Terms of service
Effective Date: September 16, 2026
Introduction
Welcome to Munoz Flower Shop. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," "user," or "customer") and Munoz Flower Shop ("Munoz," "we," "us," or "our"). These Terms govern your access to and use of our website, online store, mobile applications, and all related services, features, tools, and content (collectively, the "Services").
By accessing, browsing, or using any of our Services — including placing an order, creating an account, subscribing to our newsletter, or submitting any personal information — you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Return & Refund Policy, all of which are incorporated herein by reference.
If you do not agree to any part of these Terms, you must immediately discontinue use of our Services.
1. Account Eligibility and Security
1.1 Eligibility
To use our Services, including placing orders and creating a customer account, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. By using our Services, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into a binding agreement.
1.2 Account Registration
When creating an account or completing a purchase, you agree to provide accurate, current, and complete information and to promptly update such information to maintain its accuracy. You may not use a false identity, impersonate another person, or provide misleading information at any time.
1.3 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities and transactions that occur under your account, whether or not authorized by you. You agree to:
- Not share your account login credentials with any third party
- Use a strong, unique password for your account
- Log out of your account at the end of each session, especially on shared or public devices
- Notify us immediately at info@munozflowershop.com if you suspect any unauthorized access to or use of your account
Munoz Flower Shop shall not be liable for any loss, damage, or liability arising from your failure to safeguard your account credentials.
1.4 Account Termination
We reserve the right to suspend, deactivate, or terminate your account at our sole discretion, without prior notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or unlawful activity, or acted in a manner that is harmful to our business, other users, or third parties.
2. Products and Descriptions
2.1 Product Accuracy
We make every effort to accurately describe and display our products, including fresh-cut flowers, floral arrangements, potted plants, vases, accessories, and gift items. However, due to the inherent nature of our goods, we cannot guarantee that all product descriptions, images, specifications, or pricing information are entirely error-free, complete, or current.
2.2 Visual Representations
- Product Images: Colors, sizes, and appearances may vary slightly from what you see on your screen due to differences in monitor settings, screen resolution, lighting conditions, and photography
- Fresh Flowers & Live Plants: Every flower and plant is a unique living organism. Natural variations in color, bloom size, petal shape, stem length, foliage density, and overall form are normal and expected. These variations do not constitute a defect, misrepresentation, or grounds for a return or refund. Our images are representative of the general product; the specific item you receive will be its own distinct individual
2.3 Product Availability
All products are subject to availability. We reserve the right to modify, discontinue, update, or limit the quantity of any product at any time and without prior notice. If a product you ordered becomes unavailable after your order is placed, we will notify you as soon as possible and issue a full refund.
2.4 Substitutions
For floral arrangements, seasonal availability of certain flower varieties may vary. We reserve the right to make reasonable substitutions of flowers, greenery, or containers of equal or greater value to fulfill your order while maintaining the overall style, color palette, and quality of the arrangement. We will make every effort to honor specific requests but cannot guarantee exact matches to website images.
3. Placing an Order
3.1 Order Process
When you place an order through our website, you are making an offer to purchase the selected products subject to these Terms. All orders are subject to our review and acceptance.
3.2 Order Acceptance
We reserve the right to accept or decline any order at our sole discretion for any reason, including but not limited to:
- Product availability
- Errors in product descriptions, images, or pricing
- Suspected fraudulent, unauthorized, or illegal activity
- Orders that appear to be placed by resellers, dealers, or distributors
- Shipping restrictions or limitations
- Inability to verify your identity or payment information
3.3 Order Confirmation
An order confirmation email acknowledges that we have received your order but does not constitute our acceptance of your order. Your order is only accepted, and a binding contract formed, once we have dispatched the product(s) and sent you a shipping confirmation email containing tracking information.
3.4 Order Review
Please carefully review your order details — including items, quantities, delivery address, and total price — before submitting your order. Once an order has entered the processing or fulfillment stage, we may be unable to modify or cancel it.
4. Pricing and Payment
4.1 Pricing
All prices displayed on our website are in U.S. Dollars (USD) and are subject to change without prior notice. The price applicable to your order is the price displayed at the time of order placement, as confirmed in your order confirmation email.
Prices do not include applicable sales tax, which will be calculated and displayed at checkout based on your shipping destination.
4.2 Payment Authorization
By submitting an order, you authorize Munoz Flower Shop and/or our third-party payment processor(s) to charge your selected payment method for the full order amount, including the product price, applicable taxes, and any shipping or delivery fees (if applicable).
4.3 Accepted Payment Methods
We accept the following payment methods:
- Major credit cards (Visa, Mastercard, American Express, Discover)
- Debit cards
- Other payment methods as displayed at checkout
All payment transactions are processed through secure, PCI-DSS compliant third-party payment processors. We do not store full credit or debit card numbers on our servers.
4.4 Pricing Errors
In the event of a pricing error on our website — whether due to a typographical error, technical glitch, or incorrect supplier information — we reserve the right to cancel any orders placed at the incorrect price and notify you of the cancellation. We are under no obligation to sell any product at an erroneously displayed price, even if an order confirmation has been sent.
5. Shipping and Delivery
5.1 Shipping Coverage
We currently ship to addresses within the continental United States only. We are unable to ship to P.O. boxes, APO/FPO/DPO addresses, or international destinations at this time.
5.2 Shipping Methods and Costs
We offer Free Standard Shipping on all orders unless otherwise stated at checkout. Estimated delivery times are 3–5 business days after order processing, depending on your location and the shipping carrier.
Please note that estimated delivery times are approximations only and are not guaranteed. Delays may occur due to carrier disruptions, weather conditions, natural disasters, public holidays, or other circumstances beyond our control.
5.3 Fresh Flower and Live Plant Shipping
The health and freshness of our flowers and plants is our highest priority. For this reason:
- All fresh flower and live plant orders are shipped via express or overnight delivery whenever possible
- We monitor weather conditions at the origin, destination, and along the shipping route. We may temporarily suspend, delay, or modify shipments during periods of extreme heat (above 95°F / 35°C) or extreme cold (below 32°F / 0°C) to protect the health of your order
- Orders affected by weather-related holds will be shipped at the earliest safe opportunity, and you will be notified of any delays via email
- We may include heat packs, insulation, or cold packs as needed to protect perishable items during transit
5.4 Order Processing Times
Orders are processed Monday through Friday, excluding major U.S. holidays. Our standard order processing time is 1–2 business days from the time your order is placed. Orders placed on weekends or holidays will begin processing on the next business day.
You will receive a shipping confirmation email with tracking information once your order has been dispatched. Please note that processing times are separate from shipping/transit times.
Fresh flower orders placed for same-day or next-day delivery (where available) may have earlier cutoff times, as specified at checkout.
5.5 Risk of Loss
The risk of loss and title for all items pass to you upon our delivery of the order to the shipping carrier. Once the carrier marks a package as delivered to the address provided at checkout, Munoz Flower Shop is not responsible for packages that are lost, stolen, damaged, or misplaced after delivery.
If your package is lost or damaged in transit (prior to delivery), please contact us immediately and we will work with the carrier to resolve the issue.
5.6 Delivery Accuracy
You are responsible for providing a complete and accurate shipping address at checkout. Munoz Flower Shop is not responsible for orders delivered to incorrect addresses provided by the customer. If a package is returned to us due to an incorrect or undeliverable address, additional shipping charges may apply to reship the order.
6. Returns and Refunds
Your satisfaction is very important to us. Please refer to our detailed Return & Refund Policy for complete information on eligibility, timeframes, procedures, and conditions for returns, refunds, and exchanges.
Please note that fresh flowers and live plants are subject to specific return conditions and timeframes as outlined in the Return & Refund Policy due to their perishable nature.
7. Intellectual Property
7.1 Ownership
All content on the Munoz Flower Shop website — including but not limited to text, product descriptions, graphics, logos, trademarks, service marks, icons, images, photographs, illustrations, audio clips, video clips, digital downloads, data compilations, page layouts, underlying code, and software — is the exclusive property of Munoz Flower Shop or its content suppliers and licensors, and is protected by United States and international copyright, trademark, and other intellectual property laws.
7.2 Limited License
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website and Services for personal, non-commercial purposes only. This license does not include the right to:
- Reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of our website or its content
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of our website
- Create derivative works based on our website or content
- Use any data mining, robots, spiders, scrapers, or similar data gathering tools
- Use our trademarks, logos, or branding without prior written consent
Any unauthorized use of our website or content terminates the limited license granted herein and may result in legal action.
8. User Conduct and Prohibited Activities
You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations. You are strictly prohibited from:
- Using the Services to engage in any fraudulent, deceptive, harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable activity
- Attempting to interfere with, disrupt, or compromise the proper functioning, security, or integrity of the Services, including through the use of viruses, malware, bots, worms, Trojan horses, or any other malicious code or unauthorized automated tools
- Violating or infringing upon the intellectual property rights, copyrights, trademarks, privacy rights, or other proprietary rights of Munoz Flower Shop or any third party
- Harvesting, scraping, collecting, or storing personal information of other users without their express consent
- Impersonating any person or entity, or falsely claiming an affiliation with any person or entity
- Using the Services for any unauthorized commercial purpose, including reselling products without our written authorization
- Circumventing any security features, access controls, or technological protections implemented on our website
- Engaging in any activity that could damage, disable, overburden, or impair our servers or networks
We reserve the right to investigate, suspend, or terminate your access to the Services and take any appropriate legal action for any violation of these Terms.
