Terms of service

Overview

Welcome to August Flowers! The terms "we", "us" and "our" refer to August Flowers. August Flowers operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). August Flowers is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited, depending on where August Flowers is located, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

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 to these Terms of Service or Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

1. Access and Account

By agreeing to these Terms of Service, 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. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, 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 in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

We make every effort to accurately represent our products on our website. However, as flowers are natural and seasonal products, slight variations in colour, shape, size, and appearance may occur. Colours may also appear differently depending on your screen settings.

All our floral arrangements are carefully prepared using fresh, high-quality flowers. We aim to ensure that each arrangement corresponds to its agreed description, size, colour palette, and overall style.

Due to seasonal availability and supplier conditions, certain flower varieties may occasionally be unavailable. In such cases, we may substitute individual flowers with suitable alternatives of comparable quality and value, provided that the overall appearance and agreed characteristics of the arrangement are not materially affected.

If a significant substitution or change to the agreed arrangement is necessary, we will contact you to obtain your approval before proceeding.

We reserve the right to modify or discontinue products offered on our website, subject to any existing confirmed orders and applicable consumer protection laws.

Nothing in this section limits your statutory rights to receive products that conform to the purchase agreement under Dutch consumer law.

3. Orders

When you place an order, you are making an offer to purchase the selected products under the terms and conditions presented to you.

Your order is considered accepted once August Flowers confirms it through email, our website, or another agreed communication channel.

We reserve the right to decline an order before acceptance for legitimate reasons, including flower unavailability, delivery restrictions, or our inability to fulfil the requested date.

Once an order has been confirmed, we will not cancel or materially modify it without a valid reason or your agreement, except where permitted by applicable law.

For orders placed through our website, customers may choose from the payment methods available at checkout, including immediate payment and deferred payment options where available.

For orders placed directly through our communication channels, we generally request a deposit of 30% of the total order value. The deposit amount and payment arrangements are agreed upon individually before order confirmation.

We do not require consumers to pay more than 50% of the purchase price in advance under our standard contractual terms. Customers may voluntarily choose to pay the full amount in advance.

Any remaining balance is payable according to the payment arrangements agreed upon with the customer.

Please review your order details carefully before confirmation. If you wish to make changes or cancel your order, please contact us as soon as possible. As our arrangements contain fresh and perishable flowers, the possibility of cancellation or modification may depend on the stage of preparation and the applicable legal requirements.

If we are unable to fulfil a confirmed order, we will contact you promptly to offer a suitable alternative or arrange a refund where required by law.

Returns, cancellations, and refunds are subject to our Refund Policy and applicable consumer protection laws. Nothing in this section limits your statutory consumer rights.

4. Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices displayed on our website are stated in euros (€) and include applicable VAT (BTW). Any delivery fees or other additional charges will be clearly communicated to the customer before the order is placed. The final total price, including all applicable charges, will be displayed at checkout before the customer confirms the purchase. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (1) you are authorized to use the payment method you provide, (2) that the information you provide for such payment method is true, correct and complete, (3) charges incurred by you will be honored by the provider of your payment method, and (4) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

5. Shipping and Delivery

We make every reasonable effort to deliver orders on the agreed date and within the confirmed delivery time window.

Estimated delivery times are provided for guidance only. Where a specific delivery date or time window has been expressly agreed upon, we will make reasonable efforts to fulfil that commitment.

If an unexpected delay occurs, we will inform you as soon as reasonably possible and, where appropriate, discuss alternative arrangements.

Your statutory rights in the event of late delivery or non-delivery remain unaffected, including the right to cancel the order and receive a refund where provided by applicable law.

For deliveries arranged by August Flowers, the risk of loss or damage remains with us until you or a person designated by you, other than the carrier, physically receives the products.

If you independently arrange a carrier that was not offered by August Flowers, the risk may pass to you upon handover to that carrier, in accordance with applicable law.

Customers are responsible for providing accurate delivery information and ensuring that the recipient is reasonably available at the agreed delivery location and time.

If delivery cannot be completed due to an incorrect address, restricted access, or the recipient's absence, we will make reasonable efforts to contact you or the recipient to arrange an appropriate solution. Reasonable additional delivery charges may apply if a new delivery attempt is requested and agreed upon.

Delivery to an Agreed Safe Place

If the recipient is unavailable, the customer may expressly authorise August Flowers to leave the order at a specified location, such as outside the recipient's door or another agreed place.

