Terms of service

Terms & Conditions for Pioum Rentals

ENTIRE AGREEMENT
This is the entire agreement between Pioum and Client and supersedes all previous agreements. It cannot be altered without written consent of both Pioum and Client. By renting or buying our products you agree to these terms and conditions:

DISCLAIMER: By renting or buying our floral arrangements you understand that though some of these flowers look real, and are named after real flowers, some of them are in fact artificial, and therefore only resemble the real flower for which it is named after, or referred to.

While we promise quality and take pride in our products, we are not responsible if flowers do not resemble the product photographs on our website exactly. While we will make every effort to keep your order as close to your descriptions and photographs as possible, we do reserve the right to replace flowers and greenery if we feel they won't be a good fit, or if specific flowers are not in stock or in season.

[SECTION 1] - SERVICES PROVIDED:
Pioum will assist Client with selection of products or customization as needed in order to implement the vision Client has for the event. The process of customization will take place over the course of a series of discussions with Pioum. Customizations are subject to additional fees.

The price for rental includes 1 setup/location only. Additional fees will apply if the desired rental item is to be moved from the ceremony to the reception, or anywhere else. All our products, including but not limited to arches, arbors, pillars, and aisle flowers, are very large and delicate. Some of them have to be disassembled, which will require our team to remove the florals, dissemble the item, transport it to the new location, then reassemble, and re-apply the florals. We require our own team to move any items unless approved from us prior to the event. This is due to insurance, which will not cover anyone outside our team or an industry professional to handle our items. Please be sure to check with your venue to confirm our rentals will fit in the desired space.

[SECTION 2] - PAYMENTS:
All the payment is due up front through various payment methods available on our website. A reservation deposit of 25% of the total balance must be submitted with all orders. The deposit is deducted from the total price of the wedding/event. 

Once the Agreement is ratified or signed and the deposit is paid, Pioum shall reserve the time and date agreed upon for the event and will not make other reservations that will conflict with the event. For this reason, all deposit fees are only partially refundable, please view SECTION 5 for more information. Final payments are due 4 weeks prior to the event. If payment is not received from the Client according to the payment schedule provided, flowers and decor will not be ordered, and this contract will be closed at the determination of Pioum. If Pioum determines the contract can still be fulfilled after this date and Client wishes to continue the contract, there will be a 10% fee added to the balance due and an additional 10% fee for each 7 days that the balance is late. Any extraordinary costs incurred due to the late payment will be passed on to Client. 

[SECTION 3] - CHANGES IN DATE & TIME:
In case of a change in the time or date of the event, Pioum shall make reasonable efforts to accommodate the change. However, if the new time or date conflicts with Pioum’s existing schedule, Pioum reserves the right to terminate the Agreement. In the event of such termination, Client shall forfeit any previous non-refundable deposits. If Pioum is informed less than 3 months from the Event Date, Client is subject to an additional 20% charge of the Total Amount.

[SECTION 4] - OBLIGATIONS OF CLIENT:
Client will work with Pioum regarding the services to be rendered, and will provide all necessary information as needed to appropriately perform the services outlined in this Agreement. Client also agrees to participate fully in the planning and decision-making process and to cooperate with Pioum by responding promptly to reasonable requests. Client is also responsible for booking any indoor back-up locations for the wedding day. If rental products are being used at an outdoor event, Client must have a rain plan or alternate location in the case of rain or else Client will be subject to damage charges. 

[SECTION 5] - CANCELLATIONS & REFUNDS:
We require a 90-day cancellation notice for rentals, otherwise your deposit cannot be partially refunded. In the event of a war, fire, tragedy, pandemic, natural disaster, or other emergencies within 90 days of your wedding/event, we will move your deposit free of charge to another date.

Deposits will not be refunded in full, they will exclude the payment processing fees, as well as any time we spent in communication with you, the time spent forming this proposal, any time spent working on your event preparations, fees charged by our banking institution for refunds, and may include the fees associated with us making this available online for you to rent Online.

Products for purchase have a 30 day refund policy. Please view our policy here: REFUND POLICY

[SECTION 6] - LIMITATIONS OF LIABILITY:
Pioum is not liable in any way for the security of the event, or damages or any losses or injuries that may occur during the event. 

Pioum will not be liable to Client under any circumstances if its performance is prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Pioum. In the event of any unanticipated illness, Pioum shall make reasonable efforts to substitute another competent professional. If another professional cannot be assigned in time for the event, Pioum shall promptly return to Client all fees previously paid by Client, and shall then have no further liability with respect to this Agreement.  

