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Terms of service

The terms you agree to when you order flowers from us: pricing, delivery, cancellations and how disputes are handled.

Effective October 12, 2026. Please read these terms carefully. They are a binding contract between you and us.

By accessing or using MiamiFlowers.com, creating an account, or checking out and placing an order, you agree to be bound by these terms and by the policies they refer to. If you do not agree, do not use the site or place an order.

Mailing address: Miami Flowers, 801 Brickell Avenue, Miami, FL 33131, United States.

Section 19 contains a binding arbitration agreement and Section 20 a class action waiver. Unless you opt out within 30 days as Section 19 explains, most disputes between us will be decided by an individual arbitrator rather than a judge or jury, and you will not be able to bring or join a class action. Small claims court is always available for claims that qualify.

Contents

1. Who we are and what this agreement covers

Miami Flowers ("Miami Flowers", "we", "us", "our") is an independent florist based at 801 Brickell Avenue, Miami, FL 33131. We build arrangements to order in our own studio and deliver them across Miami Dade, Broward and Palm Beach counties.

These terms govern your use of MiamiFlowers.com and every related page, email, text and service we run (together, the "Service"), and every order you place with us. By accessing or using the Service, creating an account, or checking out and placing an order, you agree to these terms. If you do not agree, please do not use the Service.

Our refunds and substitutions policy, delivery policy and privacy policy form part of these terms. If you order on behalf of a company, you confirm you are authorised to bind it, and "you" includes that company.

2. Changes to these terms

We may update these terms from time to time, for example when we add a service or when the law changes. The date at the top shows when they last changed. Changes apply from that date and do not affect an order you have already paid for. If a change is material, we will make a reasonable effort to tell you, such as by email to the address on your order or account. If you keep using the Service after a change, you accept the updated terms.

3. Privacy

How we collect and use personal information, including the details of the people you send flowers to, is explained in our privacy policy.

4. Who can order, and accounts

You must be at least 18 years old and able to form a binding contract to place an order or create an account. You may not use the Service if we have previously banned you, or if you are subject to United States sanctions.

An account is optional. If you create one, you agree to give us accurate information, keep it up to date, keep your sign in details private and tell us straight away if you think someone else has used your account. You are responsible for activity on your account. Accounts are personal and may not be sold, shared or transferred, and an account does not give you any ownership interest in the Service.

5. Orders and when we accept them

Placing an order is an offer to buy. An order is accepted when we confirm it, not when you place it, and an automatic confirmation email only means we received it. We may decline or cancel any order, including when the address is outside our area, the day is fully booked, an item is unavailable, a price was shown in error, or we suspect fraud. If we cancel an order you have paid for, we refund you in full.

We may limit quantities per order, per customer or per delivery address, and we may decline orders that look like they are for resale.

6. Prices, payment and taxes

Prices are in US dollars and are shown on the product page. The total at checkout includes the arrangement, any add ons, delivery and Florida sales tax where it applies. We may change prices at any time, but never on an order after you have paid for it.

Payments are processed by our payment provider, Stripe. We never see or store your full card number. You confirm that you are authorised to use the payment method you give us and you authorise us to charge it for the full order total. If you schedule an order for a future date, we charge it when you place the order, not on the delivery day.

Pricing and description errors. We work hard to show prices and descriptions accurately, but mistakes happen. If an item is listed at the wrong price or with the wrong information, we may cancel orders for it, even after confirmation and payment, and refund you in full. We will tell you if this happens.

Fraud checks. To protect you and us, orders are screened for fraud. We may ask you to verify an order, or cancel and refund it, if a payment looks unauthorised.

7. What you are buying

Photographs show the style, scale and palette of an arrangement. Flowers are farmed rather than manufactured, so the exact stems, colours and sizes vary with what is good at the market that morning. When a stem is unavailable we substitute one of the same colour and the same or greater value, as our refunds and substitutions policy explains. A substitution made that way is not a defect. Vases and containers may also vary in shape or finish.

Flowers and plants are natural products. Some are toxic to pets, especially lilies to cats, and some can trigger allergies. If the recipient has pets, allergies or other sensitivities, tell us in the order notes and we will do our best to avoid the relevant flowers. We cannot guarantee any arrangement is free of pollen, fragrance or every allergen.

8. Delivery

Delivery areas, cutoffs and costs are set out in our delivery policy. Order before 4:15pm Eastern for same day delivery. We give you a cutoff, not a guaranteed delivery time, and we do not guarantee delivery within a specific window.

Who delivers. Most orders are delivered by our own drivers. We may also use independent couriers and on demand delivery services to deliver an order, for example on busy days, for some addresses, or when it gets the flowers there sooner. Whoever delivers it, we make the arrangement ourselves, we never pass an order to another florist to fill, and we remain responsible to you for the delivery under these terms and our refunds and substitutions policy.

