TERMS OF SERVICE

Last Updated: April 12, 2025

1. TABLE OF CONTENTS

Pinker Times, Inc. ("Company," "we," "us," or "our") provides access to information through our website accessible at the URL https://pinkertimes.com (the "Site") and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services"). The Site and Services are made available to you only under the following terms and conditions (the "Terms").

These Terms constitute a legally binding agreement between you and Pinker Times regarding your use of the Site and Services. By accessing or using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or Services.

2. DEFINITIONS 

As used in these Terms, the following terms have the meanings indicated:

"Account" means a registered user account with Pinker Times.

"Arrangement" means a designed collection of fresh cut flowers and/or decorative elements provided by Pinker Times.

"Content" means all information, text, images, data, links, software, or other material accessible through the Site or Services, whether created by us or provided by another person for display on the Site or through the Services.

"Customer" means any person who makes a purchase from Pinker Times.

"Freshness Guarantee" means our commitment that flowers will remain fresh for a specified period when proper care instructions are followed.

"Product" means any flower arrangement, plant, gift item, or other merchandise offered for sale by Pinker Times.

"Subscription" means a recurring purchase arrangement for flower deliveries at specified intervals.

"User Content" means any content, materials, or information (including without limitation, text, images, audio material, video material, reviews, and ratings) that you submit to the Site or Services.

3. PRIVACY POLICY 

Our Privacy Policy is located at https://pinkertimes.com/policies/privacy-policy ("Privacy Policy"). By using the Service, you represent that you have read and consent to our Privacy Policy. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service.

3.1 Customer Data Usage for Personalization

We collect and use your browsing habits, purchase history, and product preferences to create a personalized shopping experience. This information helps us:

• Recommend flower arrangements and products you might enjoy
• Customize marketing communications to your interests
• Improve our Site and Services to better meet your needs
• Create and offer special promotions relevant to your preferences

You may opt out of personalized marketing at any time by using the unsubscribe link in our emails or by contacting customer service. However, we may still collect and use certain data as outlined in our Privacy Policy.

3.2 California Consumer Privacy Act Notice

If you are a California resident, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for details on your rights and how to exercise them.

4. ACCOUNT TERMS 

4.1 Account Creation

In order to use certain features of the Site or Services, you must register for an Account and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that:

(a) All required registration information you submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are at least 18 years of age or the age of legal majority in your jurisdiction; and (d) Your use of the Services does not violate any applicable law or regulation.

4.2 Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your Account login information, including username and password, and are fully responsible for all activities that occur under your Account, whether or not authorized by you. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4.3 Account Termination

We reserve the right to suspend or terminate your Account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason. Upon termination:

(a) Your access to our Services will be disabled; (b) Your stored User Content may be deleted; (c) Any rewards points or store credits may be forfeited; and (d) Any outstanding orders may be canceled.

5. ACCESS TO OUR ONLINE SERVICES AND TOOLS 

5.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable personal license to:

(a) Access and use the Site and Services; and (b) Download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the Site as available for download ("Downloadable Tools") (if any).

The Downloadable Tools are deemed part of the "Service". Your use of any Downloadable Tools may be subject to additional terms and conditions that accompany such Downloadable Tools.

5.2 General Restrictions On Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third party. You may use the Site and the Services (including the Downloadable Tools) only for your personal, non-commercial purposes.

You further agree not to:

(a) Combine or integrate the Site and the Services with hardware, software or other technology or materials not provided by us; (b) Modify or create any derivative product based on the Site, the Services (including the Downloadable Tools); (c) Decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services is compiled or interpreted; (d) Violate any local, state, national or international law; (e) Stalk, harass or harm another individual; (f) Collect or store personal data about other users; (g) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (h) Interfere with or disrupt the Services or servers or networks connected to the Services.

5.3 Use Of Third-party Offerings

You may be able to access websites, content, products or services provided by third parties through links that are made available on the Site. We refer to all such websites, content, services and products as "Third-Party Offerings." If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.

