Terms and Conditions
By accessing, viewing and/or using any part of this website, purchasing a product and/or service from Maizy Daisy LLC, an Illinois limited liability company (“Maizy Daisy LLC”) and/or placing an order with Maizy Daisy LLC, you agree to be bound be the following Terms and Conditions (these “Terms and Conditions”) and all other policies set forth on this website.
AMENDMENTS, MODIFICATIONS AND/OR CHANGES
Maizy Daisy LLC reserves the right to amend, modify and/or change these Terms and Conditions from time to time without notice. All amendments, modifications and/or changes to these Terms and Conditions shall be effective immediately. You are responsible for ensuring you are aware of any amendments, modifications and/or changes to these Terms and Conditions. Maizy Daisy LLC reserves the right to amend, modify, change or discontinue the Maizy Daisy LLC website at any time.
PERSONAL INFORMATION
Maizy Daisy LLC may collect, store, use and disclose any personal data provided by you in accordance with Maizy Daisy LLC’s Privacy Policy described on the Maizy Daisy LLC website.
ORDERS
Orders may be placed online on this website, over the phone at 847-507-9958, by text message to 847-507-9958 or by email to maizydaisy.florals@gmail.com. If you do not receive a confirmation of your order from Maizy Daisy LLC, please contact Maizy Daisy LLC immediately to ensure you order was received by Maizy Daisy LLC. It is your responsibility to review all information on any confirmation of your order to ensure such information (including without limitation all purchaser and recipient details and any delivery address) is correct. You must contact Maizy Daisy LLC immediately if any of such information is not correct and must provide the applicable corrections.
By placing an order with Maizy Daizy LLC, you agree to pay to Maizy Daisy LLC the full price applicable to the product and/or service (including without limitation all sales tax and delivery fees). Orders for products and/or services from Maizy Daisy LLC are non-cancellable. All purchases by you from Maizy Daisy LLC are non-refundable and non-returnable. All sales to you by Maizy Daisy LLC are final.
By using the Maizy Daisy LLC website, you represent and warrant that you are 18 years old or older and have a valid credit card and full authority to use such card.
TIMING OF ORDERS
Orders for the pick-up or deliver of Maizy Daisy LLC products may be placed up to three months in advance of the applicable pick-up or delivery date.
DELIVERY AREA AND DELIVERY FEES
Maizy Daisy LLC delivers to the following areas in Illinois: Deerfield, Glencoe, Highland Park, Northbrook and Winnetka. Delivery fees will be added to your order for each of the foregoing areas except that no delivery fees will be added for deliveries to Glencoe, Illinois. Delivery is not available to any other location unless expressly agreed in writing by Maizy Daisy LLC (please contact Maizy Daisy LLC with any questions regarding such delivery to other areas).
DELIVERY
You may select from available delivery dates and time windows at check-out on the Maizy Daisy LLC website. Delivery time windows will vary based on the applicable time and date of order placement. Orders may (subject to availability) be available for a delivery date and time window two business days after the order date. If you desire an earlier delivery date and time window, a weekend or holiday deliver date and time window, or a delivery date and time window not shown as available at check-out on the Maizy Daisy LLC website, please contact Maizy Daisy LLC to see if Maizy Daisy LLC can accommodate your desired delivery date and time window.
Maizy Daisy LLC will attempt to hand deliver the ordered product to a person at the specified delivery address by knocking on the door or ringing the doorbell at the specified delivery location. If such attempt fails, the ordered product will be left in an outdoor area near the front door or side door of the delivery address. Such area may be specified by the person ordering the product to be delivered, the intended recipient of the product to be delivered or Maizy Daisy LLC. Maizy Daisy LLC is not responsible for damage to, theft of and/or disturbance of delivered products.
PICK-UP
You may pick up your order (at no additional charge) at a time and date mutually agreed by you and Maizy Daisy LLC at a location in Glencoe, Illinois specified by Maizy Daisy LLC. Orders may (subject to availability) be available for a pick-up date and time two business days after the order date. If you desire an earlier pick-up date and time, a weekend or holiday pick-up date and time, or a pick-up date and time not shown as available at check-out on the Maizy Daisy LLC website, please contact Maizy Daisy LLC to see if Maizy Daisy LLC can accommodate your desired pick-up date and time.
SALES TAX
Sales tax is not included in the advertised price of Maizy Daisy LLC’s products and services. You are responsible for all applicable sales tax on any products and/or services you purchase from Maizy Daisy LLC. Maizy Daisy LLC will collect from you an amount of sales tax equal to the then current sales tax in Glencoe, Illinois.
LATE FEES
Without limitation of any other remedies of Maizy Daisy LLC, Maizy Daisy LLC reserves the right to charge on all past due payments a late fee equal to the lessor of (a) one and one half percent (1.5%) of the unpaid balance per month and (b) the highest rate permitted by applicable law.
COLLECTION COSTS AND EXPENSES
You shall pay Maizy Daisy LLC on demand for all collection costs and expenses (including without limitation all attorneys’ fees and expenses and court costs) incurred by Maizy Daisy LLC in connection with collecting any amounts due from you to Maizy Daisy LLC and/or enforcing these Terms and Conditions.
PRICES
All prices are listed in United States Dollars. Prices and delivery fees are subject to change without prior notice (including without limitation price increases during peak seasons such as Valentine’s Day and/or Mother’s Day).
SUBSTITUTION POLICY
All images shown on the Maizy Daisy LLC website are for electronic display purposes only. Your selection when ordering reflects a style and color palette only (and does not reflect a specific combination of flowers and/or plants). Due to seasonal availabilities and other circumstances, some flowers and/or plants may be substituted for by Maizy Daisy LLC with flowers and/or plants which Maizy Daisy LLC views to be equal or better in terms of aesthetics and quality. In addition, as natural products, flowers and plants may differ in size and color from the size and color shown in the images on the Maizy Daisy LLC website. You understand that there may be differences between electronic images on the Maizy Daisy LLC website and the actual product sold.
Actual vases used for products sold by Maizy Daisy LLC may differ in size, shape, color and design from the vases shown on the Maizy Daisy LLC website.
You acknowledge that flowers and plants are perishable products. Maizy Daisy LLC is not responsible for damage and/or deterioration of flowers and/or plants due to environmental conditions, handling by third parties, and/or failure to follow care instructions. Maizy Daisy LLC cannot guarantee the lifespan of products.
PROMOTIONAL CODES, DISCOUNTS AND OTHER CREDITS
Promotional codes, discounts and other credits are non-transferable and not redeemable for cash. All codes, discounts and credits are applied to the subtotal prior to the addition of applicable delivery fees and sales tax. Promotional codes, discounts and credits must be redeemed prior to the applicable expiration date. If not so redeemed, the applicable code, discount and/or credit is forfeited. Maizy Daisy LLC reserves the right to change and/or cancel promotional codes, discounts and/or other credits at any time.
FORCE MAJEURE
Maizy Daisy LLC shall not be liable for any failure to perform and/or delay to perform to the extent such failure and/or such delay is caused by and/or related to circumstances and/or acts beyond the reasonable control of Maizy Daisy LLC including, without limitation, force majeure, accident, vehicle breakdown, street closure. epidemic, pandemic, weather, flood, fire, earthquake, war, civil unrest, traffic, congestion, riot, terrorism, tariff, strike, labor dispute, act of governmental authority, natural disaster, act of God, change in law and/or regulation, and/or failure in electricity, internet and/or telecommunication service.
INTELLECTUAL PROPERTY
Unless otherwise specified, all Site Content (as defined below) is the sole property of Maizy Daisy LLC. “Site Content” means all features, materials, information, content, text, design, graphics, logos, photographs, illustrations, proposals, images and video on the Maizy Daisy LLC website. All rights not expressly granted herein are reserved. You agree that you will not publish, display or commercially exploit any material from the Maizy Daisy LLC website without the prior written consent of Maizy Daisy LLC.
ERROR ON WEBSITE
Maizy Daisy LLC reserves the right to correct any errors, inaccuracies, and/or omissions on the Maizy Daisy LLC website at any time without prior notice, including, without limitation, after an order has been submitted. If a product and/or service is listed at an incorrect price and/or with incorrect information due to a typographical and/or system error, Maizy Daisy LLC reserves the right to refuse and/or cancel any order placed for such product and/or service. You acknowledge that reliance on any website content is at your own risk, and Maizy Daisy LLC shall not be liable for (and to the extent permitted by applicable law you hereby release Maizy Daisy LLC from) any damages arising out of and/or related to website content errors and/or delays in updating information.
