Terms of service

Welcome to Lupita's Flower Shop. The terms "we," "us," and "our" refer to Lupita's Flower Shop. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the "Services"). The Services are powered by Shopify.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

1. Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

You may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

We have made every effort to provide an accurate representation of our products in our online stores. However, colors or product appearance may differ from how they appear on your screen due to device type and settings.

We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to what is depicted online. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product and limit quantities offered to any person, region, or jurisdiction.

Our artificial flowers, wreaths, plants, Christmas trees, and topiaries are handcrafted and may exhibit slight variations in color, texture, or arrangement. These natural variations are inherent to the manufacturing process and do not constitute a defect.

3. Orders

When you place an order, you are making an offer to purchase. Lupita's Flower Shop reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance and process your payment.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4. Order Cancellation

You may cancel your order within 24 hours of placing it, provided the order has not yet been processed or shipped. To request a cancellation, please contact us at info@lupitasflowershop.net with your order number.

Once an order has been processed or shipped, it cannot be cancelled. You may return or exchange the item(s) in accordance with our Return & Refund Policy.

We reserve the right to cancel orders that appear fraudulent, unauthorized, or suspicious. If your order is cancelled by us, you will be notified and a full refund will be issued to your original payment method.

5. Order Processing and Shipping

Order Processing

We process orders within 1 to 2 business days after they are placed. Orders received before 3:00 PM Central Time on a business day are typically processed the same day. Orders received after 3:00 PM Central Time or on weekends and holidays will be processed on the next business day.

You will receive a confirmation email once your order has been processed and shipped, including tracking information where applicable.

Shipping and Delivery

We currently ship only within the United States. We do not ship to P.O. boxes, APO/FPO addresses, or international destinations.

Free standard shipping is provided on all orders. Standard delivery takes 3 to 6 business days after your order has been processed. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

Once we transfer products to the carrier, title and risk of loss passes to you.

6. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Unless otherwise stated, posted prices do not include taxes, customs, or import charges.

Prices in our online stores may differ from prices offered elsewhere. We may offer promotions governed by separate terms. If there is a conflict, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent and warrant that the credit card information you provide is true, correct, and complete, that you are authorized to use it for the purchase, and that you will pay all charges incurred at the posted prices, including applicable taxes.

7. Returns, Refunds, and Exchanges

All products are covered by our 30-Day Return Policy. Items must be unused, unassembled, and returned in their original packaging with all tags and accessories.

To initiate a return or exchange, contact us at info@lupitasflowershop.net with your order number, reason for the return, and any applicable photographs (required for damage claims).

Once your return is received and inspected, refunds will be processed within 10 business days to your original payment method. Please allow additional time for your bank or credit card company to post the refund.

For full details, please refer to our Return & Refund Policy page.

8. Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Lupita's Flower Shop, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

Lupita's Flower Shop's names, logos, product and service names, designs, and slogans are trademarks of Lupita's Flower Shop or its affiliates or licensors. You must not use such trademarks without prior written permission.

9. Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to access third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, or content on third-party websites. Please review the third-party's policies before engaging in any transaction.

10. Relationship with Shopify

The Services are powered by Shopify. However, any sales and purchases you make are made directly with Lupita's Flower Shop. Shopify is not responsible for any aspect of any sales between you and us. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Lupita's Flower Shop.

11. Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy. Information you submit will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside.

12. Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation received, and that your Feedback will comply with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation, or respond to it. We may, but have no obligation to, monitor, edit, or remove Feedback we determine to be unlawful, offensive, or otherwise objectionable.

13. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders at any time without prior notice.

14. Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services:

(a) for any unlawful or malicious purpose; (b) to violate any regulations, rules, laws, or ordinances; (c) to infringe upon or violate intellectual property rights; (d) to harass, abuse, defame, or harm any person; (e) to transmit false or misleading information; (f) to transmit advertising or promotional material, including spam; (g) to impersonate any person or entity; or (h) to interfere with or circumvent the security features of the Services.

You agree not to upload viruses, reproduce or exploit any portion of the Services, collect personal information of others, or use automated tools to access the Services.

We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated these Terms.

15. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY LUPITA'S FLOWER SHOP, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.

16. Limitation of Liability

To the fullest extent provided by law, Lupita's Flower Shop, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Services or any products procured through the Services.

17. Indemnification

You agree to indemnify, defend, and hold harmless Lupita's Flower Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of:

(1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

18. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, it shall nonetheless be enforceable to the fullest extent permitted by applicable law. Such determination shall not affect the validity and enforceability of any remaining provisions.

19. Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. These Terms of Service and any policies posted on this site constitute the entire agreement between you and us, superseding any prior agreements, communications, or proposals, whether oral or written.

20. Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

21. Governing Law

These Terms of Service shall be governed by and construed in accordance with the federal and state courts in the jurisdiction where Lupita's Flower Shop is headquartered. You and Lupita's Flower Shop consent to venue and personal jurisdiction in such courts.

22. Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

23. Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following any changes constitutes acceptance of those changes.