1. Agreement to Terms

By accessing or using BloomCraft's website, mobile application, or services (collectively, the "Services"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Services.

These terms apply to all visitors, users, and others who access or use the Services. We may modify these terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services constitutes acceptance of the modified terms.

2. Services Description

BloomCraft provides floral design services including:

• Custom floral arrangements for delivery
• Wedding and event floral services
• Subscription-based floral deliveries
• Workshops and floral design classes
• Corporate floral services
• Gift and specialty arrangements

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice.

3. Account Registration

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these terms or provide false information.

4. Orders and Payments

Order Acceptance: All orders are subject to acceptance and availability. We reserve the right to refuse any order for any reason.

Pricing: Prices are displayed in US dollars and are subject to change without notice. We are not responsible for typographical errors in pricing.

Payment Terms: Full payment is required at the time of ordering unless otherwise arranged for corporate or event clients.

Sales Tax: Applicable sales tax will be added to orders as required by law.

Payment Methods: We accept major credit cards, PayPal, and approved purchase orders for corporate accounts.

5. Delivery and Shipping

Delivery Areas: We deliver within our specified service areas. Delivery fees vary based on location and order size.

Delivery Times: We provide estimated delivery windows but cannot guarantee exact delivery times due to traffic, weather, or other factors beyond our control.

Delivery Instructions: Please provide accurate delivery information. We are not responsible for failed deliveries due to incorrect addresses or unavailable recipients.

Signature Requirements: Some deliveries may require signature confirmation. If no one is available, we will leave the arrangement in a safe place or attempt redelivery.

Risk of Loss: All products purchased from us are delivered by third-party carriers. Risk of loss passes to you upon delivery.

6. Product Information and Substitutions

Natural Products: Flowers are natural products that may vary in color, size, and availability due to seasonal changes, weather conditions, and market supply.

Substitution Policy: We reserve the right to substitute flowers of equal or greater value if specified flowers are unavailable. We will make every effort to maintain the style, color, and value of your arrangement.

Color and Design Variations: Actual colors may vary from website images due to monitor settings and natural flower variations.

Freshness: Proper care instructions are provided with each delivery. Flowers are perishable and have a limited lifespan.

7. Cancellation and Changes

Order Changes: Changes to orders must be requested at least 24 hours before scheduled delivery for standard orders, and 7 days for event orders.

Cancellations: You may cancel orders subject to the following:

• More than 24 hours before delivery: Full refund
• Less than 24 hours before delivery: 50% refund
• After delivery has been dispatched: No refund (see Refund Policy)

Event Cancellations: Subject to separate event agreements with specific cancellation terms.

8. Intellectual Property

All content included in or made available through our Services, including text, graphics, logos, images, designs, and software, is the property of BloomCraft or its content suppliers and protected by copyright laws.

You may not:

• Copy, modify, or create derivative works of our content
• Use our trademarks without written permission
• Reverse engineer or attempt to extract source code from our Services
• Remove any copyright or proprietary notices

You retain ownership of any content you submit, but grant us a license to use it in connection with our Services.

9. User Conduct

You agree not to:

• Use the Services for any illegal purpose
• Violate any laws or regulations
• Infringe upon the rights of others
• Harass, abuse, or harm others
• Submit false or misleading information
• Interfere with or disrupt the Services
• Attempt to gain unauthorized access to our systems
• Use automated systems to access our Services without permission

We reserve the right to terminate access for anyone violating these conduct rules.

10. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by BloomCraft. We have no control over, and assume no responsibility for:

• The content, privacy policies, or practices of any third-party sites
• Any damages or losses caused by third-party sites
• The quality or delivery of third-party products or services

You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party services.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OF INFORMATION
• UNINTERRUPTED OR ERROR-FREE SERVICE

We do not warrant that our Services will meet your requirements or be available at all times.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOOMCRAFT SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES
• ANY OTHER MATTER RELATING TO THE SERVICES

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless BloomCraft and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property right
• Any claim that your content caused damage to a third party

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Pima County, Arizona, and you hereby consent to personal jurisdiction and venue in such courts.

15. Dispute Resolution

Informal Resolution: Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at support@bloom-crafts.com.

Arbitration: If informal resolution fails, any dispute arising from these Terms will be resolved through binding arbitration in Marana, Arizona, in accordance with the rules of the American Arbitration Association.

Class Action Waiver: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class action or representative proceeding.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms constitute the entire agreement between you and BloomCraft regarding our Services and supersede any prior agreements.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Contact Information

For questions about these Terms of Service, please contact us:

Effective Date: January 15, 2024

Last Updated: January 15, 2024