SECTION 1 – PRODUCTS. Upon Customer’s purchase of one or more Products, Raven Rose shall provide to Customer the Products identified in Customer’s order. The “Product(s)” refer to the specific product(s) Customer is purchasing from Raven Rose, containing pressed wedding bouquets and other special-event florals. Raven Rose shall have sole and exclusive control over the manner in which its agents, employees, or subcontractors, if any, create and deliver the Products to Customer. Occasionally there may be information on Raven Rose’s website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Raven Rose reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website, order, or on any related website is inaccurate at any time without prior notice (including after Customer has submitted an order). The terms and conditions set forth herein, and any additional terms, conditions, or policies set forth on Raven Rose’s website, shall govern Customer’s purchase of the Products.

SECTION 2 – PRICE PAYMENT TERMS. As compensation for the Product(s), Customer shall pay Raven Rose in accordance with the rates, charges, and provisions set forth within this agreement. The prices of the Products are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer. Customer shall pay the entire amount due when placing an order with Raven Rose.

Shipping Fees - The cost of shipping will be billed separately at the time Product(s) is completed and ready to be delivered.

SECTION 3 – TAXES. Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder; provided that, in no event shall Customer pay or be responsible for any taxes imposed on, or regarding, Raven Rose’s income, revenues, gross receipts, and personnel.

SECTION 4 – SHIPMENT TO Raven Rose. Raven Rose strongly recommends Customer uses overnight shipping to ship Customer’s bouquet/special-event florals to Raven Rose. Raven Rose recommends Customer use UPS or FedEx for all shipments. Raven Rose must receive Customer’s bouquet/special event florals within five (5) business days of the wedding/event. Customer acknowledges that the flowers may brown or lose petals during shipment, and Raven Rose works with the florals in the condition that they are received. Detailed shipping instructions will be provided to Customer with order confirmation. If Customer’s wedding/event is on a Thursday or Friday, Raven Rose recommends that Customer waits until the following Monday to ship florals. Customer acknowledges that holidays and Raven Rose’s planned store closings may affect/delay delivery of the florals to Raven Rose, and Customer agrees to plan accordingly. While waiting to ship the florals, Customer shall keep the floral stems in water, and store the bouquet/floral arrangement in a cool, dark place. If possible, Raven Rose recommends that Customer store the bouquet towards the front or middle of a refrigerated space. Raven Rose will not ship back any glass vases or other items that may be used to hold your bouquet stems. Raven Rose will return ribbons, charms, or small items that fit within the box that Raven Rose ships your Products in. Customer shall be responsible for all shipment costs associated with shipping Customer’s bouquet/special-event florals to Raven Rose. 

SECTION 5 – DELIVERY. The Products will be delivered within a reasonable time after Customer places Customer’s order. RAVEN ROSE shall not be liable for any delays, losses, or damages in transit. Title and risk of loss shall pass to Customer upon dispatch of the Products from Raven Rose’s facilities. Raven Rose shall deliver the Products to the location Customer specifies in Customer’s order, using Raven Rose’s standard methods for packaging and shipping such Products. 

SECTION 6 - ARTISTIC RELEASE. Customer has spent a satisfactory amount of time reviewing Raven Rose's work and has a reasonable expectation that Raven Rose will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency: Raven Rose will use reasonable efforts to ensure Customer's desired Product(s) are produced in a style and manner consistent with Vendor's current portfolio and Designer will try to incorporate any reasonable suggestion made by Customer. However, Customer understands and agrees that: Every Customer is different, with different tastes, budgets, and needs; Design services are often a subjective art and Designer has a unique vision, with an ever-evolving style and technique; Designer will use its artistic judgment when providing Product(s) for Customer, which may not include strict adherence to Customers' suggestions; Although Raven Rose will use reasonable efforts to incorporate Customer's suggestions and desires when providing Customer with the Product(s), Designer shall have final say regarding the aesthetic judgment and artistic quality of the Product(s).

Disclaimer about Pressing Flowers:
Color change is expected when drying and pressing florals. White florals tend to yellow/brown, reds tend to change to dark maroon for example. There are also flowers that do not press well; they are are too thick or hold too much water. Raven Rose will press as many florals as possible to include in Product(s). Not all will be pressed, and not all that are pressed will be used. Raven Rose will go through and choose the best quality and in best condition flowers prior to pressing and framing to ensure the best Product.


SECTION 7 – PRODUCT DETAILS/COLORS. Raven Rose’s frame designs are protected by ninety-nine percent (99%) coated UV glass. Customer acknowledges that Raven Rose creates the Products with real florals, and as a result, the pigmentation in Customer’s bouquet will naturally fade over time. Customer acknowledges that Raven Rose does not use any paint, dye, or color enhancements in the preservation process to create Customer’s Products. Raven Rose recommends that Customers keep the Products in a temperature-controlled, dimly lit space, away from bright lighting and sunlight, to help extend the color of the florals and Products. 