[SECTION 7] - RIGHT OF WITHDRAWAL:
Pioum reserves the right to cancel this contract if at any time Pioum feels that obligations cannot be met. Pioum’s discovery of new information, changes to agreed circumstances, or other factors, which tends to circumvent its policies may result in its withdrawal. Non-cooperation, changes in locations, facilities or available times, and late payments are examples of contributing factors. Should Pioum initiate the withdrawal due Client’s failure to meet obligations, no monies will be returned to the Client, including the deposit. 

[SECTION 8] - SUBSTITUTIONS & ADJUSTMENTS:
Pioum reserves the right to make substitutions in the event the flowers or decor received are not of the quality suitable to the wedding/event. The integrity of the proposed look and color scheme will be maintained and flowers of equivalent value will be used. 

At the time of the initial deposit, adjustments can still be made to the invoice. Large additions and subtractions can be accepted up until the balance is paid in full. There is a guaranteed minimum payment of 85% of the original proposal. Any liability on the part of Pioum is limited to the full refund of monies paid minus the deposit fee. Due to fluctuating flower prices, price increases may occur and will be passed onto the customer if their rental includes fresh flowers. The customer will be notified as soon as Pioum is made aware of these increases. Pioum will send the customer an invoice for the additional cost, to be paid within 30 days of the event.

No guarantee is given that the same flowers will be available and pricing will be determined according to what is available. Color and style will be matched as closely as possible.

[SECTION 9] - DELIVERY & SET-UP:
All orders include delivery, setup, and pickup, with a pickup time of no later than 9:00 PM, and free delivery within Zone 1 of our warehouse, roundtrip. Zones have been determined by postal code in aspects to time and distance from our warehouse.

• Below are the rates for the following zones:
• Zone 1 - Free Delivery
• Zone 2 - $15
• Zone 3 - $25
• Zone 4 - $35
• Zone 5 - $45
• You will be able to get an accurate quote for your zone at check-out once you input your address.

Pickups past 9:00 PM will incur an additional fee. Any pickups past 9:00 PM are subject to a late night pickup fee, which can be found below:

• 9:30 PM charge of $50
• 10:00 PM charge of of $100
• 10:30 PM charge of $150
• 11:00 PM charge of $200
• 11:30 PM charge of $250
• 12:00 AM charge of $300

[SECTION 10] - LOSS, DAMAGE, & PRODUCT HANDLING:
No rentals can be left outside overnight, including the altars, arches, or backdrops of any kind, as well as all floral arrangements. The rentals cannot be in the rain due to damage. Client must have a rain plan and keep the rental products covered. If there is rain coming after the main event and the arch is outside we will pick-up the rentals early. 

No one is allowed to transport, take-down, or move our product without prior written approval. Any damage incurred to our product beyond natural wear while renting our items will be charged to your card in the amount of 3 times the rental price of the item. If an item is not returned within the rental agreement period of time, you will be charged 4 times the rental cost of the item and will be allowed to keep the item. Your credit card information is safely stored and will be deleted once the items are returned.

[SECTION 11] - VENUE & LOCATION LIMITATIONS:
Pioum is limited by the rules and guidelines of the location(s) and site management. Negotiation with the officials for moderation of guidelines is the responsibility of Client; Pioum here will offer technical recommendations only.

Reimbursements will not be made for unused items due to venue limitations not communicated to Pioum.

[MODIFICATIONS] 
This written and authorized/signed Agreement constitutes the sole and exclusive agreement between the parties regarding the services and products to be provided by Pioum in connection with the event. It is intended by each party to constitute the final written memorandum of all of their agreements and understandings in this transaction. No covenants, warranties, and/or representations, expressed or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties hereto which are not expressly set forth above. If either party to this Agreement has attempted to make such covenants, warranties, and/or representations, promises or prior agreements, they are each superseded hereby and waved. Any waivers, terminations, amendments or modifications of, or additions to, this Agreement must be in writing signed by the party against which the enforcement of such writing is sought.  

 

OVERVIEW FOR SHOPIFY MY STORE TERMS & SERVICES

 
This website is operated by My Store. Throughout the site, the terms “we”, “us” and “our” refer to My Store. My Store offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: CLICK HERE TO VIEW 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: CLICK HERE TO VIEW 

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: PRIVACY POLICY 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall My Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@pioumstudio.com. 
Our contact information is posted below:
Pioum 
hello@pioumstudio.com 
778-403-7942