Such authorisation may be provided in writing, including by email, WhatsApp, or Instagram messages, or verbally by telephone. We may request written confirmation of any verbal instructions.

Where the order is left at the exact location authorised by the customer, in accordance with the agreed instructions, we may take a photograph as proof of delivery and notify the customer that the delivery has been completed.

To the extent permitted by applicable law, the customer assumes responsibility for the order after it has been properly delivered to the expressly authorised location, including the risk of subsequent theft, loss, damage, or deterioration caused by weather conditions or other external factors.

August Flowers remains responsible for any failure to follow the agreed delivery instructions or other obligations that cannot be excluded under applicable consumer protection law.

We are not responsible for delays solely caused by circumstances beyond our reasonable control, to the extent permitted by applicable law. Such circumstances do not automatically remove our contractual obligations or your statutory consumer rights.

Further information about delivery areas, charges, and arrangements is available in our Shipping and Delivery Policy.

6. Intellectual property

Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, video, and audio are owned by August Flowers, its affiliates or licensors and are protected by U.S. and foreign trademark, copyright and other intellectual property laws. Similarly, the product listings are managed and owned by August Flowers. The purchase or delivery of any product does not grant or confer any intellectual property rights, including any patent, copyright, trademark, or other proprietary right, in or to the product, its design, software, or underlying technology. All such rights remain exclusively with August Flowers or the original rights holder. 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 of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms of Service grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of August Flowers, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by August Flowers. August Flowers's names, logos, product and service names, designs, and slogans are trademarks of August Flowers or its affiliates or licensors. You must not use such trademarks without the prior written permission of August Flowers. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

7. Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

8. Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

9. Relationship with Shopify

August Flowers is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify’s systems to deliver the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, any sales and purchases you make in our Store are made directly with August Flowers. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and August Flowers, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with August Flowers.

10. Privacy policy

Our privacy policy explains how we may collect, use, and disclose certain personal information from your use of the Services. By using the Services, you acknowledge that you have read this privacy policy. Because the Services are hosted by Shopify, as you browse and interact with the Services, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including information about your transaction. Shopify may use this information for purposes including but not limited to providing, securing, and improving the Services; processing transactions; and helping prevent fraud on this website and on other websites that are powered by Shopify. Information collected when you visit or use the Services, including information collected automatically about your browsing activity, will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy and Shopify’s privacy policy for more details on how we, Shopify, and our partners use your personal information.

11. Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "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 for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (1) you own or have all necessary rights to all Feedback; (2) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (3) your Feedback will comply with these Terms of Service. We are and shall be under no obligation (a) to maintain your Feedback in confidence; (b) to pay compensation for your Feedback; or (c) to respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

12. Errors, inaccuracies and omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct typographical errors, inaccuracies, or omissions in product descriptions, pricing, availability, and other information on our website.

Before an order has been accepted, we may decline or request clarification of an order affected by an error.

Once an order has been confirmed, we will not cancel or change it solely because of an error, except where permitted by applicable law, including cases of an obvious pricing or information error that the customer knew or should reasonably have recognised.

If an order is lawfully cancelled after payment has been received, we will refund the amount paid in accordance with applicable law.

13. Prohibited uses

13.1 You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm August Flowers, Shopify or users of the Services, or expose them to liability.

13.2 In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

14. Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (a) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (b) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (i) mimicking human behavior and interaction patterns, or (ii) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (c) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (d) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

15. Termination

We reserve the right to suspend or restrict access to our website or Services where reasonably necessary, including in cases of unlawful activity, misuse of the website, security concerns, or a material violation of these Terms.

Any such restriction will be proportionate to the circumstances and, where reasonably possible, communicated to the customer.

Suspension or termination of access to our website does not automatically cancel any existing confirmed orders or remove our obligations regarding delivery, refunds, or other statutory consumer rights.

Confirmed orders may only be cancelled or terminated in accordance with the agreed contractual conditions and applicable law.

Any provisions of these Terms that are intended by their nature to remain applicable after termination will continue to apply to the extent permitted by law.

16. Disclaimer of Warranties

We make every reasonable effort to ensure that the information provided on our website is accurate, complete, and up to date. However, we cannot guarantee that our website will always be available, uninterrupted, or free from technical errors.

All floral arrangements are prepared with care using fresh, high-quality flowers. We aim to ensure that every product meets its agreed description, quality, and characteristics in accordance with applicable Dutch consumer protection law.

