Order Confirmation
An order is confirmed only after Everby receives any required payment and sends written confirmation. Quotes, proposals, availability, and product selections may change until confirmation.
You are responsible for reviewing names, addresses, dates, quantities, personalization, dietary notes, and other order details before approval.
Payments
Payments are due according to the invoice or proposal. We may pause sourcing, production, delivery, or event services when payment is late. Taxes, delivery, shipping, venue, rush, or special-handling charges may be added where applicable.
Final Sale & Refund Policy
Because Everby products and experiences are curated, perishable, personalized, made to order, or reserved for a specific date, all sales are final and payments are non-refundable, except where required by law or expressly agreed by Everby in writing.
If Everby cannot fulfill a confirmed order, our remedy may be a replacement, credit, rescheduling, or refund for the affected portion, at our discretion and as permitted by law.
Cancellations, Changes & Rescheduling
Change requests are not guaranteed and may require additional fees. Cancellations do not create a right to a refund. If rescheduling is feasible, prior payments may be applied to a new date subject to availability, vendor commitments, and a rescheduling fee.
Creative & Product Variation
Natural materials, flowers, foods, vessels, packaging, and artisan goods vary in color, size, texture, and availability. Photographs are illustrative. We may make substitutions of comparable style, quality, and value while preserving the overall design intent.
Allergies & Dietary Information
You must disclose known allergies and restrictions before confirmation. Everby and its suppliers may handle common allergens, and we cannot guarantee an allergen-free environment or prevent cross-contact. Recipients should review labels and use their own judgment before consumption.
Delivery & Transfer of Responsibility
You are responsible for accurate delivery details and lawful, safe access. Delivery is complete when the order is handed to the recipient or an authorized person, left at an approved location, or documented as delivered according to the instructions provided.
After completed delivery or drop-off, risk of loss, theft, damage, spoilage, weather exposure, improper storage, venue movement, or third-party handling transfers to the customer or recipient. Everby is not responsible for conditions or events after that point.
Pickup Orders
Pickup orders must be collected during the agreed window. Responsibility transfers at pickup. We are not responsible for deterioration, damage, or loss caused by late collection, vehicle conditions, transport, handling, or storage after pickup.
Event Setup & Venue Conditions
You must secure permissions, access, parking, utilities, and a safe work area. Delays or restrictions caused by the venue, other vendors, guests, security, weather, or inaccurate information may reduce the available setup time and may require added fees.
Once setup is approved, completed, or the event begins, Everby is not responsible for changes, movement, damage, or loss caused by guests, venue staff, weather, or other third parties.
Shipping
Shipping dates are estimates unless expressly guaranteed in writing. Carrier delays, address errors, theft, weather, and transit damage may be outside our control. Claims must be reported promptly with photographs, packaging, and order details so we can determine whether a carrier claim or other remedy is available.
Events Beyond Reasonable Control
Everby is not liable for delay or nonperformance caused by events beyond reasonable control, including severe weather, natural disaster, fire, illness, labor disruption, government action, venue closure, transportation interruption, utility failure, or supplier shortage. We will make reasonable efforts to communicate and offer an appropriate alternative where feasible.
Concerns & Opportunity to Respond
Please notify us within 24 hours of delivery, pickup, or service completion when reasonably possible. Include photographs and a description of the concern, preserve the product and packaging, and allow us a reasonable opportunity to review and respond.
Limitation of Liability
To the fullest extent permitted by law, Everby is not liable for indirect, incidental, special, consequential, or punitive damages. Everby's aggregate liability for a claim will not exceed the amount paid for the product or service giving rise to that claim. Nothing in these terms excludes liability that cannot lawfully be limited.
Photography & Marketing
Everby may photograph its products, styling, or installations for portfolio and marketing use, while making reasonable efforts to avoid identifying private individuals or confidential information. Please notify us in writing before service if photography is prohibited by you or the venue.
Communications & Electronic Acceptance
You consent to routine communications by email, text, or phone regarding your inquiry, order, delivery, or event. Electronic approvals, signatures, invoice payments, and checkbox acceptances have the same effect as written acceptance, subject to applicable law.
Governing Law
These terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute will be brought in a court of competent jurisdiction in Texas unless applicable law requires otherwise.
Entire Agreement
These terms, together with the applicable proposal, invoice, order confirmation, and any signed agreement, form the entire agreement for the purchase. If a project-specific signed agreement conflicts with these terms, the signed agreement controls for that project. If one provision is unenforceable, the remaining provisions remain effective.