9. Reviews, Feedback, and User-Generated Content
If you submit or post any reviews, comments, feedback, suggestions, photographs, or other content ("User Content") through our Services, you grant Munoz Flower Shop a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content worldwide in any media.
You represent and warrant that:
- You own or control all rights to the User Content you submit
- The User Content is accurate and not misleading
- The User Content does not violate these Terms or any applicable law
We reserve the right (but have no obligation) to monitor, edit, or remove any User Content at our sole discretion.
10. Third-Party Links and Services
Our website may contain links to third-party websites, products, services, or resources that are not owned, operated, or controlled by Munoz Flower Shop. These may include payment processors, shipping carriers, social media platforms, advertising networks, and affiliate partners.
We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, security practices, or business practices of any third-party websites or services. Your interactions with such third parties are governed by their own terms and policies. We encourage you to read the terms and privacy policies of any third-party website you visit.
The inclusion of any link on our website does not imply endorsement, sponsorship, or affiliation by Munoz Flower Shop.
11. Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ALL CONTENT, PRODUCTS, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUNOZ FLOWER SHOP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR AVAILABLE AT ALL TIMES
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY CONTENT, PRODUCT DESCRIPTIONS, PRICING, OR OTHER INFORMATION ON THE WEBSITE
- WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUNOZ FLOWER SHOP, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, OR GOODWILL
- LOSS OF DATA OR USE
- PERSONAL INJURY OR PROPERTY DAMAGE
ARISING OUT OF OR IN CONNECTION WITH:
(a) Your access to, use of, or inability to use the Services; (b) Any conduct or content of any third party on the Services; (c) Any content, products, or services obtained from the Services; (d) Unauthorized access, use, or alteration of your transmissions or content; (e) Any products purchased or obtained through the Services; or (f) Any other matter relating to the Services
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total cumulative liability for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the total amount you paid to Munoz Flower Shop in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless Munoz Flower Shop and its owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with:
- Your access to or use of the Services
- Your violation of these Terms
- Your violation of any applicable law, regulation, or third-party right
- Any User Content you submit or post through the Services
- Any dispute or interaction between you and any third party
14. Force Majeure
Munoz Flower Shop shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, severe weather conditions, pandemics, epidemics, government actions or restrictions, war, terrorism, civil unrest, labor disputes, supply chain disruptions, carrier delays, power outages, internet or telecommunications failures, or any other similar events.
15. Modifications to Terms
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. The updated version will be posted on this page with a revised Effective Date at the top. For material changes, we may provide additional notice, such as a banner on our website or an email notification.
Your continued use of the Services after any such modifications constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using our Services. We encourage you to review these Terms periodically.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
You agree that any legal action, lawsuit, or proceeding arising out of or related to these Terms, the Privacy Policy, the Return & Refund Policy, or your use of the Services shall be brought exclusively in the federal or state courts located in Harris County, Texas. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to inconvenient forum.
17. Dispute Resolution
17.1 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact us at info@munozflowershop.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. Most issues can be resolved quickly and amicably through direct communication.
17.2 Binding Arbitration (Optional)
If the dispute cannot be resolved informally, either party may elect to have the dispute resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Houston, Texas, and the decision of the arbitrator shall be final and binding.
17.3 Class Action Waiver
To the maximum extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
18. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
19. Entire Agreement
These Terms, together with our Privacy Policy, Return & Refund Policy, and any other legal notices or policies published on our website, constitute the entire agreement between you and Munoz Flower Shop regarding your use of the Services. These Terms supersede all prior or contemporaneous agreements, communications, representations, and understandings, whether oral or written, relating to the subject matter herein.
20. Waiver
The failure of Munoz Flower Shop to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision shall be effective only if made in writing and signed by an authorized representative of Munoz Flower Shop.
21. Assignment
You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent. Munoz Flower Shop may freely assign or transfer these Terms, in whole or in part, without restriction and without notice to you.
22. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the information below. We are committed to addressing your inquiries promptly and thoroughly.
These Terms of Service are effective as of September 16, 2026. © 2026 Munoz Flower Shop. All rights reserved.