Legal
Terms of Service Service.
Last updated · September 2026
Draft for review. EV Floral Design recommends counsel review before publishing.
Use of the site
By using this site or placing an order, you agree to these terms. You agree not to use the site in a way that violates law or interferes with its operation.
Product descriptions and pricing
We work hard to describe our arrangements accurately, but because every order is built by hand from fresh, seasonal stems, color, exact stem profile, and presentation may vary from photographs. Prices are subject to change. Pricing errors discovered after an order is placed may, at our discretion, result in cancellation or correction with notice.
Availability and substitution disclaimer
All flowers are perishable, locally and seasonally sourced, and subject to market availability. Specific varieties, colors, and vessels shown on this site or discussed in a consultation are not guaranteed. When a stem or vessel is unavailable, EV Floral Design will substitute an item of equal or greater value in a comparable style, palette, and overall look, and will communicate meaningful substitutions in advance where time allows. Substitution is not a defect and is not grounds for cancellation or refund.
Pricing, taxes, and fees disclaimer
All prices are shown in U.S. dollars and exclude California and Napa County sales tax, delivery fees, setup or strike labor, rental deposits, and any applicable service charges, which are calculated at checkout or itemized in your event proposal. Prices, promotions, and delivery fees are subject to change without notice and quoted event pricing is valid for 30 days unless stated otherwise. Typographical or system pricing errors do not obligate us to honor the incorrect price; if an error is found after an order is placed we will contact you to confirm the corrected price or cancel and fully refund the order.
Order confirmation and acceptance disclaimer
Adding items to the cart, submitting a form, or receiving an automated acknowledgment does not create a binding order. An order is confirmed only when payment is successfully captured and we send a written confirmation email, and event dates are held only once a signed proposal and deposit are received. We may decline or cancel any order — before or after confirmation — for capacity, delivery feasibility, stem availability, suspected fraud, or pricing error, in which case your sole remedy is a full refund of amounts paid for that order.
Delivery disclaimer
Same-day delivery requires an order placed by 11:00 AM PT within our Napa Valley delivery zone; outside that zone we schedule next-day delivery or quote a courier. Delivery windows are estimates, not guarantees. We are not responsible for delays or damage caused by inaccurate addresses, refused or unattended deliveries, gate or venue access restrictions, weather, road closures, or third-party couriers. If no one is available to receive an order, we may leave it in a safe location or with venue staff and the delivery is considered complete.
Returns disclaimer
Because our products are perishable and custom-made, all sales are final and we do not accept returns or exchanges. Refunds, credits, and cancellations are governed solely by our Refund & Cancellation Policy, which is incorporated into these Terms by reference.
Care, allergens, and safety
Fresh flowers and foliage may be irritating or toxic if ingested and may trigger allergies; keep arrangements away from children and pets. Arrangement longevity depends on handling and environment after delivery, and we are not responsible for condition once an order has been accepted at the delivery address. Care guidance is provided in our FAQ.
Order acceptance
Submitting an order is an offer to purchase; orders are confirmed when payment is captured and order confirmation is sent. We reserve the right to decline orders, including for capacity, delivery feasibility, or stem availability.
Intellectual property
All site content — photography, illustrations, design, copy, and brand marks — is owned by EV Floral Design or licensed for our use. You may not copy or republish content without written permission.
Limitation of liability
To the fullest extent permitted by law, EV Floral Design's total liability arising from any order is limited to the amount you paid for that order. We are not liable for indirect, incidental, or consequential damages.
Consent to Electronic Monitoring & CIPA Notice
By using the Site, you expressly consent, on behalf of yourself and any party to communications you initiate with us through the Site, to the interception, recording, replay, storage, and analysis of your interactions with the Site — including clicks, mouse movement, scrolling, keystrokes typed into forms, page navigation, IP address, device/browser metadata, and the contents of any electronic communications transmitted to us — by us and our service providers acting as our agents under written contract, including for analytics, advertising measurement, session replay, fraud prevention, and email delivery. This consent is given for purposes of the California Invasion of Privacy Act (Cal. Penal Code §§ 630–638), all U.S. federal and state wiretap, eavesdropping, "pen register," and "trap and trace" statutes, and any analogous laws. If you do not consent, you must immediately stop using the Site.
Cookies & Tracking Disclosure
The Site uses cookies, pixels, SDKs, web beacons, local storage, and similar tracking technologies, including third-party tools such as Google Analytics, Google Tag Manager, and advertising/measurement pixels. See our Privacy Policy for details and your opt-out rights, including recognition of Global Privacy Control (GPC) signals as a valid opt-out of sale/sharing under CCPA/CPRA.
Arbitration & Class-Action Waiver
Any dispute arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by JAMS in San Francisco, California, under its Streamlined Arbitration Rules, except that either party may seek injunctive relief in court for intellectual-property infringement. You and ElizabethKatalina, LLC each waive the right to a jury trial and the right to participate in any class, collective, or representative action. Nothing in this section limits non-waivable rights under California law, including any non-waivable right to bring a representative PAGA claim.
California Consumer Notice
Under California Civil Code § 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Governing law
These terms are governed by the laws of the State of California. Disputes will be resolved in the courts of Napa County, California, except as otherwise provided in the Arbitration & Class-Action Waiver section.
Changes
We may update these terms periodically. The current version is always posted on this page.
