Piccolo's Florist - Privacy & Policies
- Payment Options
- Contact Information
- Areas Served
- Satisfaction Guarantee & Refunds
- Delivery Policy
- Out-of-Town Orders
- Substitution Policy
- Discounts and Promotions: Exclusions and Restrictions
- Text Message Program
- Website Accessibility Statement
We accept the following payment methods:
Pay In-store on Pick up
House Account Invoicing
Please feel free to call Piccolo’s Florist and Gifts of Omaha at any time during our business hours. Our phone number is (402) 397-6000. After hours, you may place an order with our answering service or leave a message for our staff. You may also email us at firstname.lastname@example.org
Satisfaction Guarantee & Refunds
We offer a 100% satisfaction guarantee on all purchases. Due to the perishable nature of flowers, it is our policy not to issue a refund on any purchases made. However, we are happy to ensure customer satisfaction by offering replacements for those orders that do not meet our customer's expectations. Alternatively, we might offer free upgrades on future orders or a store credit. Please call us to request help with an order if you are dissatisfied. Some restrictions may apply.
The maximum liability of any purchase is the total value of the purchase. We reserve the right to not issue refunds, redeliveries, credits, etc. at our sole discretion.
We will always try to accommodate a time sensitive order. Same day deliveries are generally available if placed before noon, but may not be available around major holidays. Please call us if you have any questions about the timing of your delivery. If your delivery requires a specific time we will be happy to offer you our express delivery service for an additional fee, if available. Sunday delivery is available when the store is open. If Sunday delivery is not available, your order will be delivered the next day. There is an additional delivery/service fee on most delivery orders. No matter what your budget is, we guarantee that you'll receive a beautiful arrangement that you’ll be happy with.
Deliveries may be requested to arrive in the morning by 12 noon or by 5pm, if the arrangement is being delivered to a business. Special requests will be accommodated to the best of our ability, however, there may be additional fees or restrictions for deliveries needed within two hours of placing an order.
To ensure prompt delivery, recipients may be called to schedule a delivery. If the recipient is unavailable at home, the delivery may be left safely at a door or with a neighbor. Redeliveries are sometimes necessary if the recipient is unavailable, the delivery driver believes the flowers or gift would be damaged or lost by leaving them, or if there are no neighbors available. If the recipient is located at work, we may be required to leave the flowers at a reception area or similar space if we are not allowed direct access to the recipient’s location. We will make every effort to hand deliver the flowers directly to the recipient.
We may attempt to call you or the recipient if we have delivery questions or problems. If you elect to receive an email, you should get a message shortly after the flowers have been delivered. Please note that there can be up to an 8 hour delay on email delivery notifications.
We will do our best to fulfill delivery date and time requests, but cannot always guarantee delivery times and dates, including express delivery options.
*Please note, during major floral holidays such as Valentine’s Day and Mother’s Day, we are unable to guarantee any timed delivery requests but will try our very best to accommodate.
We can send flowers through our network of expert florists to most towns in the United States, Canada, and the rest of the world! For orders outside of our local delivery area, one of our florist partners may design and deliver your flowers. Please note that due to local availability, the florist who delivers your order may have to make substitutions to the flowers, vase, or gifts, while doing their best to maintain the overall look and feel of the arrangement you choose. We are unable to control what other florists send and cannot guarantee any specific delivery times or dates for out-of-town orders but will do our best to accommodate any requests. There may be additional fees associated with out-of-town orders. Rarely, we may not be able to find a florist to make and deliver your out-of-town order. If this happens, we will provide alternatives or cancel your order.
Due to the availability of certain flowers, substitutions may occasionally be necessary to create your bouquet. Great care is taken to maintain the style, theme, and color scheme of the arrangement, using flowers of equal or greater value. Additionally, the substitution of certain vases or gifts may be necessary due to increased demand, especially during major holidays. In single-flower arrangements, such as an all rose bouquet, or orchids, we will make every attempt to match the flower type, but may substitute with another color.