5.4 SMS Text Messages

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us sent through an automatic telephone dialing system. These may include delivery notifications and flower care reminders. Message frequency varies. This service is optional and is not a condition for purchase.

You can opt out of receiving any further Text Messages from us at any time by replying "STOP" to any Text Message you receive from us. For help, reply "HELP" to any Text Message you receive from us or email support@pinkertimes.com. Standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier.

5.5 Ownership

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service (including the Downloadable Tools), and all related intellectual property rights, other than User Content. Company and its suppliers reserve all rights not granted in these Terms.

If you provide Company any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

6. USER CONTENT 

6.1 User Content Definition

"User Content" means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user's profile, photographs of received arrangements, reviews, comments, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below).

6.2 License

You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your name, voice, photograph, and likeness) for any purpose, including but not limited to marketing, advertising, promotional purposes, and product development.

This license includes the right to:

• Feature your reviews, photographs, or testimonials in our marketing materials
• Share your content on our social media accounts, email newsletters, and website
• Edit or modify your content for formatting, clarity, or promotional purposes
• Associate your name and likeness with your content in any of these contexts

This license continues even if you stop using our Services. You agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.

6.3 Acceptable Use Policy

The following sets forth Company's "Acceptable Use Policy": You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content that:

(a) Violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) Is harmful to minors in any way; (d) Is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (e) Constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (f) Constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

6.4 User Behavior on Community Features

If you participate in community features on our Site such as product reviews, comments, or forums:

(a) You agree to engage respectfully with other users and maintain a constructive tone; (b) You will not post misleading or false information about our Products or competitors; (c) You will disclose any material connection you may have to Pinker Times when posting content; (d) You understand we have the right to remove any content that violates these Terms or that we determine is harmful to our community; and (e) We reserve the right to ban users who repeatedly violate these community standards.

6.5 Enforcement

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities.

7. TERMS AND CONDITIONS OF SALE 

7.1 Products And Pricing

All Products listed on the Site, their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product.

In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to decline or cancel any such orders, whether or not the order has been confirmed and/or your payment method has been charged. If your payment method has already been charged and we cancel your order, we shall immediately issue a refund to your payment method in the amount of the charge.

7.2 Orders

When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or modify or decline or cancel your order (in whole or in part) for any reason.

We may require additional verifications or information before accepting any order. For high-value orders or orders with special requirements, we may contact you for additional verification before processing your order.

7.3 Payment Terms

For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order ("Product Price"), the delivery fees for the delivery service you select ("Delivery Fees"), and any applicable Taxes (defined as all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase, excluding taxes based on Company's income).

You will be solely responsible for payment of all Taxes not withheld by Company. All payments are non-refundable except as expressly set forth in these Terms. 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 agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.

7.4 Payment Methods

We accept various payment methods, which may include credit cards, debit cards, PayPal, Apple Pay, Google Pay, and other methods as specified on our Site. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges).

If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any payment method problems to proceed with your order. We reserve the right to refuse any order placed with us.

8. PRODUCT INFORMATION 

8.1 Flower Arrangement Representations

We strive to display our flower arrangements as accurately as possible. However, we do not guarantee that all details of our arrangements (including availability, descriptions, colors, images, prices, promotions, and shipping charges) are accurate, complete, reliable, current, or error-free. Due to the nature of floral products:

(a) The exact flowers, colors, and presentation may vary from the images shown on our website; (b) Substitutions of flowers or containers may be necessary to ensure your arrangement is delivered in a timely manner; (c) The arrangement's appearance may vary depending on the florist's interpretation; (d) Flowers are natural products and may vary in appearance, including color and size.

The colors you see on your screen may differ from the actual colors of the flowers due to variations in monitor display settings. We do not guarantee that your screen's display of any color, texture, or detail of the flower arrangement will be accurate.

8.2 Limited and Seasonal Flowers

We may offer seasonal, limited-edition, or exclusive flower arrangements that are available in limited quantities and may not be restocked once sold out. For these arrangements:

(a) We reserve the right to limit the quantity that may be purchased per order, per account, or per person; (b) We may use a waitlist system for high-demand arrangements, with no guarantee of availability; and (c) We may offer certain arrangements as pre-orders before they are in stock, with estimated shipping dates that are subject to change.

