Terms of Service

TERMS & CONDITIONS

By using, and buying from, www.gatsbysflorist.com (‘Website’) you are agreeing with the following:

Gatsbysflorist.com hereby grants to you a limited, revocable, non-exclusive and non-transferable license to access and use the Website as set forth in these Terms and Conditions, provided that: (i) your use of the Website is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website (including, without limitation, modifying any content or materials).
The license expressly excludes any derivative use of the Website or the content thereon; any downloading or copying of account information for the benefit of any merchant; and any use of data mining, robots, or similar data gathering and extraction tools. Neither the Website nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
Under no circumstances will we be liable in any way for any material, including, but not limited to, any errors or omissions in any material, or for any loss or damage of any kind incurred as a result of the use of any material posted, emailed, transmitted or otherwise made available via the Service. You acknowledge, consent and agree that we may access, preserve and disclose your account information if required to do so by a government agency or by law, or if in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of our users and the public as well as our employees.

By agreeing to these terms, you represent to us that you are either: (i) at least the age of majority in the state in which you reside; (ii) an "emancipated minor"; or (iii) have the consent of your parent(s) or guardian consent to enter into and perform all the terms of these terms and conditions.   We are, however, committed to complying with all applicable laws and regulations regarding children, including the Children's Online Privacy Protection Act ("COPPA"). We will not knowingly collect, maintain, or disclose any personally identifiable information from a child under that age of 18 without first obtaining consent from that child's parent or legal guardian. If we discover that we have received personally identifiable information provided by someone under the age of 18, we will promptly make reasonable efforts to remove such information.  If you are a parent or guardian who has discovered that your child under the age of 18 has submitted his or her personally identifiable information without your permission or consent, please contact us immediately by email or mail (please also include the User Name and password and/or email address that your child utilized) and we will make reasonable efforts to remove such information promptly following receipt of your written request.

DELIVERY TERMS

Gatsby’s Florist is located in Fountain Hills, Arizona and hand delivers to all of Fountain Hills including but not limited to the following areas:

 Rio Verde | Tonto Verde | Fort McDowell | Goldfield Ranch | Scottsdale Shea Corridor


Delivery charges vary depending on traveling distance. The type of vase and the specific flower varieties used may be substituted depending on what is in season. It is our policy to contact the customer to approve of any significant substitutions, but if we are unable to get in contact, our highly experienced designers will use their best judgement.

For more information about local delivery services, please call us at (480)703-0799.

You can also email inquiries: gatsbysflorist@gmail.com

SALES TAX

All buyers are subject to respective state sales taxes.

CANCELLATION & RETURN POLICY

Cancellations: A written request for cancellation is required 12 hours prior to delivery of orders. Orders cannot be changed or canceled if items have been delivered. No Refunds. Please check carefully before submitting your order.

Returns: We are committed to providing you with the best quality and design, but due to the delicate nature of plants and flowers and the possibility of unforeseen circumstances, we only offer replacements. 

 • For quality issues concerning cut flowers or fresh flower arrangements we offer replacements within 24 hours of receiving your order. 

 • All Sale Items, Green Plants, Blooming Plants, Orchid Plants, Succulents, and Cactus are Final Sale.

 Please call us at (480)703-0799 or email gatsbysflorist@gmail.com with any questions or concerns.

PRIVACY POLICY

The only information we ask from you on www.gatsbysflorist.com is what we need for our mailing list or to process your purchase order. We do not retain credit card numbers or any other sensitive financial information, as we use a third party to process our transactions.
Our privacy policy is very simple: The information you provide about yourself when joining the mailing list or placing an order is only used to keep you informed about www.gatsbysflorist.com activities or to process your order. We do not share this information with outside parties except to the extent necessary to complete an www.gatsbysflorist.com promotion or to fulfill an order made through the website.
We do not sell or share your name and/or email address to anyone whatsoever.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL GATSBYSFLORIST.COM, ITS AFFILIATES, AND OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OR THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WESITE AND THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICES BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, THE SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL EMPTYVASE.COM AND ITS AFFILIATES, OR THE THIRD PARTY PROVIDERS' LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE PRICE PAID BY YOU, IF ANY, FOR YOUR USE OF THE WEBSITE.