DISCLAIMER OF WARRANTIES
ALL PRODUCTS AND SERVICES SOLD AND/OR PROVIDED BY MAIZY DAISY LLC ARE SOLD AND/OR PROVIDED “AS-IS”, “WHERE-IS” AND “WITH ALL FAULTS”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAIZY DAISY LLC EXPRESSLY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES, REPRESENTATIONS, AND GUARANTEES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR PARTICULAR PURPOSE, QUALITY OF GOOD AND SERVICES, AND NON-INFRIDGEMENT. IN ADDITION, MAIZY DAISY LLC MAKES NO REPRENTATIONS, WARRNTIES AND/OR GUARANTEES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, QUALITY, SUITABILITY, ACCURACY AND/OR COMPLETENES OF THE MAIZY DAISY LLC WEBSITE AND/OR THE PRODUCTS AND/OR SERVICES SOLD AND/OR PROVIDED BY MAIZY DAISY LLC. ANY INFORMATION, STATEMENTS, DOCUMENTS AND/OR RECORDS PROVIDED OR MADE TO YOU CONCERNING THE PRODUCTS AND/OR SERVICES SOLD AND/OR PROVIDED BY MAIZY DAISY LLC SHALL NOT BE WARRANTIES, REPRESENTATIONS AND/OR GUARANTEES. NO ORAL OR WRITTEN INFORMATION AND/OR ADVICE GIVEN AND/OR PROVIDED REGARDING FLORAL MATTERS SHALL CONSTITUTE A REPRESENTATION, WARRANTY AND/OR GUARANTY. YOU ASSUME ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND/OR SERVISES SOLD AND/OR PROVIDED BY MAIZY DAISY LLC. THIS PARAGRAPH SHALL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF MAIZY DAISY LLC’S PRODUCTS AND/OR SERVICES.
LINKS TO AND FROM THIRD PARTY WEBSITES
Maizy Daisy LLC does not have control over websites (“LinkFromWebsites”) that may link to Maizy Daisy LLC’s website. In addition, the Maizy Daisy LLC website and/or online platform my contain links and/or have references to websites (“LinkToWebsites”) controlled by a party or parties other than Maizy Daisy LLC. Maizy Daisy LLC is not responsible for and does not endorse or accept responsibility for the contents and/or use of LinkFromWebsites and/or LinkToWebsites. The inclusion of any link to a website does not imply endorsement by Maizy Daisy LLC of such website and/or the contents of, materials on and/or policies of such website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses and other items of an intrusive nature and to the extent permitted by applicable law, you hereby release Maizy Daisy LLC from any and liability arising out of and/or related to your use of any LinkFromWebsites and/or LinkToWebsites.
LIMITATION OF LIABILITY AND RELEASE
The term “MDLLC Parties” as used in these Terms and Conditions shall mean, collectively, Maizy Daisy LLC, each member in Maizy Daisy LLC, each manager of Maizy Daisy LLC, each agent of Maizy Daisy LLC, each employee of Maizy Daisy LLC and each representative of Maizy Daisy LLC.
EXCEPT TO THE EXTENT PROHIBED BY LAW, NONE OF THE MDLLC PARTIES SHALL BE LIABLE FOR, AND YOU HEREBY RELEASE EACH OF THE MDLLC PARTIES FROM, ANY BODILY INJURY, PERSONAL INJURY, PROPERTY DAMAGE AND/OR OTHER LOSS ARRISING OUT OF AND/OR RELATED TO (A) ANY PRODUCTS AND/OR SERVICES SOLD AND/OR PROVIDED BY MAIZY DAISY LLC, (B) THE DELIVERY OF PRODUCTS BY MAiZY DAISY LLC, (C) THE PICK-UP OF PRODUCTS FROM MAIZY DAISY LLC BY YOU AND/OR YOUR REPRESENTATIVE AND/OR DESIGNEE, (C) THE PERFORMANCE AND/OR NON-PERFORMANCE OF SERVICES AND/OR PRODUCTS SOLD AND/OR PROVIDED BY MAIZY DAISY LLC, (D) THE USE OF, INABILITY TO USE AND/OR RELIANCE UPON THE MAIZY DAISY LLC WEBSITE AND/OR MAIZY DAISY LLC’S SERVICES AND/OR PRODUCTS, (E) ANY PARTY, EVENT OR GATHERING HOSTED, ATTENDED, SCHEDULED AND/OR PAID FOR BY YOU AT WHICH MAIZY DAISY LLC HAS ATTENDED AND/OR PROVIDED PRODUCTS AND/OR SERVICES AND/OR (F) ANY OTHER RELATIONSHIP, INTERACTION AND/OR TRANSACTION BETWEEN YOU AND MAIZY DAISY LLC.