8.3 Flower and Container Modifications

We reserve the right to make changes to our arrangements at any time without notice. This includes modifications to flower varieties, colors, containers, design, packaging, or specifications. These modifications may be made to comply with applicable laws, address supply chain issues, account for seasonal availability, or improve the arrangement.

8.4 Packaging and Unboxing Experience

Our packaging is designed to protect flowers during shipping and provide an enjoyable unboxing experience. However:

(a) Packaging design, materials, and appearance may change without notice; (b) Any sustainability or environmental claims regarding our packaging are accurate at the time of making such claims but may change as we update our packaging; (c) By sharing images or videos of your unboxing experience on social media or other platforms, you grant us the right to reuse such content as described in the User Content license section; and (d) While we strive to create a consistent experience, there may be variations in packaging between orders.

9. FLOWER SUBSCRIPTION SERVICE TERMS 

9.1 Subscription Overview

Our flower subscription services allow you to receive recurring deliveries of fresh floral arrangements without placing a new order each time. By signing up for a subscription, you agree to recurring automatic payments for your subscription until it is canceled.

9.2 Subscription Types

We offer several subscription options:

(a) Weekly Blooms: Fresh arrangements delivered every week (b) Bi-Weekly Delight: Fresh arrangements delivered every two weeks (c) Monthly Flowers: Fresh arrangements delivered once per month (d) Seasonal Collections: New arrangements delivered at the start of each season (four times per year)

Each subscription type features different arrangement sizes, styles, and price points as detailed on our subscription page.

9.3 Flower Selection and Seasonal Variation

Our subscription arrangements are curated by our floral designers based on:

(a) Seasonal availability of the freshest blooms (b) Color preferences you may select during signup (c) The design theme of the particular subscription tier

You acknowledge that: (a) Each delivery will feature different flowers based on seasonal availability (b) We do not guarantee specific flower varieties in subscription arrangements (c) Our designers select the best available flowers to create unique arrangements each time (d) While we consider your color preferences, exact color matching is not guaranteed

9.4 Billing and Renewals

When you purchase a flower subscription:

(a) You authorize us to charge the payment method you provide on a recurring basis until you cancel (b) You will be charged according to the frequency you select (weekly, bi-weekly, monthly, or seasonal) (c) Charges are processed 2 business days before each scheduled delivery (d) We will send an email reminder 3 days before each renewal payment is processed (e) If your payment method is declined, we will attempt to process the charge again within 24 hours; if the payment is still unsuccessful, your subscription delivery will be skipped (f) After two consecutive failed payment attempts, your subscription may be paused until billing information is updated (g) If there is a change in subscription pricing, we will notify you by email at least 30 days before the new price takes effect

9.5 Delivery Schedule

For subscription deliveries:

(a) You will select a preferred delivery day during checkout (subject to availability in your zip code) (b) Your chosen delivery day will remain consistent throughout your subscription (c) If your delivery day falls on a holiday, your flowers will be delivered on the next available delivery day (d) We deliver within a window of 9am-7pm on your scheduled delivery day (e) We cannot guarantee specific delivery times within this window (f) Subscription deliveries take priority during high-volume floral holidays

9.6 Subscription Modifications

You may modify your subscription by:

(a) Changing your delivery address (b) Updating recipient information (c) Adjusting your color preferences (d) Switching to a different subscription tier (e) Changing the frequency of deliveries (where available) (f) Pausing your subscription for up to 8 weeks at a time (g) Updating your shipping or billing information

To make these changes, log into your account on our Site or contact customer service at least 3 business days before your next scheduled delivery. Changes requested less than 3 business days before a scheduled delivery may not take effect until the following delivery.