Discounts and Promotions: Exclusions and Restrictions
In addition to any specific discount and promotion code restrictions and exclusions, unless explicitly stated otherwise, all offers and promotions are:
- Valid for local delivery only within our delivery area
- Valid online only
- Can not be combined with other offers or promotions or discounts
- Does not apply to gift baskets or direct shipped items/nationwide items
- Not valid for events or weddings
- Not valid on previous orders
- Not valid for custom designs
- Not valid on orders over $500
- Promotions and Discounts have no cash value
- Other restrictions or exclusions may still apply. We reserve the right to deny service to any customer for any reason
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Flowers, Plants, Gifts, Weddings & Events, and related goods and services.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures, LLC d/b/a Voxie or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Omaha, Nebraska before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which McCarthy Flowers Nebraska, Inc. t/a Piccolo’s Florist’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
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Website Accessibility Statement
We are committed to making our website accessible to all customers. We work hard and take steps to provide for the usability and accessibility of this website and our products and services. We communicate with our 3rd party website provider to provide services and access compatible with common browsers, accessories, and other tools and technology and we strive to provide accessibility for all customers. Please know that during this ongoing work and efforts to provide usability and accessibility for any customer, it may not be possible in every area of our website, technology, services or products with current technological restrictions, vendor restrictions, and other restrictions. However, your feedback is very serious and important to us so we can continue to improve and evaluate ways to accommodate all customers.
Since accessibility is extremely important to us, please feel free to reach out to us with any concerns about the accessibility or functionality of our products and services by emailing “firstname.lastname@example.org” with information about the nature of the issue, how you would prefer to get a response from us, how to best contact you, which website you are contacting us about, and any other information you wish to provide. We will work hard to try to provide the help and information you need via a communication method that works for you. Thank you for your help and patience as we strive to provide an accessible and usable website with products and services on an ongoing basis.
This privacy statement has been created in order to demonstrate our firm commitment to protecting customer privacy.
Information We Collect
If you open an account on our site or make a purchase, we need your contact information including your name, e-mail address and mailing address to complete your transaction.
When you visit our website, we also collect some basic information that does not identify individual users. We use this information to determine our users demographics and interests, so that we can better understand and serve our users.
Our Use and Disclosure of Your Information
When opening an account or making a purchase, you have an opportunity to opt-in or opt-out from receiving emails from us. If you opt-in to receive information from us, we may use your purchase history, contact information and other registration information to provide you with more relevant information and email content. We may send emails to our users regarding changes in our services or other information we believe will be of interest to our users. If you prefer not to receive these emails, you can send us an email with the subject line no emails or reply to our email with the subject line no emails.
We may share aggregate statistics about our sales, traffic patterns and related site information with other businesses, but these statistics will include no personally identifying information.
We may share your information with Teleflora and other reputable vendors for the purpose of sending out special offers via email and/ or in connection with the services provided by our site such as the delivery of flowers. Your information will not be shared for any other purpose and will be kept secured.
We cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Statement. For example, we may be required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that may be illegal or may expose us to legal liability.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control.
All user credit card information is securely communicated using secure socket layer (SSL) software, which is the industry standard and among the best software available for secure commerce transactions.
All user information stored on our server is stored in an encrypted format. Notwithstanding these efforts, we caution you that perfect security does not exist on the Internet.
If this site contains any links to other websites, we are not responsible for the privacy practices or the content of such websites.
Changes to Privacy Statement; Consent
We may update this Privacy Statement from time to time. You should check this page periodically for changes. By using our site, you consent to the collection and use of your information by us as described in this Privacy Statement.
Questions and Comments
We welcome your questions and comments about this Privacy Statement.
SMS/MMS MOBILE MESSAGING MARKETING PROGRAM
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:
McCarthy Flowers Nebraska, Inc. t/a Piccolo’s Florist
8335 Maple St.
Omaha, NE 68134
Monday-Friday: 8:00am - 6:00pm
Saturday: 8:00am - 4:00pm
Sunday: 9:00am - 2:00pm
Piccolo's Florist - West: