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Terms & Conditions

Terms & Conditions

Texas Pressed Flowers acknowledgment and acceptance of customer’s order is expressly made conditional upon customer’s acceptance of the terms and conditions contained herein, and any additional items, conditions, or policies set forth on Texas Pressed Flowers website.

SECTION 1 – PRODUCTS. Upon Customer’s purchase of one or more Products, Texas Pressed Flowers (“TPF”) shall provide to Customer the Products identified in Customer’s order. The “Product(s)” refer to the specific product(s) Customer is purchasing from TPF, which may include frames and other related goods, containing pressed wedding bouquets and other special-event florals. TPF 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 TPF'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. TPF 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 TPF's website and/or available by hyperlink (individually and collectively, the “Agreement”), shall govern Customer’s purchase of the Products.

SECTION 2 – PRICE PAYMENT TERMS. As compensation for the Product(s), Customer shall pay TPF in accordance with the rates, charges, and provisions set forth on TPF's website, at the time Customer places an order, for each corresponding Product. The prices of the Products are exclusive of shipping costs, and 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, but these costs will be calculated at checkout. At checkout, the order summary shall set forth in reasonable detail the calculation of the rates and charges for the Products Customer selected. Customer shall pay the entire amount due when placing an order with TPF.

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, TPF income, revenues, gross receipts, and personnel.

SECTION 4 – SHIPMENT TO TPF. TPF strongly recommends Customer uses overnight shipping to ship Customer’s bouquet/special-event florals to TPF. TPF recommends Customer use UPS or FedEx for all shipments to TPF. TPF 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 TPF works with the florals in the condition that TPF receives them. Customer agrees to review TPF shipping instructions, prior to placing Customer’s order. Customer’s order confirmation will also include detailed shipping instructions. If Customer’s wedding/event is on a Thursday or Friday, TPF recommends that Customer waits until the following Monday to ship Customer’s florals to TPF's office. Customer acknowledges that holidays and TPF's planned store closings may affect/delay delivery of the florals to TPF, 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, TPF recommends that Customer store the bouquet towards the front or middle of a refrigerated space. TPF will not ship back any glass vases or other items that may be used to hold your bouquet stems. TPF will return ribbons, charms, or small items that fit within the box that TPF ships your Products in. Customer shall be responsible for all shipment costs associated with shipping Customer’s bouquet/special-event florals to TPF. 

SECTION 5 – DELIVERY. The Products will be delivered within a reasonable time after Customer places Customer’s order. TPF 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 TPF's facilities. TPF shall deliver the Products to the location Customer specifies in Customer’s order, using TPF's standard methods for packaging and shipping such Products. TPF packages the Products in one hundred percent (100%) cotton canvas totes. 

SECTION 6 – PRODUCT DETAILS/COLORS. TPF's frame designs are protected by clear glass. Customer acknowledges that TPF creates the Products with real florals, and as a result, the pigmentation in Customer’s bouquet will naturally fade over time. Customer acknowledges that TPF does not use any paint, dye, or color enhancements in the preservation process to create Customer’s Products. TPF 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 7 – DRIED BOUQUETS/FLORALS. Customer acknowledges that TPF is able to create certain products, but not all products, if Customer’s bouquet/florals are dried when TPF receives them. Specifically, Customer acknowledges that TPF cannot press dried flowers. TPF can recreate the bouquet/florals with the florist TPF partners with, however, Customer acknowledges that Customer shall be responsible for the costs of the flowers and greenery, which Customer shall pay to TPF when placing an order. 

SECTION 8 – ORDER CANCELLATIONS. Customer may cancel Customer’s order up until TPF receives Customer’s bouquet/florals at TPF's shop/facilities and the customer will receive a full refund. TPF may, in TPF's sole discretion, cancel orders placed by Customer. In the event that TPF makes a change to, or cancels an order, TPF may attempt to notify you by contacting the e‑mail, phone number, and/or billing address provided at the time the order was made. TPF reserves the right to limit or prohibit orders that, in TPF'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 TPF'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 TPF can complete Customer’s transactions and contact Customer as needed.

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

SECTION 10 – LIMITED WARRANTY. TPF 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 TPF 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, TPF 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 TPF was advised of the possibility of damages or losses. In no event shall TPF'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 TPF pursuant to this agreement.

SECTION 12 – DISCLAIMER. Except for those warranties set forth herein, TPF disclaims all other warranties, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, title, or infrigement of intellectual property. TPF 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 is has not relied on any representation or warranty made by TPF, or any other person on TPF'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 TPF. TPS'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. TPF, 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. TPF 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 the Commonwealth of Texas 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 Hays County, Texas.

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.

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