Terms of service

TERMS OF SERVICE

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Last Updated 3.6.2024

Thank you for your interest in Bloom Culture. We are so thankful to have you as a part of our Bloom Culture community, and can’t wait to see what you do for your special day!

Please review these Terms of Service very carefully. By purchasing our products and/or services, you are agreeing to these terms and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.

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General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and Bloom Culture (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining goods and/or services (our “Products”) whether through our website at www.bloomcultureflowers.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”

By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions (the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Applicability. These Terms are the only terms that govern how we provide our Products to you. These Terms:

Together with your order confirmation (“Order Confirmation”), make up the entire agreement (collectively, this “Agreement”) between you and the Company, and supersede all others, both written and oral, regarding the purchase, sale, and delivery of any Products and the use of the Website. In the event of any conflict between these Terms and the Order Confirmation, these Terms will govern.
Will prevail over any terms and conditions submitted by you with a request for proposal, order, or in any other manner. Providing Products to you does not mean that we, in any way, accept your terms and conditions, nor will it amend or modify these Terms.

Scope of Products. Our Products include but are not limited to: instructional resources for do-it-yourself floral arrangements (“Materials”), flowers, and decorative items (collectively, the “Products”). We agree to provide Products and Materials to you as described in the Order Confirmation. You understand and agree that the Products are not pre-assembled and are intended to be assembled by the Purchaser in a do-it-yourself manner, with instructions for care and assembly provided in the included DIY Guide and various tutorials on our Website.

Product Delivery + Shipping Policy

When you make a purchase and submit your payment, you will be provided with the Products via delivery or local pick-up as selected prior to purchase. We ship all of our flowers FedEx Priority Overnight and require a signature, ensuring they leave the wholesaler in the evening and are delivered by 10:30 am local time the following day, barring any delays. In rural areas, delivery times may vary. Please note that product delivery will differ based on when you make your purchase, with orders typically shipping on Mondays and Tuesdays and arriving within 1-2 business days.

All of our pre-curated collections and packages ship for free. Custom design orders, however, will include a shipping charge based on your shipping method and destination address. You understand and agree that it is your responsibility to plan ahead in ordering your flowers to ensure delivery in time for your event.

We may ship the Products listed on the Order Confirmation individually based on availability. Each shipment will constitute a separate sale, and you will be responsible for paying for each Product shipped, whether the shipment is a full or partial order fulfillment.

If we are unable to deliver the Products due to your failure to provide appropriate instructions, address(es), documents, or authorizations: (i) any Product loss will become your responsibility; (ii) the Products will be considered delivered; and (iii) we may, at our discretion, store the Products until you pick them up, with the Purchaser being liable for all related costs and expenses.

Order Pickup. If you elect to pick up your order locally, you will receive pickup details in the Order Confirmation, including contact information for our local partner as well as details on when and where you can pick up your order. You understand and agree that purchasing any items from our local partner that are not reflected on the Order Confirmation will incur additional fees.

Inspection of Nonconforming Products. Although we do our best to ensure that you receive the Products you ordered, there is a chance you could receive a different product than what is listed on the Order Confirmation, or a product with contents that do not match what is described on its label or packaging (“Nonconforming Products”). You should inspect the Products within 24 hours of receiving them (“Inspection Period”). You will be considered to have accepted the Products unless you notify us in writing of any Nonconforming Products by the end of the Inspection Period and provide documented evidence as required by the Company. If you notify us of any Nonconforming Products during the Inspection Period, we may at our sole discretion and as your exclusive remedies, (i) replace the Nonconforming Products with conforming Products, or (ii) issue a credit or refund for the Sales Price. If we decide to replace the Nonconforming Products, you will be responsible for any shipping and handling fees.

Acceptance of Delivery. We require the customer or customer’s representative to be present to receive the Products at time of delivery. In the event you are unable to accept the scheduled delivery, you may designate an alternate point of contact (“Designee”) to accept the delivery on your behalf. Please ensure your Designee inspects the order to ensure that all Products on the Order Confirmation are included in the delivery. You understand and agree that you must notify us within 24 hours of receiving the delivery of any errors or omissions in order to qualify for a full or partial refund.

Non-Delivery + Late Delivery. The number of Products as recorded by Seller upon dispatch of the Order is evidence of the quantity received by the Purchaser upon delivery. Seller is not liable for any non-delivery of Products unless Purchaser gives written notice to Seller of the non-delivery within 24 hours of the date when the Products would in the ordinary course of business have been received. Any liability of Seller for non-delivery of the Products shall be limited to the cost actual quantity of Products that were not delivered. Seller has no liability beyond that cost. Seller is not liable or responsible for any shipping delays incurred by its shipping providers. Seller is not liable or responsible if the shipping provider does not require a signature for delivery. Customer agrees that they or their Designee will be present for the delivery.

Payment + Billing. By providing the Company with your preferred payment method, you represent and warrant that you:

Are authorized to use that payment method (the “Authorized Payment Method”)
Authorize the Company to charge your Authorized Payment Method for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”)
Grant to us the right to provide information necessary to process payment through your Authorized Payment Method to third parties to facilitate the transactions initiated by you or on your behalf
Agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when those charges are incurred including but not limited to all shipping and handling charges/applicable fees and taxes

Transactions. We reserve the right to refuse or cancel any order you place on the Website for any reason, including for pricing errors as described in the Sales Price section of these Terms. We reserve the right to limit order quantities by Purchaser, payment method, and/or billing or shipping address. We reserve the right to prohibit the purchase of any of our Products to resellers, distributors, and dealers.

Sales Price. The price of our Products is the price indicated on the Order Confirmation (the “Sales Price”). If no price is included on the Order Confirmation, the Sales Price is the price published on the Company’s website as of the date reflected on the Order Confirmation. We reserve the right to cancel full and partial orders due to pricing errors in store presentation. Unless otherwise indicated, all Fees are in USD.

Promotions + Discounts. We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer or issue a partial refund in the form of cash or store credit.

Order Changes. Before an order is placed, we strongly encourage you to review your selections carefully. Once an order is placed we aim to begin preparation as soon as possible to ensure everything is perfect for your event. Should you find it necessary to request changes to your order, please note that such requests must be submitted in writing by emailing hello@bloomcultureflowers.com no less than 45 days prior to the Event Date. Changes are subject to our ability to accommodate them and may incur a Change Fee, reflecting the additional labor and resources required. The Change Fee will be detailed in a revised invoice (“Revised Invoice”) that will be sent to you for approval.

Please be aware that changes are limited to adjustments of existing order components and do not permit complete order redesigns. Additions to the order are allowed but must be made at least 30 days before the Event Date and may be subject to additional fees.

Your prompt response to the Revised Invoice within five (5) days is crucial. Failure to respond will be considered acceptance of the Revised Invoice as-is. Once you approve the Revised Invoice, the total cost of your order may increase or decrease accordingly; however, please note that we do not offer refunds for reductions in order size or scope at this stage. Once final approval has been made, your order total cannot be reduced and any further revisions will result in a reallocation of budget rather than a refund. Upon final approval of the Revised Invoice, the order is considered final and cannot be reduced. Any further revisions will be treated as additions, subject to availability and additional charges.

Substitutions + Creative Control. We have carefully selected a range of florals that will be perfect for your event regardless of the time of year. However, due to the perishable nature of florals, substitutions are sometimes necessary to provide you with the highest quality Products. You understand and agree that all florals are subject to availability and freshness. While we will attempt to contact you if we deem substitution necessary to meet your expectations, we reserve the right to make substitutions without your approval as needed to deliver your Products on time. We take the utmost care to maintain the style and color scheme of your chosen arrangements while using flowers of equal or greater value. Flowers, as a natural product, may have variations in color, size, fragrance, and other qualities. You understand and agree that we in no way imply or contract to exactly match a given shade, tint, hue, or color in providing the Products. Accordingly, we also reserve the right to employ artistic license in fulfilling the Products.

