TERMS OF SERVICE

Last updated: August 26, 2026

These Terms of Service govern your use of FreshMiamiFlowers.com and purchases made through our website. Fresh Miami Flowers is the online storefront of Tropical Flavors of Miami, LLC, doing business as Miami Flowers Design and Fresh Miami Flowers.

By visiting our website, placing an order, or purchasing products from us, you agree to these Terms of Service.

1. ORDERS AND ACCEPTANCE

All orders are subject to acceptance, product availability, delivery availability, and payment authorization.

We reserve the right to refuse or cancel an order when necessary, including due to product availability, delivery limitations, pricing errors, suspected fraud, inaccurate customer information, or circumstances beyond our reasonable control.

If we are unable to fulfill an order after payment has been collected, we will contact you and provide an appropriate resolution.

Customers are responsible for providing accurate billing, recipient, delivery, contact, and payment information.

2. FLOWERS, NATURAL PRODUCTS AND SUBSTITUTIONS

Flowers and plants are natural, seasonal products. Exact colors, varieties, sizes, containers, greenery, and availability may vary.

Product photographs are intended to represent the overall style, color palette, design, and value of an arrangement but may not represent the exact flowers delivered.

When necessary, our florists may substitute flowers, greenery, containers, or other design elements with products of equal or greater value while maintaining the overall style and character of the arrangement.

For arrangements designed around a specific flower or color, we will make reasonable efforts to preserve the primary look and feel of the design.

Seasonal availability, weather, transportation delays, supplier availability, and market conditions may affect flower selection.

3. STANDARD, DELUXE AND PREMIUM DESIGNS

Certain flower arrangements are available in Standard, Deluxe, Premium, or other upgraded sizes.

Images may represent one particular size or design level and may not depict every available upgrade.

Upgraded arrangements generally include additional flowers, premium blooms, greater fullness, additional design elements, or an enhanced presentation at the florist's discretion.

4. SAME-DAY DELIVERY

Eligible orders placed by 2:00 PM Eastern Time may qualify for same-day delivery.

Same-day delivery is subject to flower availability, recipient location, weather conditions, delivery capacity, holidays, special events, traffic conditions, and other operational considerations.

Same-day delivery is not guaranteed simply because an order is placed before the cutoff time.

Orders received after the cutoff may be delivered on the next available delivery date.

During major floral holidays, including Valentine's Day and Mother's Day, cutoff times and delivery availability may change.

5. DELIVERY INFORMATION

Customers are responsible for providing a complete and accurate delivery address, recipient name, telephone number, apartment or suite number, gate instructions, building access information, and any other information reasonably necessary to complete delivery.

We are not responsible for delays or failed deliveries caused by incorrect, incomplete, or inaccessible delivery information supplied by the customer.

If no one is available to accept the delivery, the driver may, when appropriate, leave the arrangement in a safe location, with a neighbor, concierge, receptionist, front desk, security desk, or other authorized person.

Hospital, hotel, business, school, gated community, funeral home, cemetery, apartment, condominium, and similar deliveries may be subject to the rules and access requirements of those locations.

Delivery to a hospital does not guarantee delivery directly to a patient's room.

Delivery to a business does not guarantee delivery directly to the recipient if the business requires packages to be accepted by reception or security.

If a recipient refuses a properly delivered order, the order will generally be considered delivered and is not normally eligible for a refund.

Additional delivery charges may apply if a second delivery attempt is required because of incorrect information, recipient unavailability, restricted access, or circumstances outside our control.

6. DELIVERY TIMES

We make reasonable efforts to accommodate requested delivery dates and time preferences.

Unless we have specifically agreed otherwise, requested delivery times are preferences and are not guaranteed.

We cannot guarantee exact delivery times because flower delivery routes may be affected by traffic, weather, order volume, recipient availability, security requirements, road closures, accidents, and other circumstances.

Funeral and event deliveries may receive priority when a specific service or event time has been provided.

7. CANCELLATIONS AND ORDER CHANGES

Because flowers are perishable and arrangements may be prepared specifically for your order, cancellation requests should be made as soon as possible.

Orders that have not yet entered preparation may be eligible for cancellation or modification.

Once flowers have been purchased, prepared, designed, dispatched, or delivered, cancellation may no longer be possible.

Same-day orders may begin preparation shortly after they are received and may therefore have a limited cancellation window.

Changes to delivery address, recipient information, card messages, products, quantities, or delivery dates are subject to our ability to accommodate the request.

8. PROBLEMS WITH AN ORDER

We want customers and recipients to be pleased with their flowers.

If there is a problem with an order, please contact us as soon as possible and preferably within 24 hours of delivery.

Because flowers are perishable, delays in reporting a problem may limit our ability to verify the condition of the arrangement and provide a resolution.

We may request photographs of the flowers or arrangement to help us evaluate quality concerns.

Depending on the circumstances, an appropriate resolution may include replacement, redelivery, store credit, partial refund, or full refund.

The appropriate resolution will depend on the individual circumstances and the nature of the issue.

9. PERISHABLE PRODUCTS

Flowers and plants have a limited natural lifespan.

Their longevity can be affected by temperature, sunlight, water quality, recipient care, air conditioning, weather, handling, plant variety, flower variety, and environmental conditions after delivery.

