Terms of Service and Waiver of Liability
Native Poppy strives to provide excellent customer service. It is our belief that a satisfied customer equals success. Therefore, we understand your concerns about security and proper fulfillment of any order placed online, via telephone, or in our shop. The following statement explains our terms of service, how our subscriptions work, and discloses our Return and Refund Policy.
Native Poppy makes every effort possible to match requests for colors, varieties, sizes and quantities of fresh floral materials and the client understands that those fresh products and materials are subject to the laws of nature. If a specific match of the highest quality cannot be made to the original contracted items, substitutions will be made at the sole discretion of Native Poppy for a product of an equal or higher value.
Once flower leave the premises of Native Poppy they are no longer responsible for floral arrangements and/or décor. Native Poppy cannot be held accountable for contracted items damaged during the course of the event by weather (heat, cold, rain, wind, etc.) or persons other than Native Poppy staff members.
If Native Poppy is not able to perform or provide in entirety its contracted services or products for any reason, not limited to, but including Acts of God, war, civil disturbances, road closures, severe traffic, fire, casualty, or other causes beyond the control of both parties, all payments with the exception of the deposit will be returned in full.
Native Poppy LLC. reserves the right to make substitutions in the event the flowers received are not of the quality suitable for your flower order. In this event, the integrity of the proposed color scheme will be maintained and flowers of equivalent value will be used. Native Poppy flower arrangements are all one of a kind! Each arrangement is subject to flower availability and season.
All flower orders are final. Once the order leaves the store premises to be delivered by a contracted third party service, Native Poppy LLC. is no longer responsible for the order (i.e.: any damages incurred due to mishandling, transit, weather, etc.)
Things happen! We understand and have you covered! Cancellations or modifications will be considered on a case-by-case basis. Just let us as soon as you can and we’ll be in touch to let you know how we can help. For Shop Wedding Orders we need at least 1 week notice—the more notice, the better!
How Our Subscriptions work
We provide flower subscriptions for pick-up or San Diego delivery! Weekly, bi-weekly, or every four weeks, we'll deliver flowers to brighten up your space! Simply place your order online, in the store or by calling us at (619)535-0245. You can select the size, frequency and timeframe for your recurring order. With the delivery or pick-up of each arrangement, we will collect your previously used vase and provide you with a fresh one. We hope you enjoy your flowers, and they bring a lot of smiles!
Payment must be completely processed 72 hours prior to order fulfillment.You must give us 72 hours or more notice before changing subscription delivery, to do so, email firstname.lastname@example.org.
Things happen! We understand and have you covered! Merchandise may be returned for store credit or exchanged within 30 days of purchase, with receipt or credit card to look up order. Merchandise MUST be in perfect condition and original packaging. All merchandise sold by Native Poppy is sold as-is without any guarantee.
If you place an order and claim it was not delivered to the recipient, please allow us 24-48 hours for a complete investigation into the matter. Native Poppy has partnered with Courier Collective to deliver floral orders locally. Once the arrangement or wrap has been handed off to Courier Collective, Native Poppy is no longer responsible for the delivery. In many cases, it is a simple matter that delivery was attempted and no one was available at the home or office to accept delivery and no neighbors or other parties were able to take delivery on the recipient’s behalf. If this is the case, Native Poppy reserves the right to attempt redelivery of your order. On the rare occasion that we discover no delivery attempt was made, we will provide you with a full refund. If we are unable to substantiate your claim, we reserve the right to reject that claim.
If you place an order and the recipient rejects delivery, whatever the reason, Native Poppy will not provide a refund and cannot be held liable for the recipient’s decision.
If a delivery is made, and there is any question as to the quality of the flowers, the recipient should contact Native Poppy to discuss the matter. In most cases, we will gladly replace the arrangement. However, claims must be made within 24 hours of delivery. No refunds or replacements will be made after this period. Nor will refunds or replacements be made based on improper plant or flower care on the part of the recipient.
We hope your flower arranging workshop experience is safe and rewarding, but accidents can happen. The following waiver must be signed by all participants to protect the Native Poppy LLC. from liability.
Waiver: In consideration of being permitted to participate in any way in the Native Poppy Flower Workshop I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Native Poppy LLC. or its employees, volunteers and agents from liability from any and all claims resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, risks associated with the use of alcohol; risks associated with the use of alcohol in conjunction with tools or other equipment and participation in the Native Poppy workshop.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD Native Poppy LLC. and its employees, volunteers and agents HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in the Native Poppy workshop and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Photo Release: I authorize Native Poppy LLC. to use my or my child’s photo in any manner Native Poppy LLC. desires, for advertising, display, audio-visual, exhibition or editorial use.
Acknowledgment of Understanding: I have read this waiver of liability, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Parent or Guardian (if student is under 18): I am the parent or legal guardian of the above named minor child and, as such, I am authorized to enter into this agreement. I agree that my minor child and I are bound by and subject to the terms of this agreement. I understand that my signature here reflects my agreement to hereby release, waive, discharge, and covenant not to sue Native Poppy LLC. or its employees, volunteers and agents from liability from any and all claims resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in the Native Poppy workshop.