9.7 Vacation Holds

We understand you may not always be available to receive your flowers. Therefore:

(a) You may place your subscription on hold for vacation or travel (b) Vacation holds must be scheduled at least 3 business days before your next delivery (c) During a vacation hold, you will not be charged for skipped deliveries (d) You may schedule vacation holds for up to 8 consecutive weeks (e) Subscriptions automatically resume after the vacation hold period ends (f) You may set up to 12 weeks of vacation holds per calendar year

9.8 Subscription Cancellation

You may cancel your subscription at any time by:

(a) Logging into your account on our Site (b) Using the subscription management tools in your account dashboard (c) Contacting customer service at support@pinkertimes.com

To avoid being charged for the next delivery, you must cancel at least 3 business days before your next scheduled delivery date. Cancellation will stop all future deliveries and charges but will not affect orders that have already been processed.

Upon cancellation: (a) You will not receive a refund for deliveries already made (b) You will not be charged for future deliveries (c) Any applicable loyalty points or rewards may be affected as detailed in our Rewards Program terms

9.9 Subscription Quality Guarantee

Our standard 7-day freshness guarantee (as detailed in Section 11.1) applies to all subscription flowers. However, subscription members receive the following enhanced benefits:

(a) Priority replacement service for quality issues (b) Exclusive access to our dedicated subscription support team (c) Bonus replacement blooms may be added to future deliveries to compensate for any quality issues (d) Extended reporting time of 48 hours (instead of the standard 24 hours) for any quality concerns

9.10 Prepaid and Gift Subscriptions

Prepaid subscriptions and gift subscriptions are paid for in full at the time of purchase and run for a fixed period. These subscriptions:

(a) Do not auto-renew at the end of their term (b) Cannot be canceled for a refund once purchased (c) May be modified in terms of delivery schedule, address, or recipient information (d) May be extended through the purchase of additional prepaid periods (e) Include an optional gift message with the first delivery (f) Can be activated by the recipient within 12 months of purchase if sent as a redeemable code

9.11 Seasonal Subscription Adjustments

Due to the natural seasonality of flowers:

(a) We may adjust the composition of arrangements throughout the year (b) Holiday-themed arrangements may be substituted during major floral holidays (c) During extreme weather conditions affecting flower supply chains, we may need to make more significant substitutions (d) The retail value of certain seasonal arrangements may vary, but we guarantee that the annual average value will meet or exceed your subscription price point

9.12 Subscription Benefits

Active flower subscription members receive exclusive benefits that may include:

(a) Complimentary vase with first delivery (select subscription tiers only) (b) Seasonal flower care accessories included periodically (c) Priority access to limited-edition arrangements (d) Enhanced loyalty points on additional purchases (e) Subscriber-only promotions and early access to new products (f) Complimentary delivery on subscription orders (g) Exclusive educational content on flower care and arranging

Benefits vary by subscription tier and are subject to change with notice to subscribers.

10. SHIPPING AND DELIVERY 

10.1 Delivery Areas

We deliver within the continental United States (this excludes Alaska, Hawaii, Puerto Rico, and all United States Territories). We do not deliver to PO Boxes. Any delivery times provided by Company are estimates. All delivery areas are subject to change, at our discretion.

10.2 Shipping Timeline Flexibility

Delivery timelines are estimates only and are not guaranteed. Actual delivery times may vary due to processing time, shipping carrier delays, weather conditions, or other circumstances beyond our control. During high-volume periods such as Valentine's Day, Mother's Day, and other major holidays, processing and shipping times may be longer than usual.

In the event of supply chain disruptions, natural disasters, pandemics, or other force majeure events, delivery estimates may be extended, and we will communicate any significant delays to affected customers.

10.3 Delivery Process

No recipient signature is typically required for deliveries of our floral arrangements. The courier may leave the package at the address whether the recipient or another person is available or not. We strongly encourage recipients to be at the delivery location to receive their flowers to ensure they are brought inside promptly to maintain maximum freshness.

You are responsible for providing accurate shipping information. If a package is returned due to an incorrect address provided by you, you may be charged additional shipping fees for redelivery.