You understand and agree that:

The Products we provide are subjective and heavily dependent on our unique style, which may evolve over time with trends or the introduction of new technologies and/or techniques.
You are sufficiently familiar with our body of work, style, and aesthetic before purchasing the Products, and have reasonable expectations that the Products we provide will be of a similar style and aesthetic.
It is your sole responsibility to review the Order Confirmation carefully for accuracy and omissions.
We may use our own professional experience and judgment to provide the Products using florals that may not strictly adhere to your chosen arrangements in order to assure maximum quality.
Dissatisfaction with our professional judgment in making substitutions for the Products is not grounds for a refund of any payments previously received.

Error in Store Presentation. We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance. While we try to accurately display the colors of products, the colors you see may not be accurate depending on your monitor and/or mobile device.

Limited Warranty + Warranty Limitations. We warrant to the Purchaser that the Products:

Will not be Nonconforming Products
Will be free from significant defects in material and workmanship from their shipment date through the date of receipt by the Purchaser (the “Warranty Period”)

The warranties described in this section do not apply for Products that have been:

Misused, neglected, abused, or used in a manner contrary to our instructions or instructions provided by a third party supplier or vendor
Stored, assembled, or handled improperly
Subjected to abnormal environmental conditions or physical stress

Refund + Replacement. If our Products did not meet your needs and you have followed the conditions in this section, we are willing to offer a 24-hour return or replace policy. Refunds and replacements must be requested in writing within 24 hours of receiving the Products, and must be accompanied by at least three (3) photographs documenting the reason for your request. Failure to provide the required documentation will result in your request being denied. If approved, refunds will be calculated based on the condition of the Products. The Company will not issue a refund or provide a replacement based on dissatisfaction with color variations. Any consultation fees are considered earned when paid and will not be refunded under any circumstance. You can request a refund or replacement by emailing hello@bloomcultureflowers.com. Refunds are issued on the Sales Price minus any shipping and handling fees. We reserve the right to issue a partial refund based on the quality of the Products.

Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.

License for Use. By purchasing Products through our Website, you are agreeing to the Terms of Purchase, and in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Materials by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Products for personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to use the Products and any associated materials for yourself only.

Intellectual Property. The Company owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you.

Consent to Use. You are welcome to give us comments and feedback pertaining to our Website, our Products, and our Company, however, we cannot receive any confidential or proprietary information. Therefore any reviews, images, comments, testimonials, feedback, ideas, suggestions, information, offers, tags, and other disclosures submitted to us through our Website or otherwise (collectively, “Submissions”) are by default not confidential. You hereby grant us an unrestricted, irrevocable, perpetual, fully-paid, royalty-free commercial license and voluntarily release us to use your Submissions in any manner for any future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.

User Content. Certain features of the Website may allow you to submit messages, post reviews, upload images, videos, folders, or other data, and otherwise publish content to the Website (“User Content”). We may interact with you through third-party platforms, websites, communication services, and media channels such as Facebook, Instagram, and Twitter (“Social Media Assets”), as well as our Website (collectively, “Communication Platforms”). You understand and agree that:

Any content you submit to our Communication Platforms will be considered User Content
Your User Content will not contain libelous or otherwise unlawful, profane, abusive or obscene material, or any computer virus or other malware
We have the right but not the obligation to modify or delete User Content that we deem in our sole discretion to be abusive, unlawful, illegal, defamatory, libelous, obscene or objectionable to us.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of your User Content
You are solely responsible for your User Content and the consequences of providing User Content via our Communication Platforms
We take no responsibility and assume no liability for any User Content posted by you or any third-party

By providing User Content via our Communication Platforms, you are stating that nothing in your User Content or its use by the Company (i) infringes on the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right; (ii) slanders or defames any other person; (iii) would cause us to violate any law or regulation or otherwise cause us any liability by its use

Age Limitations. You must be at least 16 years old to use our Website. By submitting payment or otherwise enrolling through the Website, you are stating that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products, and that you have given us your consent to allow your minor dependents to use this Website.

Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

Privacy + Protection of Personal Information. We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate Bloom Culture and provide our Products. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.

Termination of Use. We may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.

Limitation of Liability. The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.

Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Oklahoma County, Oklahoma . If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the State of Oklahoma. In the event of conflicting laws, the laws of Oklahoma will control.

Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by email to hello@bloomcultureflowers.com. Notices provided by email will be effective upon actual receipt of same.

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.

Force Majeure. To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.