Terms of Service
Welcome to Cambray Rose Gardens! The Cambray Rose Gardens website is provided by Cambray Rose Gardens, Inc. and/or its affiliates and subsidiaries for your personal, non-commercial enjoyment, subject to the terms and conditions of use set forth here and all modifications thereto (the "Terms"), and the rules that may be revised by Cambray Rose Gardens. By using the Site, you are explicitly agreeing to these Terms. The term "Site" includes the website located at Cambrayrosegardens.com and any other online properties owned or operated by us.
We may revise these terms at any time without actual notice. All such changes to the Terms will appear on our Site, and be effective immediately. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms, please do not use this Site.
Description of Services
Cambray Rose Gardens, via the Site, provides users with the ability to purchase flower arrangements, plants, and services (“Goods,” and “Services) at a low, flat rate.
Terms of Sale
By placing an order on Cambrayrosegardens.com, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, or delivery fees), and agree to the terms, restrictions, and conditions of the purchase as of the time you submitted the order. Unless you and Cambray Rose Gardens have agreed to an alternate billing arrangement in writing signed by Cambray Rose Gardens, we will automatically bill the credit card submitted as part of the order process for such price. After placing your order, you will receive a confirmation email and your order will be shipped as specified. All purchases are non-refundable.
Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Sales Tax
Sales taxes are not included in the price of the products. We will automatically charge and withhold the applicable sales tax for orders placed through www.cambrayrosegardens.com.
Delivery
We make every effort to deliver your order as quickly as possible. Limited same-day delivery is available, on a first-come, first-serve basis. To ensure same day delivery, orders must be received prior to 12:00 p.m. on your desired delivery date.
Deliveries will be made between the hours of 9 a.m. and 5 p.m. PST. We cannot guarantee delivery time, but will do our best to accommodate your preferences.
Delivery outside of Chico
At this time, Cambray Rose Gardens can provide flower delivery service solely within Chico city limits. If you live outside of Chico, and would like to order arrangements, please email us to inquire about availability for your desired date. We will try to accommodate as many requests as possible.
Delivery to Hospitals
When placing your order, please be sure to include the hospital name and telephone number, the name of the recipient and room number or ward of the recipient.
We will send your gift bouquet in accordance with facility procedures, as most hospitals do not allow florists to personally deliver to individual rooms. Please note that many ICU patients are not permitted to receive flowers. Please check with the hospital before placing your order.
Recipient Availability
If the recipient is not available when we attempt to deliver, we will either:
• Leave the arrangement with an authorized recipient (front desk or reception personnel, administrative assistant or co-worker, etc)
• Leave the arrangement in a covered, secure area of the home (porch, garage, or other entrance).
• Leave a note on the recipient's door, desk, mailbox, etc, asking them to contact the Cambray Rose Gardens to schedule a delivery time (this occurs in the event that it’s too hot outside to leave the flowers)
Payment Options
Cambray Rose Gardens uses the industry's leading security technology to ensure that your order will be safe and secure. Please read our Privacy policies for more information.
Cambray Rose Gardens accepts Visa, MasterCard, Discover, and American Express. All orders are subject to CA sales tax. You will have an opportunity to review this amount before submitting your order.
Restrictions On Use of Material
Only if you obtain prior written consent from Cambray Rose Gardens, and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from the Site. To seek our permission, you may write to us at pam@cambrayroseflorist.com. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Site.
Disclaimers of Warranty
We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and partners make no express warranties or guarantees about the Site, Goods, or Services. The extent permitted by law, we and our Officers, Directors, Agents, Partners, and Vendors disclaim implied warranties that the site and services are merchantable, of satisfactory quality, accurately depicted and described, appropriate for a particular purpose or need, and non-infringing. We do not guarantee that Cambray Rose Gardens will meet your particular purpose or need, is error-free, reliable and available at all times, and without interruption. We do not make any warranties as to privacy and security other than as expressly stated in the Privacy Policy. No oral or written information or advice given by a Cambray Rose Gardens representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot, and does not attempt to, change.
Limitations of Liability
Your sole remedy for any dispute with us it to discontinue your use of Cambray Rose Gardens. In no event shall our liability, or the liability of our Officers, Directors, Agents, Partners, and Vendors, for any and all claims relating to the use of the site and services, exceed the total amount of fees that you paid us during the previous one-year period of use for the specific service of the issue. We, our Officers, Directors, Agents, Partners, and Vendors, shall not be liable for any indirect, incidental, consequential, or special damages arising from your use, or inability to use, or reliance upon our site and services. These exclusions apply to any and all claims of lost profit or goodwill, even if we knew, or should have known, of the possibility of damages. If jurisdiction does not allow the exclusion of liability for damages, in such jurisdiction, our liability, and the liability of our Officers, Directors, Agents, Partners, and Vendors, shall be limited to the extent permitted by law.
Indemnity
You agree to indemnify and hold harmless Cambray Rose Gardens, parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents and representatives of each of them, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your access to or use of the Service; (ii) your violation of the Terms of Service; (iii) the infringement by you, or any third party using your account, of any intellectual property, copyright infringement, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Cambray Rose Gardens.
Reservation of Rights and Release
Cambray Rose Gardens reserves the right, but has no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other customers of Cambray Rose Gardens, our partners, or Merchants. To the extent the law permits, you release us from any claims or liability related to Content posted on the Site and from any claims related to the conduct of any other Cambray Rose Gardens customers or Merchants. You hereby waive California Civil Code Section 1542 (for California residents), and any similar provision in other jurisdictions (if applicable), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Unsolicited Materials
In operating this site, we do not solicit, nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
User's Grant Of Limited License
By communicating with us, including submitting or sending Content, a Contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us.
Electronic Communications
The communications between you and Cambray Rose Gardens uses electronic means, whether you visit the Site and send us email communication, or whether Cambray Rose Gardens posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Cambray Rose Gardens in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cambray Rose Gardens provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. For more details, please read our Privacy Policy.
Provisions Unenforceable or Invalid
The Terms and Privacy Policy, as amended from time to time, constitute the entire Agreement (the "Agreement") between you and Cambray Rose Gardens. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any order issued prior to termination will be honored according to its terms and conditions.
If you have any questions about this policy or our site in general, please contact us.