As flowers are natural and perishable products, their appearance, blooming stage, and lifespan may vary depending on the flower varieties, seasonal conditions, environmental factors, and care after delivery.

We do not guarantee a specific vase life for our flowers unless expressly agreed upon. However, this does not affect your statutory rights to receive products of satisfactory quality and freshness, consistent with the purchase agreement and reasonable consumer expectations.

Proper care, including clean water, suitable temperatures, and protection from excessive heat or direct sunlight, can help preserve the freshness of flowers. Deterioration resulting solely from improper care or unsuitable conditions after delivery is not considered a product defect attributable to August Flowers.

If a product does not conform to the purchase agreement, customers retain all remedies available under applicable law, including replacement, a price reduction, or a refund where legally required.

Nothing in this section excludes or limits any statutory guarantee, consumer protection right, or liability that cannot lawfully be excluded or restricted.

17. Limitation of Liability

August Flowers is responsible for fulfilling its contractual obligations in accordance with applicable Dutch law.

We are not liable for loss or damage resulting solely from circumstances attributable to the customer, including incorrect information provided by the customer or improper handling or care of flowers after delivery, provided that such loss or damage is not caused by a failure on our part to fulfil our legal or contractual obligations.

We are not liable for delays or failures caused by circumstances beyond our reasonable control to the extent permitted by applicable law. Such circumstances do not automatically release us from our contractual obligations or affect the customer's statutory rights.

Any claims for compensation will be assessed in accordance with applicable Dutch law and the specific circumstances of the case.

Nothing in these Terms excludes or limits liability for intentional misconduct, gross negligence, personal injury, or any other liability that cannot lawfully be excluded or restricted.

Nothing in this section affects the customer's statutory rights regarding defective products, non-delivery, refunds, or other remedies available under applicable consumer protection law.

18. Severability

If any provision of these Terms of Service is found to be unlawful, invalid, unfair, or unenforceable under applicable law, that provision will not be binding to the extent required by law.

The remaining provisions will continue to apply, provided that the agreement can legally continue without the affected provision.

Nothing in these Terms limits any mandatory rights available to consumers under applicable Dutch or European consumer protection law.

19. Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

If any provision of these Terms of Service is open to more than one interpretation, the interpretation most favourable to the consumer will prevail, in accordance with applicable Dutch consumer protection law.

20. Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.

We may transfer or assign our rights and obligations under these Terms only in accordance with applicable law. Where required by law, we will obtain your consent or cooperation before transferring an existing purchase agreement to a third party. Any such transfer will not adversely affect your contractual rights or statutory consumer protections.

21. Governing Law

These Terms of Service and any purchase agreements concluded with August Flowers are governed by the laws of the Netherlands.

This choice of law does not deprive consumers residing in another country of any mandatory consumer protections applicable to them under relevant European Union conflict-of-law rules.

Any disputes arising from these Terms or purchase agreements will be submitted to the courts having jurisdiction under applicable law.

Nothing in this section limits the consumer's right to bring proceedings before a competent court or to rely on mandatory consumer protection laws.

22. Translations

These Terms of Service are originally written in English and may be made available in other languages for the convenience of our customers.

In the event of any inconsistency between the English version and a translated version, the English version will generally serve as the reference text, without prejudice to any mandatory consumer protection rights under applicable law.

Where a provision is ambiguous, the interpretation most favourable to the consumer will prevail in accordance with applicable Dutch consumer protection law.

The language of any legal proceedings or dispute resolution process will be determined in accordance with applicable law and the rules of the competent court or dispute resolution body.

23. Headings

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

24. Electronic Communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, in-account notice, or posting on the Services. These communications may relate to your orders, account, purchases, returns, these Terms of Service, or other Services-related matters. You are responsible for keeping your contact information current.

25. Changes to Terms of Service

We reserve the right to update, modify, or replace these Terms of Service at any time to reflect changes in our business operations, services, or applicable legal requirements.

Any updated Terms will be published on our website and will apply to orders placed after the updated version becomes effective.

The version of these Terms made available to you when your purchase agreement is concluded will continue to apply to that order.

Changes to these Terms will not retrospectively alter the conditions of an existing confirmed order unless expressly agreed upon with the customer or otherwise permitted by applicable law.

We may notify customers of material changes where required by law.

26. Contact Information

Questions about the Terms of Service should be sent to us at augustflowers.amsterdam@gmail.com.

Our contact information is posted in our contact information policy.