You are responsible for giving us a correct and complete delivery address and phone number, and anything we need to get in, such as a gate code, a building name or a front desk. We deliver to the address you give us, not to a person. If nobody is home, we may leave the flowers in a safe, shaded spot at the address. Risk in the arrangement passes to you when it is delivered to the address, or left there as described.

Please do not give us personal details of a child under 13 beyond the name and address needed to make a delivery.

9. Recurring orders and automatic renewal

Some arrangements can be ordered as a recurring delivery: weekly, every other week, monthly or yearly. When you set one up, the checkout shows the price, how often you will be charged and when, and these terms explain how to stop it.

  • What you authorise. You pay for the first delivery today. You then authorise us to charge the same payment method automatically for each later delivery, at the price and frequency you chose, until you cancel. We save your card with Stripe for this purpose only.
  • When you are charged. Each later delivery is charged 2 days before it is due. Yearly occasion deliveries are charged 7 days before, after a reminder email about 14 days ahead.
  • Skipping, pausing and cancelling. You can skip a delivery, pause or cancel at any time by replying to any receipt or by contacting us at hello@miamiflowers.com. A request made before a delivery is charged takes effect for that delivery. Once a delivery has been charged and built, the cancellation applies from the next one.
  • Price changes. If the price of a recurring order changes, we will email you at least 7 days before the first charge at the new price, so you have time to cancel.
  • Failed payments. If a charge is declined, we may pause the recurring order until the payment method is updated. We do not deliver orders that have not been paid for.
  • Introductory extras. Anything included only with the first delivery, such as a glass vase, is a one time extra.

10. Offers, discount codes and credits

From time to time we may offer discount codes, free delivery or other promotions. Unless the offer says otherwise, each one is limited to one use per customer and per delivery address, cannot be combined with other offers, has no cash value, cannot be transferred or sold and may be withdrawn at any time. We may refuse or reverse a promotion that was obtained by mistake, by creating multiple accounts or through other abuse.

Any credit we give you, for example to put a problem right, is a one time credit for use on the Service. It is not a gift card, it cannot be exchanged for cash and it expires one year after it is issued unless we tell you otherwise.

11. Card messages, reviews and your content

Card messages. We print or write the card message as you give it to us. You are responsible for its contents, and you understand that the people who build and deliver your order, and the recipient, will see it. We will not send a message that is abusive, threatening, harassing, discriminatory, sexually explicit, defamatory or unlawful, or that infringes someone else's rights. If a message falls into one of those categories we may refuse it and refund the order rather than deliver it.

Message suggestions. The card message helper suggests wording using an automated writing tool. Suggestions may be imperfect, so please read the message before you place your order. Once you use a suggestion, it is your message.

Reviews and other content. If you send us a review, rating, photo or other content ("Your Content"), you confirm it is yours to share, it is honest and it does not break the law or these terms. You keep ownership of Your Content, and you give us a non exclusive, worldwide, royalty free, perpetual licence to use, reproduce, edit for length, display and share it in connection with the Service and our marketing, and to show your first name and city alongside it. We may decline or remove any content at our discretion. We do not pay for reviews and we do not edit a review to change its meaning.

Delivery photos. We may photograph an arrangement at delivery to confirm it arrived and share that photo with the person who ordered it.

12. Cancellations, refunds and problems

Our refunds and substitutions policy covers cancellations, substitutions, failed deliveries and anything that arrives wrong, and it forms part of these terms. In short, you can cancel for a full refund before we start building the arrangement, and if something is wrong you should send us a photo within 24 hours of delivery so we can replace or refund it.

If you have a problem with an order, please contact us before disputing the charge with your bank. We can almost always resolve it faster, and a dispute can take weeks. Nothing in these terms limits your legal right to dispute a charge.

13. Using the site

We grant you a personal, non transferable, revocable permission to use the Service to browse and to place orders for yourself or as gifts. In using it, you agree not to:

  • break any law, or use the Service to defraud, harass or harm anyone;
  • use a payment method you are not authorised to use, or place orders in someone else's name without their permission;
  • try to get into parts of the Service, accounts or systems you are not authorised to access, or interfere with its security, rate limits or normal operation;
  • introduce viruses or other harmful code, or overload the Service with automated requests;
  • copy, resell or commercially exploit the Service or its content, other than through normal search engine and AI assistant indexing that respects our robots.txt;
  • misuse the card message helper or any other tool, for example to generate content unrelated to an order; or
  • use our name, logo or trademarks in a way that suggests we endorse you, including in paid search keywords.

14. Our content and trademarks

The Service and its content, including our name, logo, photographs, text, design and software, belong to us or our licensors and are protected by copyright, trademark and other laws. Other than the permission in Section 13, these terms do not give you any rights in them.

Copyright complaints. If you believe content on the Service infringes your copyright, email hello@miamiflowers.com with: a description of the work; where the material is on the Service; your contact details; a statement that you believe in good faith the use is not authorised; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for the owner, with your physical or electronic signature. We respond to notices that comply with the Digital Millennium Copyright Act and may close the accounts of repeat infringers.

