Terms of Service
Effective date: May 18, 2026
Welcome to Surprise Flowers. These Terms of Service (the "Terms") govern your use of surprise-flowers.com (the "Site") and any subscription services we provide (the "Service"). By creating an account, purchasing a subscription, or otherwise using the Service, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree, do not use the Service.
The Service is operated by Surprise Flowers LLC, an Alabama limited liability company ("we," "us," or "our").
1. Description of the Service
Surprise Flowers is a subscription gift service. You purchase a plan (currently The Pair, The Trio, or The Quartet) and we arrange for fresh flowers to be delivered on randomly selected dates throughout the following twelve (12) months to a recipient or recipients you designate. Delivery dates are intentionally not disclosed to you in advance beyond a notification email sent approximately fourteen (14) days before each scheduled delivery.
2. Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use the Service. The Service is currently available only for delivery to physical addresses in the United States. By using the Service, you represent and warrant that you meet these requirements.
3. Subscriptions and Payment
Subscription pricing and tiers are listed on the Site at the time of purchase. The total amount is charged in full at the time you place your order. Subscription tiers as of the effective date are:
- The Pair — $300.00 for 2 deliveries over 12 months
- The Trio — $425.00 for 3 deliveries over 12 months
- The Quartet — $550.00 for 4 deliveries over 12 months
Prices do not include any applicable sales tax, which will be added at checkout where required by law. Subscriptions do not automatically renew. Payments are processed by Stripe, Inc.; we do not store full credit card information.
4. Delivery Scheduling
Delivery dates are selected at our discretion using a random scheduling algorithm. Deliveries will not be scheduled within thirty (30) days before any major U.S. holiday including (but not limited to) New Year's Day, Valentine's Day, Easter, Mother's Day, Memorial Day, Father's Day, Independence Day, Labor Day, Halloween, Thanksgiving, and Christmas.
You will receive an email notification approximately fourteen (14) days before each scheduled delivery. The recipient will not receive any notification from us. If the address on file is incorrect at the time of delivery, the order may be returned, redirected at additional cost, or forfeited at our discretion.
5. Recipient Information; Card Messages
You are solely responsible for ensuring that the recipient information you provide (name, address, phone, optional gift message) is accurate, current, and lawful. You represent that you have the necessary consent to provide this information and that delivery to the recipient will not violate any law, court order, or third-party right (such as a restraining order). We reserve the right to refuse or cancel any order at our discretion.
6. Substitutions; Variations
Flowers and arrangements are sourced through our partner florist network and are subject to seasonal availability. We reserve the right to substitute individual flowers, vases, or other elements of an arrangement with items of equal or greater value when an exact substitution cannot be made. Photographs of arrangements on the Site are representative; actual arrangements may vary.
7. Cancellations and Refunds
Before any delivery has been placed: You may cancel your subscription within seven (7) days of the original purchase for a full refund, less any non-refundable transaction fees charged by our payment processor.
After deliveries have begun: You may cancel remaining undelivered orders at any time for a pro-rata refund of the value of those undelivered orders, less a $25 administrative fee per cancellation. Once an order has been placed with our florist network (typically the morning of the delivery date), it cannot be canceled or refunded.
Failed deliveries: If a delivery cannot be completed because of an incorrect address, recipient unavailability, or other reason within your control, the order is considered fulfilled and is non-refundable. If a delivery fails due to our or our partner's error, we will reschedule the delivery or, at our discretion, issue a credit or refund.
8. Acceptable Use
You agree not to use the Service to:
- Send threatening, harassing, or unwanted gifts to any person.
- Provide false information about yourself or any recipient.
- Circumvent, disable, or interfere with security-related features of the Service.
- Use the Service for any unlawful purpose or in violation of any applicable law.
If a recipient asks us to stop sending them deliveries, we will cancel the remaining deliveries to that recipient and refund their pro-rata value (less the administrative fee).
9. Intellectual Property
All content on the Site, including text, graphics, logos, photography, and software, is owned by us or our licensors and is protected by United States and international copyright, trademark, and other laws. You may not copy, distribute, modify, or create derivative works of any Site content without our prior written consent.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
12. Indemnification
You agree to indemnify, defend, and hold harmless Surprise Flowers LLC, its officers, directors, employees, and agents from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any privacy or proprietary right.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Alabama, without regard to its conflict-of-laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Houston County, Alabama. You and we waive any right to a jury trial and to participate in a class action.
14. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice on the Site. Continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the updated Terms.
15. Contact
Questions about these Terms? Email us at hello@surprise-flowers.com or write to:
Surprise Flowers LLC
212 W. Troy St., Ste B
Dothan, AL 36303
16. Severability and Entire Agreement
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.