We cannot guarantee a specific lifespan for fresh flowers after successful delivery.

Recipients should follow any care instructions provided with the arrangement.

10. PRICES AND PAYMENT

All prices displayed on the website are listed in U.S. dollars unless otherwise stated.

Prices may change without notice.

Applicable delivery charges, service charges, taxes, upgrades, add-ons, and other charges will be displayed during checkout when applicable.

We reserve the right to correct pricing, product, or website errors.

If a material pricing error affects an order, we may contact the customer before fulfillment to obtain approval or cancel and refund the affected order.

Payment must be successfully authorized before an order is fulfilled.

11. PRODUCT IMAGES AND DESCRIPTIONS

We make reasonable efforts to display product images, descriptions, colors, and information accurately.

Computer monitors, phones, photography, lighting, flower variation, seasonal availability, and natural differences between individual blooms may result in variations between photographs and delivered products.

Decorative items shown in photographs may not be included unless specifically stated in the product description.

12. CUSTOM AND FLORIST-DESIGNED ARRANGEMENTS

Florist-designed and custom arrangements give our designers creative discretion to select flowers based on availability, requested style, color preferences, occasion, design level, and budget.

The exact finished arrangement may differ significantly from example photographs.

By purchasing a florist-designed or custom arrangement, you authorize our florist to exercise professional design judgment within the selections and budget you provide.

13. GIFT MESSAGES

Customers are responsible for the content of gift card messages submitted with orders.

We may decline to transmit messages that contain unlawful threats, harassment, obscene content, discriminatory abuse, or other content we reasonably believe is inappropriate or illegal.

We are not responsible for spelling, grammar, names, or other errors entered by the customer.

14. WEBSITE USE

You may use our website only for lawful purposes.

You may not misuse the website, interfere with its operation, attempt unauthorized access, transmit malicious software, scrape or reproduce protected website content without permission, or use the website in a manner that violates applicable law.

We reserve the right to restrict access to the website when necessary to protect our business, customers, systems, or other users.

15. INTELLECTUAL PROPERTY

Unless otherwise stated, website content including text, photographs, graphics, logos, designs, product descriptions, branding, and other materials is owned by or licensed to Tropical Flavors of Miami, LLC and is protected by applicable intellectual property laws.

Content may not be copied, reproduced, republished, sold, distributed, or commercially exploited without permission except as permitted by law.

16. THIRD-PARTY SERVICES

Our website may use third-party providers for services including website hosting, payments, analytics, advertising, delivery tools, reviews, maps, social media, and other functions.

Our online store is hosted using Shopify.

Your use of third-party services may also be subject to the terms and privacy practices of those providers.

We are not responsible for the independent acts, omissions, availability, or policies of third-party providers except to the extent required by law.

17. PROMOTIONS AND DISCOUNTS

Promotions, coupons, discount codes, special offers, and advertised discounts may be subject to additional restrictions.

Unless specifically stated otherwise, promotional offers cannot be combined.

We reserve the right to modify, suspend, or discontinue promotions at any time, subject to applicable law.

Promotional codes have no cash value.

18. FORCE MAJEURE AND EVENTS OUTSIDE OUR CONTROL

We are not responsible for delays or failure to perform caused by events reasonably outside our control, including severe weather, hurricanes, flooding, natural disasters, transportation interruptions, supply shortages, power failures, internet outages, government actions, road closures, public emergencies, labor disruptions, accidents, or other similar circumstances.

When such circumstances arise, we will make reasonable efforts to complete orders or provide an appropriate alternative.

19. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Tropical Flavors of Miami, LLC, Miami Flowers Design, Fresh Miami Flowers, and their owners, employees, agents, contractors, and affiliates will not be liable for indirect, incidental, special, punitive, or consequential damages resulting from the use of our website, products, or services.

Where liability cannot legally be excluded, our total liability relating to an individual order will generally not exceed the amount paid for that order, except where applicable law requires otherwise.

Nothing in these Terms limits rights or remedies that cannot legally be waived.

20. PRIVACY

Our collection and use of personal information is governed by our Privacy Policy.

Information may be used as reasonably necessary to process orders, communicate with customers and recipients, prevent fraud, provide customer service, improve our services, and comply with applicable law.

21. EMAIL AND TEXT COMMUNICATIONS

By providing an email address or telephone number in connection with an order, you authorize us to use that information for transactional communications relating to the order.

Marketing emails or text messages will be sent only as permitted by applicable law and applicable consent requirements.

Marketing communications may be discontinued using the unsubscribe or opt-out instructions provided.

22. GOVERNING LAW

These Terms of Service are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

To the extent legally permitted, disputes arising from these Terms or purchases from our business will be handled in the appropriate courts located in Miami-Dade County, Florida.

23. CHANGES TO THESE TERMS

We may revise these Terms of Service periodically.

Changes become effective when the updated Terms are posted on our website unless otherwise stated.

Continued use of the website after an update constitutes acceptance of the revised Terms to the extent permitted by law.

24. CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Tropical Flavors of Miami, LLC
DBA Miami Flowers Design / Fresh Miami Flowers
2393 SW 22nd Street
Miami, Florida 33145

Phone: (305) 456-0868
Email: miamiflowersdesign@gmail.com

Website: FreshMiamiFlowers.com