10.4 Special Delivery Instructions

You may provide special delivery instructions during checkout, such as: (a) Leaving the arrangement in a specific location (b) Delivery to a neighbor if recipient is not available (c) Specific building access information

While we will attempt to honor these instructions, we cannot guarantee that delivery carriers will follow every detail of special instructions. Additionally, if the arrangement cannot be delivered safely according to your instructions (e.g., rain would damage flowers left outside), the carrier may use their discretion.

10.5 Delivery Windows

Same-day deliveries: (a) Are available in select metro areas for orders placed before 12pm local time (b) May not be available during peak holiday periods (c) Are subject to additional delivery fees

Next-day deliveries: (a) Are available for orders placed before 2pm Eastern Time the previous business day (b) Are not available on Sundays or major holidays (c) May require additional fees for premium delivery times

Standard deliveries: (a) Typically arrive within 1-3 business days depending on destination (b) Are available during normal business hours (9am-7pm) (c) Cannot be scheduled for specific time windows within the delivery day

10.6 Holiday Delivery Schedules

During major floral holidays (Valentine's Day, Mother's Day, etc.): (a) We may adjust standard delivery times and order cutoffs (b) Premium fees may apply for guaranteed delivery dates (c) Orders should be placed further in advance to ensure availability (d) Substitute flowers may be more common due to high demand

11. RETURNS, REFUNDS, AND FRESHNESS GUARANTEE 

11.1 Flower Freshness Guarantee

At Pinker Times, we take pride in the quality and freshness of our floral arrangements. We offer a 7-day freshness guarantee on all standard flower arrangements, meaning your flowers should remain fresh and vibrant for at least 7 days from the delivery date when proper care instructions are followed.

11.2 Reporting Issues

Due to the highly perishable nature of fresh flowers:

(a) Any issues with your floral arrangement must be reported within 24 hours of delivery by contacting our customer service team at info@pinkertimes.com 

(b) You must submit clear photographs that show:

• The entire arrangement as delivered
• Any specific quality issues (wilting, browning, damaged blooms, etc.)
• The packaging if there was damage during transit
• The included care instructions card and/or gift message, if applicable

(c) Failure to report issues within 24 hours and provide the required documentation may result in denial of your claim.

11.3 Eligible Issues for Remediation

We will provide a replacement, store credit, or refund (at our discretion) for the following issues when properly documented:

(a) Flowers arrived significantly damaged, wilted, or dead upon delivery; (b) The arrangement differs substantially from what was pictured on our website (considering seasonal substitutions as noted in Section 11.5); (c) Incorrect arrangement was delivered; (d) Delivery was not made on the promised date (exceptions apply during extreme weather conditions or force majeure events); (e) Flowers failed to meet our 7-day freshness guarantee despite following care instructions.

11.4 Ineligible for Returns or Refunds

The following circumstances are not eligible for returns, replacements, or refunds:

(a) Issues reported more than 24 hours after delivery; (b) Flowers that wilted prematurely due to improper care (exposure to heat/cold, failure to change water, etc.); (c) Minor variations in color, size, or bloom stage compared to website images; (d) Subjective dissatisfaction with the arrangement design when it otherwise matches the product description; (e) Recipient was not available to accept delivery and flowers were left according to delivery instructions; (f) Damage that occurred after successful delivery to the recipient.

11.5 Seasonal Substitutions and Availability

Due to the seasonal nature of flowers and potential supply chain variations:

(a) We reserve the right to make substitutions of equal or greater value to maintain the arrangement's aesthetic appeal when specific flowers are unavailable; (b) Substitutions will maintain the overall color scheme, size, and style of the arrangement selected; (c) During holiday periods, specific flower varieties may be subject to limited availability and increased substitution; (d) For customers with flower allergies or strong preferences, we recommend noting "No Substitutions" in the order special instructions, though this may affect availability.

11.6 Holiday and Peak Season Policies

During major flower holidays (Valentine's Day, Mother's Day, etc.) and peak seasons:

(a) Delivery time windows are expanded to accommodate high order volume; (b) Same-day replacement of arrangements may not be possible due to limited inventory; (c) Priority is given to delivery date over specific delivery time requests; (d) We may need to make more frequent flower substitutions while maintaining the overall value and aesthetic.