SECTION 8 – ORDER CANCELLATIONS. Customer may cancel Customer’s order up until Raven Rose receives Customer’s bouquet. Customer acknowledges that if Customer cancels Customer’s order within twenty-four (24) hours of placing the order, Customer will receive a full refund. Customer acknowledges that Raven Rose shall deduct a twenty percent (20%) holding fee from any order cancellations that occur more than twenty-four (24) hours after the order was placed. Raven Rose may, in Raven Rose’s sole discretion, cancel orders placed by Customer. In the event that Raven Rose makes a change to, or cancels an order, Raven Rose may attempt to notify you by contacting the e‑mail, phone number, and/or billing address provided at the time the order was made. Raven Rose reserves the right to limit or prohibit orders that, in Raven Rose’s sole judgment, appear to be placed by dealers, resellers, or distributors. Customer agrees to provide current, complete, and accurate purchase and account information for all purchases made on Raven Rose’s website. Customer agrees to promptly update Customer’s account and other information, including Customer’s email address, credit card numbers and expiration dates, so that Raven Rose can complete Customer’s transactions and contact Customer as needed.

SECTION 9 – RETURNS/DAMAGES. Requests for returns are not accepted once Raven Rose receives Customer’s bouquet/florals at Raven Rose’s shop/facilities to begin creating the Product(s). Raven Rose does not accept returns for completed orders, as each Product requires custom, handmade work. Notwithstanding the preceding sentence, Raven Rose may grant returns for Product(s) to certain customers, in Raven Rose’s sole discretion. Notwithstanding the limited warranty set forth in Section 10, if the Product is defective or damaged upon delivery to Customer, Raven Rose may take reasonable steps to repair or correct the defect or damage, and determine the appropriate resolution, in Raven Rose’s sole discretion. If the Product purchased by Customer is a framed design, and Customer has an issue with the frame, Customer must contact Raven Rose within 10 business days to discuss a resolution.

SECTION 10 – LIMITED WARRANTY. Raven Rose will use commercially reasonable efforts to create the Product and ship Customer’s order to Customer in a timely, workmanlike, and professional manner, in accordance with generally-recognized industry standards, but Raven Rose makes no representations or warranties with respect to the condition of Customer’s order upon arrival. Notwithstanding anything herein to the contrary, Customer assumes all risks (including, but not limited to, physical damage, or harm to Customer’s order) relating to or arising from the transportation of Customer’s order. 

SECTION 11 – CUSTOMER'S EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAVEN ROSE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, RELIANCE, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR ANY OTHER LOSSES UNDER ANY LEGAL THEORY INCLUDING CONTRACT AND TORT, ARISING FROM, OR IN CONNECTION WITH, THIS AGREEMENT AND THE PRODUCTS CONTEMPLATED HEREUNDER, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND/OR WHETHER RAVEN ROSE WAS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL RAVEN ROSE’S AGGREGATE LIABILITY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, WHETHER ARISING OUT OF, OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO RAVEN ROSE PURSUANT TO THIS AGREEMENT. 

SECTION 12 – DISCLAIMER. EXCEPT FOR THOSE WARRANTIES SET FORTH HEREIN, RAVEN ROSE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR INFRINGEMENT OF INTELLECTUAL PROPERTY. RAVEN ROSE MAKES NO WARRANTY WHATSOEVER REGARDING THE PRODUCT(S), WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY RAVEN ROSE, OR ANY OTHER PERSON ON RAVEN ROSE'S BEHALF.

SECTION 13 – MODIFICATION/WAIVER. Notwithstanding anything contained herein to the contrary, any modification of this Agreement must be in writing and signed by an authorized representative of each party. No claim or rights arising out of a breach of the Agreement by Customer may be discharged in whole or in part by a waiver of the claim or right, unless the waiver is in writing, signed by an authorized representative of Raven Rose. Raven Rose’s waiver or acceptance of any breach by Customer of any provisions of the Agreement shall not constitute a waiver of or an excuse for nonperformance as to any other provision of the Agreement nor as to any prior or subsequent breach of the same provision. Raven Rose, at its sole discretion, and without notice to Customer, may correct any errors on any order placed by Customer, and such correction shall operate to amend this Agreement. 

SECTION 14 - FORCE MAJEURE. Raven Rose shall not be deemed in breach of this Agreement and liable to Customer for any delay or failure in performing its obligations under this Agreement to the extent that such delay or failure is caused by reason of fire, earthquake, flood, hurricane, or other severe weather, labor dispute, act of war, pandemic, epidemic, terrorism, riot, or other severe civil disturbance, or any local, state, federal, national, or international law, governmental order, including state of emergency orders or regulation, or any other event beyond the reasonable control of that party. 

SECTION 15 - GOVERNING LAW; VENUE. The formation, construction, performance, and enforcement of this Agreement shall be in accordance with the laws of New York State without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree that any action related to this contract shall be brought in Dutchess County, New York. 

SECTION 16 - SEVERABILITY. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. 

SECTION 17 - HEADINGS. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect. 

SECTION 18 - INTEGRATION. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings, and discussions between the parties relating to the subject matter of this Agreement. Any other ambiguities shall be resolved with the most reasonable and legally valid construction, without regard to authorship of such provisions.