1. Acceptance of Terms

By accessing or using this website and any related services, including browsing, creating an account, placing orders, submitting inquiries, or engaging us for events (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you do not agree, do not use these Services.

2. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent that you have the legal capacity to enter into a binding contract. If you use the Services on behalf of a company or another person, you represent that you have authority to bind them, and "you" includes that entity or person.

3. Changes to Terms

We may update these Terms at any time by posting the revised version with a new "Last Updated" date. Changes are effective when posted. Your continued use of the Services after changes are posted constitutes acceptance.

4. Orders, Availability, and Substitutions

• Product availability varies by season and market conditions. Images are illustrative; exact flowers, colors, vases, ribbons, and greenery may vary.
• We reserve the right to make equal or higher-value substitutions to maintain the overall style, theme, and value of your arrangement if specific items are unavailable.
• Custom and event orders may require lead time and design approvals. Your approval of a proposal or quote authorizes us to make professional substitutions as needed.

5. Prices, Quotes, and Payment

• Prices are listed in U.S. dollars and are subject to change without notice until an order is accepted and confirmed.
• Sales tax and delivery/setup fees apply as required.
• For events and corporate orders, deposits and staged payments may apply as stated in your proposal or invoice.

6. Delivery, Pickup, and Access

• Delivery windows are estimates. Weather, traffic, and access issues may affect timing.
• Accurate recipient details and access instructions are your responsibility.
• If access is denied or no safe delivery option exists, we may contact you to reschedule or return the item. Re-delivery fees may apply.
• For hospitals, schools, venues, or workplace deliveries, we may deliver to a reception or receiving area in accordance with facility policy.

8. Event Services (Weddings, Corporate, Special Events, Milestone Events)

• A signed proposal/contract and a non-refundable retainer are typically required to reserve your date.
• Final counts, design details, and remaining balances are due by the deadlines in your proposal. Late changes may incur fees or be declined based on availability.
• Venue access, onsite contacts, load-in/load-out details, and permits (if applicable) must be provided in advance. Additional labor or overtime caused by access delays may be billed.
• Rental items (vessels, arches, candles, stands, etc.) remain our property and must be returned in good condition. Replacement fees apply for loss or damage.

9. Cancellations and Refunds

Standard Retail Orders

• Contact us as soon as possible.
• If design or delivery has begun, cancellation may not be possible; however, partial refunds are at our discretion.

Event Orders

• Retainers are non-refundable.
• Cancellations after ordering products or within the timeframes specified in your proposal may be subject to additional fees, up to the full contract amount due to perishability and labor scheduling.

Perishable Goods

• Flowers and living products naturally vary in color, size, shape, and vase life. These variations are expected and are not considered defects.

10. Care and Freshness

• We condition and handle florals consistent with industry practices.
• After delivery or pickup, you are responsible for proper care (fresh water, appropriate temperature, and placement away from direct sunlight, heat, and drafts).
• Some flowers and materials may be allergenic or irritating. Exercise caution around children and pets. 

11. User Content and Reviews

If you submit reviews, photos, messages, or other content ("User Content"), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute such content in connection with our Services and marketing, subject to applicable law and our Privacy Policy.

You represent that you own or control the rights to your User Content and that it does not infringe the rights of others or violate any law.

12. Intellectual Property

We own or license all rights in the website, designs, text, graphics, logos, images, product photography, videos, software, and the selection and arrangement thereof. All trademarks and trade dress are the property of us or our licensors.

You may use the website for personal, non-commercial purposes only. You may not:

• Copy, modify, distribute, or display any part of the Services.
• Create derivative works.
• Reverse engineer or otherwise exploit any portion of the Services without our written permission.

13. Acceptable Use

You agree not to:

• Violate any law or these Terms.
• Interfere with or disrupt the Services or security features.
• Use bots, scrapers, or similar tools without permission.
• Upload malicious code or engage in fraudulent, harassing, or infringing conduct.

14. Third-Party Services and Links

The Services may link to third-party websites or integrate third-party tools (such as payment processors, scheduling platforms, or maps).

We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is governed by their own terms and policies.

15. SMS, Email, and Communications

By providing your contact information, you consent to receive service-related communications, including:

• Order updates
• Delivery notifications
• Event coordination messages

Message and data rates may apply.

16. Disclaimer of Warranties

To the fullest extent permitted by Florida law, the Services and all products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including warranties of:

• Merchantability
• Fitness for a particular purpose
• Title
• Non-infringement

Natural variations in flowers and other perishable goods are expected and are not guaranteed.

17. Limitation of Liability

To the fullest extent permitted by Florida law, we are not liable for any:

• Indirect damages
• Incidental damages
• Special damages
• Consequential damages
• Exemplary or punitive damages
• Lost profits
• Loss of data
• Business interruption

Our total liability for any claim arising out of the Services or products will not exceed the amount paid for the specific order or service.

18. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your User Content
• Your breach of these Terms
• Your violation of any law or third-party rights

19. Risk Allocation: Force Majeure

We are not responsible for delays or failures caused by events beyond our reasonable control, including:

• Severe weather
• Natural disasters
• Supply disruptions
• Labor issues
• Utility failures
• Transportation delays
• Venue access restrictions

For events, we will make commercially reasonable efforts to adjust designs or timing based on the circumstances.

20. Returns and Quality Concerns

If you have a concern about an order, please contact us within 24 hours of delivery with photos and order details.

Depending on the circumstances, we may offer:

• Repair
• Replacement
• Store credit
• Partial refund

Because flowers are perishable, timely notification and proper care are required for consideration.

21. Choice of Law and Venue

These Terms and any dispute arising out of or relating to the Services are governed by the laws of the State of Florida, without regard to its conflict of law rules.

You agree to the exclusive jurisdiction and venue of the state courts located in Dade, Broward, and Palm Beach County, Florida, or the appropriate U.S. District Court for disputes not subject to arbitration.

22. Children's Privacy

Our Services are not directed to children under 18 years of age. We do not knowingly collect personal information from children. If you believe a child has provided us with personal information, please contact us so we can delete it.

23. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and share your information. Please review it carefully.

Contact

Tru Bloom Floral Design Company Florida