of related claims arising from or related to the Site, these Terms, or our products or services shall not exceed the amount you paid to us for the relevant order or subscription in the twelve (12) months preceding the claim. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Herbalmobility and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with: (1) your use of the Site or our services; (2) your violation of these Terms; (3) your violation of any third-party right, including intellectual property or privacy rights; (4) any content or information you submit to us; or (5) any dispute between you and a third party relating to an order or delivery. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense.

Links to Third-Party Sites

The Site may contain links to third-party websites or services (e.g., mapping services, payment processors). We do not control and are not responsible for the content, privacy practices, terms of use, or availability of those sites. Your use of third-party sites is at your own risk. The inclusion of a link does not imply our endorsement, and we disclaim any liability for your interactions with third parties. We encourage you to read the terms and privacy policies of any third-party site you visit.

Termination

We may suspend or terminate your access to the Site or our services, or cancel any order or subscription, at any time, with or without cause or notice, to the extent permitted by law. Upon termination, your right to use the Site and our services ceases immediately. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law) shall survive. If you wish to terminate your subscription or cease using our services, you may do so by contacting us and complying with any applicable cancellation procedures.

Changes to the Terms

We may modify these Terms at any time. The updated Terms will be posted on this page with a new effective date. Material changes may also be communicated to you by email or through a prominent notice on the Site where appropriate. Your continued use of the Site or our services after the effective date of changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and our services. We encourage you to review these Terms periodically. For subscription customers, changes to subscription-specific terms will be communicated in accordance with our subscription practices.

Governing Law and Disputes

These Terms are governed by the laws of the State of New York and the United States of America, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Site, or our products or services, shall be resolved exclusively in the state or federal courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objection to such jurisdiction or venue. To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver shall be effective unless in writing and signed by us.

Entire Agreement

These Terms, together with our Privacy Policy, Cookies Policy, and Return Policy (each as referenced and incorporated by reference where applicable), constitute the entire agreement between you and Herbalmobility regarding the Site and our services and supersede any prior agreements or understandings, whether written or oral. In the event of a conflict between these Terms and any order confirmation or subscription terms, these Terms shall prevail except to the extent the order or subscription terms expressly state otherwise and are agreed in writing.

Contact

For questions about these Terms of Use, or for any other inquiries regarding our Site or services, please contact us using the contact information provided on the Contact section of herbalmobility.ddd. We will respond to reasonable inquiries in a timely manner.