HARRY AND DAVID, LLC
MEDFORD, OR

Since 1934, Harry & David has grown to become America’s premier choice for gourmet gifts. From our handpicked fresh fruit to our hand-packed gift baskets filled with delicious treats, we are committed to providing premium quality and excellence in every way. A history rich in agriculture and family values, our story started with Samuel Rosenberg, a successful hotel owner in Seattle, Washington. In 1910, Samuel traded his prized Hotel Sorrento for 240 prime acres of pears in Southern Oregon’s Rogue River Valley. The soon-to-be-named Bear Creek Orchards were later taken over by his two sons, Harry and David Rosenberg. Harry and David named their luxurious pears “Royal Riviera,” setting them apart from varieties grown elsewhere, and throughout the Roaring Twenties, the fame of Royal Riviera® Pears spread as their business boomed. Following the Great Depression, the brothers’ affluent market began to diminish. While there was no question that the Royal Riviera® Pears were unsurpassed in quality, their concern became finding new buyers. Always innovating, the brothers devised the idea of selling their pears by mail. In 1934, Harry and David set on their famous sales trips to San Francisco and New York, visiting the captains of industry and pitching their pears as the ideal business gift. It wasn’t long before the orders were rolling in. It was the beginning of Harry & David as the company grew to become America’s first choice for fruit and food gifts. Today, the company continues to grow and plan for the future, developing new ways to capitalize on the Harry & David brands. Today, we are proud to be one of the nation’s earliest catalog mail order companies, earning our reputation for unmatched quality and customer service. Innovation and bold marketing defined the company's early periods of growth. In 1936, Harry and David came up with the idea of the Fruit-of-the-Month Club, which allows customers to automatically send or receive fruit gifts throughout the year. The Tower of Treats, introduced in 1945, provides holiday cheer to thousands of American families. These and other Harry and David innovations have been widely imitated. 1-800-FLOWERS.COM® welcomes you to our family of brands website located at www.1800flowers.com (the “Website”). These terms of use apply when you use our Website, use our mobile applications, and place orders through social media applications (such as our Facebook App) (collectively, the "Service"). The goal of the Service is to provide access to our wide selection of floral, plant, gift basket, gourmet food, and gift products and services, as well as, information and ideas, to as wide an audience as possible. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you. Note: (or 21 years or older in the event that you place a request for transmission of an order for a product containing alcohol). Some of the products marketed by the 1-800-FLOWERS.COM® family of brands contain wine (alcoholic beverage) products. You must be an adult (21 years or older) to place a request for a wine product order which we will then forward to our designated licensed retailer or winery for acceptance, sale and processing of your order. Similarly, the recipient of your wine product order must be 21 years or older to accept delivery. The shipping carrier shall require identification, age verification and signature of an adult at the time of delivery. By placing your request for a wine product order you certify under penalty of law that you and the intended recipient are at least 21 years old. Any willful misrepresentation of your, or the recipient's age, in order to unlawfully obtain alcoholic beverage is a crime and the Company will cooperate with authorities to prosecute you and the recipient to the fullest extent of the law. THESE TERMS OF USE ALSO APPLY TO ALL MERCHANDING CHANNELS OF THE COMPANY AND ITS AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA AND PARTICIPATING RETAIL STORES. BY ACCESSING ANY OF THE COMPANY MERCHANDING CHANNELS, AND ANY AREAS OF THE SERVICE, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE BY, THESE TERMS OF USE. 1-800-FLOWERS.COM® family of brands Website and the Service is operated by 800-Flowers, Inc. with offices at One Old Country Road, Suite 500, Carle Place, New York 11514 (the "Company"). 1-800-Flowers.com, Inc., or one of its Affiliates, own the following trademarks, listed . "Affiliates" are those persons or entities directly or indirectly controlling, controlled by, or under common control with the Company. One or more patents may apply to this Website, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; 7,908,173; and 7,908,176. All other third party trademarks, product names, and company names and logos appearing on the Service are the property of their respective owners. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE; EXCEPT THAT THE COMPANY DOES GUARANTEE (THROUGH ITS "100% SATISFACTION GUARANTEE") THAT YOUR FLORAL ARRANGEMENT WILL STAY FRESH FOR SEVEN DAYS AFTER DELIVERY AND THAT OUR FOOD STUFF PRODUCTS WILL BE WHOLESOME AND FREE OF SUBSTANTIAL DEFECTS, AND IF THEY ARE NOT, THE COMPANY'S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN EQUIVALENT FLORAL ARRANGEMENT OR AFFECTED FOOD STUFF PRODUCT AS SOON AS REASONABLY PRACTICABLE.