IN ADDITION, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NONE OF THE MDLLC PARTIES SHALL BE LIABLE FOR, AND YOU HEREBY RELEASE EACH OF THE MDLLC PARTIES FROM, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL, AND/OR PUNITAVE DAMAGES (EVEN IF MAIZY DAISY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL AND/OR EMOTIONAL DISTRESS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, MAIZY DAISY LLC’S TOTAL LIABILITY TO YOU FOR ANY CLAIM WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MAIZY DAISY LLC FOR THE APPLICABLE TRANSACTION THAT GAVE RISE TO THE APPLICABLE LIABILITY [OR IF THERE IS NO PAID TRANSACTION WHICH GAVE RISE TO THE APPLICABLE LIABILITY, THEN MAIZY DAISY LLC’S TOTAL LIABILITY TO YOU FOR ANY SUCH CLAIM SHALL NOT EXCEED THE LESSER OF (I) THE TOTAL AMOUNTS PAID BY YOU TO MAIZY DAISY LLC IN THE TWELVE MONTH PERIOD IMEDIATELY PRECEDING THE ACTION THAT GAVE RISE TO THE LIABILITY AND (II) FIFTY DOLLARS ($50 USD)].
APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of the State of Illinois without giving effect to any principles of conflicts of laws.
INDEMNITY
The term “MDLLC Parties” as used in these Terms and Conditions shall mean, collectively, Maizy Daisy LLC, each member in Maizy Daisy LLC, each manager of Maizy Daisy LLC, each agent of Maizy Daisy LLC, each employee of Maizy Daisy LLC and each representative of Maizy Daisy LLC.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE MDLLC PARTIES AGAINST AND FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS, DAMAGES AND/OR EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL FEES AND COSTS) ARISING OUT OF AND/OR RELATED TO (A) YOUR ACCESS TO OR USE OF THE MAIZY DAISY LLC WEBSITE, (B) YOUR PURCHASE AND/OR USE OF PRODUCTS AND/OR SERVICES SOLD AND/OR PROVIDED BY MAIZY DAISY LLC, (C) YOUR VIOLATION OF THESE TERMS AND CONDITIONS, (D) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY RIGHT, (E) EACH ACCIDENT OR OTHER OCCURRENCE ON AND/OR ABOUT ANY LOCATION AT WHICH YOU REQUEST AND/OR CONTRACT FOR MAIZY DAISY LLC TO PROVIDE ONE OR MORE PRODUCTS AND/OR SERVICES, (F) EACH OF YOUR ACTS AND/OR OMISSIONS AND (G) EACH OF THE ACTS AND/OR OMISSIONS OF EACH OF YOUR GUESTS, AGENTS, CONTRACTORS, INVITEES AND/OR REPRESENTATIVES.
SEVERABILITY
If any provision (or portion thereof) of these Terms and Conditions shall be determined to be unenforceable and/or void by any court of competent jurisdiction then (i) such provision (or applicable portion thereof) shall be deemed to be severable and (ii) such determination shall not affect the validity of any other provisions (or any other potion of the applicable provision) of these Terms and Conditions. If any provision of these Terms and Conditions is capable of two constructions, one of which would render such provision void and the other of which would render such provision valid, then such provision shall have the meaning which renders such provision valid.
ELECTRONIC COMMUNICATIONS
You agree to receive communications from Maizy Daisy LLC electronically including, without limitation, emails, text messages, and messages through the Maizy Daisy LLC website and/or social media. All such communications shall be deemed to satisfy any legal requirement that such communications be in writing. You are responsible for ensuring that all your contact information provided to Maizy Daisy LLC is accurate and up to date. Updates regarding orders, delivery times, event times and/or event planning may be sent electronically by Maizy Daisy LLC and shall be considered received upon being sent.
NO WAIVER
The waiver by Maizy Daisy LLC of one breach or default under these Terms and Conditions shall not constitute a waver any subsequent and/or other breach or default under these Terms and Conditions.
NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP
No joint venture, partnership, employment or agency relationship exists between you and Maizy Daisy LLC as a result of these Terms and Conditions and/or your use of the Maizy Daisy LLC website and/or your purchase of products and/or services from Maizy Daisy LLC.
SURVIVAL
Each of the provisions of these Terms and Conditions shall survive your use and/or experience of Maizy Daisy’s website, products and/or services.
CONFLICT
In the event of any conflict between these Terms and Conditions and any other portion of the Maizy Daisy LLC website, these Terms and Conditions shall govern. In the event of any Conflict between any communication (in any form whether electronic, verbal or in writing) from Maizy Daisy LLC and these Terms and Condition, these Terms and Conditions shall govern.
ONLINE PLATFORM
Square Online (Block, Inc.) provides Maizy Daisy LLC’s online e-commerce platform. Your data may be stored by Square Online.
