Element's acknowledgment and acceptance of customer’s order is expressly made conditional upon customer’s acceptance of the terms and conditions contained herein, and any additional items, conditions, or policies set forth on Element's website.

SECTION 1 – PRODUCTS. Upon Customer’s purchase of one or more Products, Pressed Bouquet Shop (“PBS”) shall provide to Customer the Products identified in Customer’s order. The “Product(s)” refer to the specific product(s) Customer is purchasing from Element, which may include frames and/or resin designs, and other related goods, containing pressed wedding bouquets and other special-event florals. Element shall have sole and exclusive control over the manner in which its agents, employees, or subcontractors, if any, create and deliver the Products to Customer. Occasionally there may be information on Element's website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Element reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website, order, or on any related website is inaccurate at any time without prior notice (including after Customer has submitted an order). The terms and conditions set forth herein, and any additional terms, conditions, or policies set forth on Element's website and/or available by hyperlink (individually and collectively, the “Agreement”), shall govern Customer’s purchase of the Products.

SECTION 2 – PRICE PAYMENT TERMS. As compensation for the Product(s), Customer shall pay Element in accordance with the rates, charges, and provisions set forth on Element's website, at the time Customer places an order, for each corresponding Product. The prices of the Products are exclusive of shipping costs, and all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer, but these costs will be calculated at checkout. At checkout, the order summary shall set forth in reasonable detail the calculation of the rates and charges for the Products Customer selected. Customer shall pay the entire amount due when placing an order with Element.

SECTION 3 – TAXES. Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder; provided that, in no event shall Customer pay or be responsible for any taxes imposed on, or regarding, Element's income, revenues, gross receipts, and personnel.

SECTION 4 – SHIPMENT TO PBS. PBS strongly recommends Customer uses overnight shipping to ship Customer’s bouquet/special-event florals to Element. Element recommends Customer use UPS or FedEx for all shipments to Element. Element must receive Customer’s bouquet/special event florals within five (5) business days of the wedding/event. Customer acknowledges that the flowers may brown or lose petals during shipment, and Element works with the florals in the condition that Element receives them. Customer agrees to review  Element's shipping instructions, prior to placing Customer’s order. Customer’s order confirmation will also include detailed shipping instructions. If Customer’s wedding/event is on a Thursday or Friday, Element recommends that Customer waits until the following Monday to ship Customer’s florals to Element's office. Customer acknowledges that holidays and Element's planned store closings may affect/delay delivery of the florals to Element, and Customer agrees to plan accordingly. While waiting to ship the florals, Customer shall keep the floral stems in water, and store the bouquet/floral arrangement in a cool, dark place. If possible, Element recommends that Customer store the bouquet towards the front or middle of a refrigerated space. Element will not ship back any glass vases or other items that may be used to hold your bouquet stems. Element will return ribbons, charms, or small items that fit within the box that Element ships your Products in. Customer shall be responsible for all shipment costs associated with shipping Customer’s bouquet/special-event florals to Element. 

SECTION 5 – DELIVERY. The Products will be delivered within a reasonable time after Customer places Customer’s order. Element shall not be liable for any delays, losses, or damages in transit. Title and risk of loss shall pass to Customer upon dispatch of the Products from Element's facilities. Element shall deliver the Products to the location Customer specifies in Customer’s order, using PBS’s standard methods for packaging and shipping such Products. Element packages the Products in one hundred percent (100%) cotton canvas totes. 

SECTION 6 – PRODUCT DETAILS/COLORS. Element's frame designs are protected by ninety-nine percent (99%) coated UV glass. Customer acknowledges that Element creates the Products with real florals, and as a result, the pigmentation in Customer’s bouquet will naturally fade over time. Customer acknowledges that the clarity in resin pieces may fade to an antique, amber color over time, which is common for resin products. Customer acknowledges that Element does not use any paint, dye, or color enhancements in the preservation process to create Customer’s Products. Element recommends that Customers keep the Products in a temperature-controlled, dimly lit space, away from bright lighting and sunlight, to help extend the color of the florals and Products. 

SECTION 7 – DRIED BOUQUETS/FLORALS. Customer acknowledges that Element is able to create certain products, but not all products, if Customer’s bouquet/florals are dried when Element receives them. Specifically, Customer acknowledges that Element cannot press dried flowers, but Element can create petal confetti-style resin pieces, such as coasters, display trays, or serving trays, but Element cannot create petal confetti-style ring holders. Element can recreate the bouquet/florals with the florist Element partners with, however, Customer acknowledges that Customer shall be responsible for the costs of the flowers and greenery, which Customer shall pay to Element when placing an order. 