11.7 Refund and Remediation Process

When a valid issue is reported and confirmed by our customer service team:

(a) First remedy offered will typically be a replacement arrangement delivered at the next available delivery time; (b) If a replacement is not desired or possible, we may offer store credit of equal value to the original purchase; (c) Monetary refunds will be issued at our discretion and only when replacement or store credit options are not suitable; (d) Refunds will be processed to the original payment method and may take 5-10 business days to appear, depending on your financial institution; (e) Delivery fees may be non-refundable unless the delivery issue was caused by our delivery service.

11.8 Temperature and Weather Considerations

We take precautions to protect flowers during transit, but extreme temperatures can affect floral arrangements:

(a) During extreme heat (above 90°F/32°C) or cold (below 32°F/0°C), certain flowers may show signs of stress despite our protective packaging; (b) During winter months, we may temporarily hold deliveries if temperatures are likely to damage flowers in transit; (c) Weather-related delivery delays do not automatically qualify for refunds when they are beyond our control; (d) We recommend having someone available to receive deliveries during extreme weather conditions to minimize the time flowers are exposed to harmful temperatures.

11.9 Care Instructions

Every arrangement is delivered with care instructions. Following these instructions is essential for maximizing the life of your flowers. Basic care typically includes:

(a) Keeping the arrangement away from direct sunlight, heat sources, and drafts; (b) Changing the water every 2-3 days;

(c) Trimming stems at an angle when changing water; (d) Using the provided flower food according to package directions; (e) Removing spent blooms and leaves that fall below the waterline.

Failure to follow these care instructions may void the freshness guarantee.

11.10 Vase Life Expectations

Different flower varieties naturally have different vase lives. While our 7-day freshness guarantee applies to the overall arrangement, some individual blooms may naturally have shorter lifespans:

(a) Robust flowers (lilies, chrysanthemums, carnations) typically last 7-14 days; (b) Medium-lasting flowers (roses, tulips, daffodils) typically last 5-7 days; (c) Delicate flowers (certain orchids, some garden varieties) may last 3-5 days; (d) Specific care instructions for extended vase life are included with each delivery.

11.11 Special Arrangements and Custom Orders

For special, custom, or one-of-a-kind arrangements:

(a) Approval of a custom design constitutes acceptance of the described elements, colors, and style; (b) Custom orders may have limited or no substitution options if specified flowers are unavailable; (c) Cancellations or changes to custom orders must be made at least 48 hours before scheduled delivery; (d) Our standard freshness guarantee applies to custom arrangements unless otherwise specified.

11.12 Plant Policies

For live plants (as opposed to cut flower arrangements):

(a) Plants are guaranteed to arrive in healthy condition; (b) Any issues with plants must be reported within 48 hours of delivery (extended from the 24-hour policy for cut flowers); (c) Photos of the entire plant, including pot and soil condition, must be provided when reporting issues; (d) Plant replacements may take longer to process than floral arrangements due to availability; (e) Indoor plants are expected to live at least 30 days with proper care (following the included care instructions).

12. GIFT CARDS AND STORE CREDIT

12.1 Gift Cards

Gift cards issued by Pinker Times:

(a) Do not expire and have no fees; (b) Cannot be redeemed for cash unless required by law; (c) Cannot be replaced if lost, stolen, or used without authorization; (d) May only be used to purchase Products on our Site; (e) Cannot be resold or transferred for value; and (f) May be subject to additional terms provided at the time of purchase.

12.2 Store Credit

Store credit may be issued at our discretion as compensation for service issues or as part of promotional offers. Store credit:

(a) Expires one year from the date of issuance unless otherwise specified; (b) Can only be used by the account to which it was issued; (c) Cannot be transferred to another account; (d) Cannot be combined with other promotional offers unless explicitly permitted; and (e) Has no cash value and cannot be redeemed for cash.

12.3 Promotional Codes

Promotional codes:

(a) Must be entered at checkout to be applied to an order; (b) Have a single-use limitation per customer unless otherwise specified; (c) Cannot be applied retroactively to orders already placed; (d) May have minimum purchase requirements or may exclude certain Products; (e) Cannot be combined with other promotional codes; and (f) Expire on the date indicated in the promotion details.

