Terms & Conditions

At USI, our customers always come first. Therefore, we promise to make every business transaction comfortable, economical, and as rewarding as possible. In order for us to continue the best customer service possible, we have enclosed a few basic Terms & Conditions which must be agreed upon between USI and USI customers before any business transaction can be made. It is the customer's responsibility to read and understand these Terms & Conditions before placing an order. We thank you for your understanding and appreciate your cooperation.

Overview

This website is operated by USI Floral Imports Inc. Throughout the site, the terms “we”, “us” and “our” refer to USI Floral Imports Inc., also referred to as “USI” or “USI Floral.” USI offers this website including all related information, content, features, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

General Conditions

We reserve the right to refuse Service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Account Information

You agree to provide current, complete and accurate purchase and account information for all communication and purchases made with USI Floral. You agree to promptly update your account and other information, including but not limited to business licenses, email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All size specifications on our website are approximate sizes and should not be considered as exact, since arranging the product differently can affect the size. We try our very best to give you the measurement that comes closest to each product. If a product return is made because of color discrepancy, USI will make the final decision on whether the color is indeed different than what is displayed on the website.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. 

All products displayed on our website are exactly what we sell. However, please be aware that many items require re-arranging or re-shaping (especially artificial floral products). 

Availability

We update our website inventory every day. Most products displayed at usifloral.com are available to purchase. In some cases, merchandise displayed on this site may not be available, but we will do everything we can to accommodate your needs. However, items may not be guaranteed because earlier orders have priority on available items. 

Prices

All prices are USD, FOB Commerce, California. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices, discounts and promotions are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Cancellations or Changes to an Order
Once an order has been released for shipping it cannot be cancelled or changed. Please double-check that your order is accurate and that you will be ok with freight charges before you confirm it for shipping. Any changes to an order, including deletions, additions, allocations and ship to address, must be made prior to confirming and releasing an order for shipping.

Minimum Order Amounts
Opening order minimums for new customer accounts is $200. The minimum for subsequent re-orders is $100. Each item also has its own minimum order quantity (MOQ), and all items ordered must be a multiple of the MOQ. Prices and MOQ’s are subject to change without notice. For the most current information, please see our online catalog or contact our office.

Payments
We accept multiple convenient payment methods, including authorized credit cards (Visa, MasterCard, Discover, American Express), cash, bank wire transfers, Zelle, and cashier’s checks. For the fastest processing, we recommend paying by credit card or Zelle, which allows your order to be filled and shipped immediately. Orders paid by cashier’s check will ship after payment is received and cleared. Personal checks are not accepted. Please note, we do not offer credit or terms - all orders are fulfilled once payment has been processed.

Shipping & Delivery

Orders can typically be confirmed and processed on the same business day and shipped the following business day, as operations permit. Transit times vary by location, carrier schedules, and holidays. Once your order is confirmed and processed, we can provide an estimated delivery date for your convenience. Customers are to inspect all shipments to ensure contents match invoice/bill of lading; signing the bill of lading confirms your receipt of items shipped. 

USI shops a variety of shipping carriers to ensure the most cost effective and efficient rates available. Most orders ship regular parcel ground service unless deemed to be nonparcel based upon the order size or shipping characteristics. Orders may be picked up or shipped via FedEx, UPS,  LTL or a carrier of your choosing. Expedited and Express service such as overnight, 2-day, 3-day or Saturday delivery is available upon request and may incur additional fees. Additional services such as but not limited to liftgate, inside delivery, redelivery, residential delivery as well as sort and segregate may incur additional fees depending on carrier.

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. 

Customers are responsible for all shipping charges, forward and returns. Customers who refuse packages or not available to receive their package during delivery attempts from carriers may be charged for return shipping fees. Carriers like UPS or Fedex will return packages to us if delivery cannot be made after 3 attempts.

Return Policy

As a B2B partner, we work carefully to ensure your order meets your needs prior to shipping, and order confirmation and processing serves as FINAL acceptance of your order details. While we generally do not accept returns, we're here to help if an issue arises.

Unauthorized returns will not be accepted. If you believe a return or claim is necessary, please contact us to request authorization or to discuss any concerns. Merchandise must be in its original condition with all packaging material and is not damaged, used, or altered in any way. Any claim must be communicated within 7 days after delivery date. Delivery date will be the date recorded by the carrier that made the delivery. Special items and custom orders do not qualify for returns. All orders that are picked up directly from our warehouse are not eligible for returns, as we verify orders with customers in-person. If return has been authorized, returning merchandise must be post marked within 7 days of authorized date. Shipping charges are non-refundable, both forward and returns. All returns subject to 30% restocking fee. This return policy may be updated without notification.

Changes & Updates
USI may change, modify or update these terms and conditions without notice at any time. Please review these terms and conditions before using this site, for your use of this site constitutes your agreement to follow the current terms and conditions. You can review the most current version of the Terms of Service at any time at this page.

Disclaimer
The usifloral.com Web site and all of the content are provided on an "as is " basis without warranties of any kind, either express or implied. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that USI Floral shall not be liable for any damages of any kind related to your use of this site.

Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Copyright
All Content on the usifloral.com Web site is sole property of USI Floral Imports Inc., and are subject to trademark, service mark, trade dress, copyright and other intellectual property rights held by USI Floral. The entire Content of the usifloral.com Web site is copyrighted as a collective work under U.S. copyright laws, and USI Floral owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. The Content may not be copied or posted on any network computer, broadcast in any media, or used for commercial purposes. Do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. USI Floral reserves complete title and full intellectual property rights in any Content you download from this Web site. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from USI Floral Imports Inc.

Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by USI Floral, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of USI Floral, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by USI Floral.

USI Floral’s names, logos, product and service names, designs, and slogans are trademarks of USI Floral or its affiliates or licensors. You must not use such trademarks without the prior written permission of USI Floral. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY USI Floral, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL USI Floral, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Indemnification
You agree to indemnify, defend and hold harmless USI Floral, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where USI Floral is headquartered. You and USI Floral consent to venue and personal jurisdiction in such courts.