SECTION 8 – ORDER CANCELLATIONS. Customer may cancel Customer’s order up until Element receives Customer’s bouquet/florals at Element's shop/facilities. Customer acknowledges that if Customer cancels Customer’s order within twenty-four (24) hours of placing the order, Customer will receive a full refund. Customer acknowledges that Element shall deduct a twenty percent (20%) holding fee from any order cancellations that occur more than twenty-four (24) hours after the order was placed. Element may, in Element's sole discretion, cancel orders placed by Customer. In the event that Element makes a change to, or cancels an order, Element may attempt to notify you by contacting the e‑mail, phone number, and/or billing address provided at the time the order was made. Element reserves the right to limit or prohibit orders that, in Element's sole judgment, appear to be placed by dealers, resellers, or distributors. Customer agrees to provide current, complete, and accurate purchase and account information for all purchases made on Element's website. Customer agrees to promptly update Customer’s account and other information, including Customer’s email address, credit card numbers and expiration dates, so that Element can complete Customer’s transactions and contact Customer as needed.

SECTION 9 – RETURNS/DAMAGES. Requests for returns are not accepted once Element receives Customer’s bouquet/florals at Element's shop/facilities to begin creating the Product(s). Element does not accept returns for completed orders, as each Product requires custom, handmade work. Notwithstanding the preceding sentence, Element may grant returns for Product(s) to certain customers, in Element's sole discretion. Notwithstanding the limited warranty set forth in Section 10, if the Product is defective or damaged upon delivery to Customer, Element may take reasonable steps to repair or correct the defect or damage, and determine the appropriate resolution, in Element's sole discretion. If the Product purchased by Customer is a framed design, and Customer has an issue with the frame, Customer can contact Element through  Element's “Contact Us” page on Element's website. 

SECTION 10 – LIMITED WARRANTY. Element will use commercially reasonable efforts to create the Product and ship Customer’s order to Customer in a timely, workmanlike, and professional manner, in accordance with generally-recognized industry standards, but Element makes no representations or warranties with respect to the condition of Customer’s order upon arrival. Notwithstanding anything herein to the contrary, Customer assumes all risks (including, but not limited to, physical damage, or harm to Customer’s order) relating to or arising from the transportation of Customer’s order. 

SECTION 11 – CUSTOMER'S EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PBS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, RELIANCE, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR ANY OTHER LOSSES UNDER ANY LEGAL THEORY INCLUDING CONTRACT AND TORT, ARISING FROM, OR IN CONNECTION WITH, THIS AGREEMENT AND THE PRODUCTS CONTEMPLATED HEREUNDER, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND/OR WHETHER PBS WAS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL ELEMENT'S AGGREGATE LIABILITY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, WHETHER ARISING OUT OF, OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO ELEMENT PURSUANT TO THIS AGREEMENT. 

SECTION 12 – DISCLAIMER. EXCEPT FOR THOSE WARRANTIES SET FORTH HEREIN, ELEMENT DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR INFRINGEMENT OF INTELLECTUAL PROPERTY. ELEMENT MAKES NO WARRANTY WHATSOEVER REGARDING THE PRODUCT(S), WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY ELEMENT, OR ANY OTHER PERSON ON PBS'S BEHALF.

SECTION 13 – MODIFICATION/WAIVER. Notwithstanding anything contained herein to the contrary, any modification of this Agreement must be in writing and signed by an authorized representative of each party. No claim or rights arising out of a breach of the Agreement by Customer may be discharged in whole or in part by a waiver of the claim or right, unless the waiver is in writing, signed by an authorized representative of Element. Element's waiver or acceptance of any breach by Customer of any provisions of the Agreement shall not constitute a waiver of or an excuse for nonperformance as to any other provision of the Agreement nor as to any prior or subsequent breach of the same provision. Element, at its sole discretion, and without notice to Customer, may correct any errors on any order placed by Customer, and such correction shall operate to amend this Agreement. 

SECTION 14 - FORCE MAJEURE. Element shall not be deemed in breach of this Agreement and liable to Customer for any delay or failure in performing its obligations under this Agreement to the extent that such delay or failure is caused by reason of fire, earthquake, flood, hurricane, or other severe weather, labor dispute, act of war, pandemic, epidemic, terrorism, riot, or other severe civil disturbance, or any local, state, federal, national, or international law, governmental order, including state of emergency orders or regulation, or any other event beyond the reasonable control of that party. 

SECTION 15 - GOVERNING LAW; VENUE. The formation, construction, performance, and enforcement of this Agreement shall be in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree that any action related to this contract shall be brought in Lehigh County, Pennsylvania. 

SECTION 16 - SEVERABILITY. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. 

SECTION 17 - HEADINGS. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect. 

SECTION 18 - INTEGRATION. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings, and discussions between the parties relating to the subject matter of this Agreement. Any other ambiguities shall be resolved with the most reasonable and legally valid construction, without regard to authorship of such provisions.