13. PROMOTIONS AND LOYALTY PROGRAM

13.1 Promotions

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order. Promotions are valid for a limited time only. Company reserves the right to modify, cancel, deactivate or delete any or all promotions at any time, for any reason at our sole discretion.

13.2 Loyalty Program

By creating a Pinker Times account and entering into the Rewards Program you acknowledge that:

(a) Points have no "real world" or cash value; (b) Points have no purpose or use except in exchange for benefits or privileges offered by Pinker Times; (c) Redemption offers may be time-limited or available only in limited quantities; (d) Your Points cannot be redeemed by any person or entity other than Pinker Times, or sold or otherwise transferred, or redeemed for cash; (e) Upon termination of your account for any reason, all Points are lost to the extent permitted by law, regardless of how they were acquired by you; (f) Points expire one year from the date they are earned; (g) Pinker Times reserves the right to adjust point balances, modify program rules, or terminate the program with 30 days' notice; and (h) Abuse of the program, including creating multiple accounts or fraudulent activity, may result in termination of your account and forfeiture of all points.

13.3 Floral Rewards Specific Terms

Our floral rewards program includes the following unique features:

(a) Seasonal bonus points for purchases during non-peak periods; (b) Anniversary rewards for subscription members on their subscription anniversary date; (c) Referral bonuses for introducing new customers to our flower delivery service; (d) Early access to seasonal and limited-edition arrangements for members at certain reward tiers; (e) Exclusive workshops and floral education events for members who reach premium tiers; (f) Birthday blooms or credits during your birthday month (must be registered in your account).

13.4 Referral Program

Our referral program allows you to earn rewards by referring new customers to Pinker Times. By participating in our referral program:

(a) You agree not to spam others with referral links; (b) You may not create fake accounts to earn referral rewards; (c) You may not post your referral code on coupon websites, deal forums, or other similar platforms; (d) We reserve the right to deny rewards for referrals that violate these Terms; and (e) We may modify or terminate the referral program at any time.

14. INFLUENCER AND AFFILIATE TERMS 

14.1 Affiliate Program

If you participate in our affiliate program:

(a) You must disclose your affiliate relationship with us in accordance with FTC guidelines and applicable laws; (b) Commissions are earned only on qualified purchases as defined in our Affiliate Program Agreement; (c) We reserve the right to reject any affiliate application or terminate any affiliate relationship at our discretion; (d) You may not bid on our trademarks or brand names in search engines; (e) You may not misrepresent your relationship with Pinker Times or make claims about our Products that are not substantiated; and (f) Detailed terms and commission structures are outlined in our separate Affiliate Program Agreement.

14.2 Influencer Partnerships

For influencers who receive free floral arrangements or compensation in exchange for promotion:

(a) You must clearly disclose that you received free Products or compensation in accordance with FTC guidelines and applicable laws; (b) Your content must reflect your honest opinions and experiences with our floral arrangements; (c) You may not make claims about our Products that have not been approved by us; (d) We retain the right to reuse your content across our marketing channels as specified in any influencer agreement; and (e) We reserve the right to discontinue partnerships that do not align with our brand values.

14.3 Floral Content Guidelines

When creating content about our floral arrangements as an affiliate or influencer:

(a) You should accurately represent the size, appearance, and condition of arrangements; (b) You must include disclosure that flower arrangements may vary based on seasonal availability; (c) You must not misrepresent delivery timeframes or service areas; (d) You should communicate proper care techniques when showcasing our flowers; (e) You may not make claims about flower longevity that exceed our stated guarantees.

15. DISCLAIMERS AND LIMITATIONS OF LIABILITY 

15.1 Limited Warranties

THE SERVICE, THE SITE, ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS (EXCEPT AS SET FORTH IN THE RETURN POLICY) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA.

Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you.

15.2 Limitation Of Liability

USE OF OUR SERVICE, THE SITE, AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR 6 MONTHS HEREUNDER.

