Terms of service

1. These terms

These terms govern your use of buunch.com, store.buunch.com and any order you place with Buunch ("we", "us"). By browsing the site you accept them; by ticking the box at checkout or on the order form you accept them for that order. If you do not accept them, do not order.

2. Orders

An order is an offer to buy. We accept it when we confirm it and begin preparing the composition; until then we may decline it — for example if the flowers are not available, if a delivery address is outside our area, or if a price was listed in error. If we decline after taking payment we refund it in full. Prices are in US dollars and exclude sales tax, which is added at checkout where it applies.

3. Delivery

Delivery areas, fees and the same-day cut-off are stated on thedelivery page, which forms part of these terms. We hand-deliver within the New York City area; a recipient who is not home may have the composition left with a doorman or neighbour, or we may return it to the atelier.

4. Subscriptions

A subscription is prepaid for the number of deliveries shown when you buy it and renews only if you buy another period. You may skip or cancel future deliveries by writing tocaroline@buunch.com at least 48 hours before the next scheduled delivery; a period already in preparation is not refundable.

5. Cancellations and replacements

Because flowers are perishable, our cancellation and replacement terms are the ones on thedelivery and returns page. Gift cards do not expire and carry no fees.

6. Your content

You are responsible for the card message and delivery details you give us, and for having the right to give us the recipient's address and phone number. We may decline a message that is unlawful or abusive.

7. Acceptable use

Do not attempt to break, overload or gain unauthorised access to the site or the store, and do not scrape or resell its content.

8. Our content

The photographs, text, compositions and marks on this site belong to Buunch or are used with permission. You may share a page, but not reuse its content commercially without our written consent.

9. Disclaimers

Flowers are natural and seasonal: a composition may differ in variety and shade from its photograph while keeping the same value, palette and style. Except as stated on the delivery page, the site and the store are provided "as is" and we disclaim the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, arising out of these terms or an order. Our total liability for any claim is limited to the amount you paid us for the order giving rise to it, or one hundred US dollars if there was no order. Nothing here limits liability that cannot lawfully be limited, including for fraud, wilful misconduct or gross negligence, or your rights under consumer protection law.

11. Indemnity

You will indemnify us against a third-party claim arising from content you supplied, or from your breach of section 6 or 7.

12. Dispute resolution and arbitration

Talk to us first. Send a written description of the dispute and the relief you want to caroline@buunch.com. We will try to resolve it within 30 days. Most concerns are settled this way.

Arbitration. If we cannot resolve it, you and Buunch agree that the dispute will be decided by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in New York County, New York, rather than in court — except that either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property.

Class waiver. You and Buunch each waive the right to bring or participate in a class action, a collective action, or a representative proceeding, and to have claims consolidated with another person's. The arbitrator may decide only your individual claims.

Public injunctive relief. The class waiver does not apply to a request for public injunctive relief, which may be brought in court on an individual basis as the law allows.

Delegation. The arbitrator, not a court, decides whether a dispute is arbitrable, including questions about the validity of this section — except that a court decides the enforceability of the class waiver.

Your 30-day opt-out. You may opt out of this section by emailingcaroline@buunch.com within 30 days of your first order, with the subject "Arbitration opt-out" and the email address you ordered with. Opting out changes nothing else in these terms.

Severability. If any part of this section is unenforceable, the rest stands, and the unenforceable part is severed.

13. Governing law

These terms are governed by the law of the State of New York, without regard to its conflict rules. Subject to section 12, the state and federal courts sitting in New York County have exclusive jurisdiction.

14. Changes

We may update these terms. The version in force for your order is the one published when you placed it, and the order records which version you accepted. Material changes are announced on this page at least 30 days before they take effect.

15. Contact

Buunch, 120 West 28th Street, 4J, New York, NY 10001 ·caroline@buunch.com