15. Third party services and links

Parts of the Service rely on other companies, such as our payment provider and our sign in provider, and the Service may link to sites we do not run. We are not responsible for third party sites or services, and your use of them is governed by their own terms and privacy policies.

16. Disclaimers

We stand behind our flowers through our refunds and substitutions policy. Beyond that, and to the fullest extent the law allows, the Service is provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non infringement. We do not promise that the Service will always be available, uninterrupted or error free. Some states do not allow certain warranties to be excluded, so some of this section may not apply to you.

17. Limitation of liability

To the fullest extent the law allows:

  • we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or the cost of substitute goods, arising from the Service or any order, even if we were told they were possible; and
  • our total liability for any claim arising from the Service or an order is limited to the amount you paid us for the order the claim relates to or, if the claim does not relate to an order, the amount you paid us in the 6 months before the claim arose.

Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, such as for fraud, gross negligence or wilful misconduct. Some states do not allow these limitations, so they may not all apply to you.

18. Indemnity

To the extent the law allows, you agree to defend and indemnify us and our owners, employees and contractors against third party claims, losses and costs (including reasonable legal fees) that arise from your breach of these terms, your card messages or other content, your misuse of the Service, or your violation of anyone else's rights.

19. Resolving disputes, and binding arbitration

Talk to us first. Most problems are solved quickly by email. Before starting arbitration or a court case, you and we each agree to send the other a written notice describing the dispute and the relief sought, and to try in good faith to resolve it for 30 days. Your notice should go to hello@miamiflowers.com with your name, contact details and order number, and ours will go to the email on your order or account.

Agreement to arbitrate. If we cannot resolve it, you and we agree that any dispute arising from or relating to these terms, the Service or any order will be settled by binding individual arbitration, not in court, except as set out below. The Federal Arbitration Act governs this agreement. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator, and may be held by video, by phone, on written submissions or in Miami Dade County, Florida. Filing and arbitrator fees are paid as the AAA Consumer Rules provide. The arbitrator may award the same individual relief a court could, and the award may be entered in any court with jurisdiction.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may ask a court to stop the infringement or misuse of intellectual property. Nothing here prevents you from bringing an issue to the attention of a government agency.

Mass filings. If 25 or more similar arbitration demands are filed against us by the same or coordinated counsel, they will be administered in batches under the AAA's mass arbitration procedures, and the applicable limitations periods are paused while a demand waits to be heard.

Opting out. You can opt out of this arbitration agreement by emailing hello@miamiflowers.com within 30 days of first accepting these terms, with the subject "Arbitration opt out" and your name, email and the address of any order. Opting out does not affect any other part of these terms. If we change this section later, you may reject the change by emailing us within 30 days of it, and the version you previously accepted continues to apply.

20. Class action waiver

To the fullest extent the law allows, you and we each agree to bring claims only on an individual basis, and not as a plaintiff or class member in any class, collective, consolidated or representative action, whether in arbitration or in court. The arbitrator may not consolidate claims or award relief to anyone other than the individual party. If this waiver is found unenforceable for a particular claim, that claim must be heard in court, not in arbitration, and the rest of Section 19 still applies.

21. Governing law and where claims are heard

These terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any claim not subject to arbitration must be brought in the state or federal courts located in Miami Dade County, Florida, and you and we consent to their jurisdiction. To the extent the law allows, any claim must be brought within two years after it arises.

22. Suspension and termination

You can stop using the Service at any time. If you have a recurring order, please cancel it as described in Section 9, or it will continue. We may suspend or close your account, cancel recurring orders or refuse future orders if you break these terms, if we suspect fraud or abuse, or if we stop offering the Service, and we will refund any order we cancel that has not been delivered. Sections that by their nature should survive, including Sections 11, 14 and 16 to 21, survive termination.

23. General terms

  • Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including hurricanes, tropical storms and other severe weather, flooding, road closures, power or internet outages, supply shortages at the flower market, public health emergencies or government orders. If a delivery is affected, we will contact you to rearrange it or refund it.
  • Electronic communications. You agree that we may send you order confirmations, receipts and legal notices by email, and that they satisfy any requirement that they be in writing.
  • Entire agreement. These terms, together with the policies they refer to, are the whole agreement between you and us about the Service.
  • Severability. If any part of these terms is found unenforceable, the rest remains in effect.
  • No waiver. If we do not enforce a provision straight away, we can still enforce it later.
  • Assignment. You may not transfer these terms without our written consent. We may transfer them, for example if the business is sold.
  • Relationship. Nothing in these terms creates a partnership, employment or agency relationship between you and us.
  • Headings. Section headings are for convenience only.

24. Notices and contacting us

Questions about these terms, legal notices and arbitration opt outs go to hello@miamiflowers.com, or by post to Miami Flowers, 801 Brickell Avenue, Miami, FL 33131, United States. For anything about an order, the quickest way is to text or call (305) 380-3333.