15.3 Indemnification

You agree to indemnify, hold harmless and, at our option, defend our company (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from any violation of these terms or applicable law or your user content.

15.4 Force Majeure

Neither party shall be liable for failure to perform any obligation under these Terms when such failure is due to factors beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, strikes, supplier delays, government actions, war, terrorism, or other force majeure events.

15.5 Flower-Specific Disclaimers

Due to the nature of fresh flowers and plants:

(a) We do not guarantee exact flower varieties, as these are subject to seasonal availability; (b) Color variations may occur due to natural differences in flowers, growing conditions, and screen display settings; (c) Vase life and flower longevity can be affected by environmental conditions beyond our control, including temperature, humidity, and care provided; (d) We cannot guarantee that arrangements will be free from natural imperfections that are inherent in organic products; (e) Allergic reactions to flowers, plants, or their components are not grounds for refund or return.

16. TERM AND TERMINATION 

16.1 Term

These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site. These Terms will remain in effect until terminated by either you or us.

16.2 Termination by You

You may terminate your agreement to these Terms by: (a) Deleting your Account at any time, for any reason, by following the instructions on the Site or contacting us at support@pinkertimes.com; and (b) Ceasing all use of the Site and Services.

16.3 Termination by Us

We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice, for any reason or no reason. We specifically reserve the right to terminate your access to the Site and/or Services if you violate these Terms or for conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users of the Site or Services, us, or third parties, or for any other reason.

16.4 Effect of Termination

Upon termination of these Terms: (a) Your license to access and use the Site and Services will terminate; (b) We may delete or deactivate your Account and all related information and files in your Account; (c) We may (but are not obligated to) delete any User Content you have posted; and (d) You will forfeit any unused rewards points, credits, or other benefits associated with your Account.

Termination will not limit any of our other rights or remedies at law or in equity.

17. INTELLECTUAL PROPERTY AND BRAND PROTECTION 

17.1 Copyright Policy

Company respects the intellectual property of others and asks that users of our Site and Services do the same. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, please contact our designated Copyright Agent at support@pinkertimes.com with appropriate documentation.

17.2 Trademarks and Brand Protection

The Pinker Times name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

You may not: (a) Resell our Products without authorization; (b) Create derivative works based on our Products or branding; (c) Imply an affiliation with our brand if none exists; (d) Use our brand in connection with counterfeit or substandard floral products; (e) Register domain names, social media accounts, or other online identifiers that incorporate our trademarks or similar variations.

17.3 Floral Designs and Intellectual Property

Our floral designs and arrangements are original creative works and are protected by intellectual property laws:

(a) You may not copy our distinctive floral designs for commercial purposes; (b) Photos and descriptions of our arrangements cannot be used without permission to sell similar products; (c) Our proprietary flower combinations, arrangement techniques, and presentation styles are trade secrets; (d) Flower care instructions, educational content, and descriptive text on our Site are copyrighted materials.

18. DISPUTE RESOLUTION 

18.1 Governing Law

These terms are governed by the laws of the state of Delaware, without regard to its conflict of law principles.

18.2 Binding Arbitration

Any controversy or claim arising out of or relating to the service or these terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Delaware law.

18.3 Class Action Waiver

You agree not to participate in a class, representative, or private attorney general action against us in court or arbitration. Further, you may not bring claims against us on behalf of any other account holder or user of the service not on your account.

18.4 Injunctive Relief

Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

19. MISCELLANEOUS MATTERS 

19.1 Modifications To Terms

We may change these Terms from time to time. If you purchase a Product, it is your responsibility to review these Terms periodically on the Site. Your continued payment for a Product after any such changes constitutes your acceptance of any new Terms. New Terms will only apply proactively to products or subscriptions purchased after the date we post the new Terms.

19.2 Modifications To Services

We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Subscription for a pro-rata refund of any amounts you have pre-paid for the Subscription (if any), or not renew the Subscription (if applicable). Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth in Section 16.

19.3 Severability

If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect.

19.4 Assignment

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms.

19.5 Entire Agreement

These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent. The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of such party. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.