Note, this contract includes a limitation of liability and limitation of remedies
You are contracting with BloomBloom, to produce a unique hand-crafted product involving the use of vegetative medium which means that not only will each product be unique, but it will be different from your original fresh floral bouquet. You acknowledge as follows:
- 1. That flowers go through changes in the drying, pressing and preservation process, and that those changes will include color changes and that the preservation process may cause or enhance bruises and/or translucent spots on flowers and some amount of bubbles. This also includes but is not limited to flowers shifting in the resin by some amount.
- 2. That if you send flowers that you have dried in advance, BloomBloom is not responsible for mold, rot, or hairs that may be visible and/or emerge from the flowers during the preservation process.
- 3. That we cannot successfully preserve any pre-dried flowers that still contain any moisture. We cannot press pre-dried flowers.
- 4. Flowers that have been placed in a refrigerator or freezer before they are sent to BloomBloom will inevitably contain rot and mold and will not produce a satisfactory product.
- 5. That BloomBloom reserves the right to refuse to preserve flowers that arrive damaged and/or wilted, where in the opinion of BloomBloom’s designer preservation attempts will not be successful. In such an instance, BloomBloom will not be responsible to return the damaged and/or wilted flowers, although for an additional cost BloomBloom may agree to shop for appropriate replacement flowers to most closely approximate your original arrangement.
- 6. That BloomBloom is not responsible for lost or damaged products due to the shipper, or for products lost or damaged in transit. BloomBloom is not held liable or responsible for any changes made with the address confirmed at checkout.
- 7. That resin can yellow or amber over time. That even in the best of conditions, this process is a natural process for which BloomBloom assumes no liability. Flowers pressed behind glass will change colors/brown over time and BloomBloom is not responsible for these natural changes that the flowers will undergo.
- 8. That turnaround time of your custom order can be up to 2-4 months due to a time consuming, hands-on process and a backlog of orders. However, this is just an estimate. If any custom order goes beyond 6 months for circumstances within our control, the client may request a refund of 50% in addition to their finished product.
- 9. I understand that BloomBloom has the rights to photograph all and any products that are made through BloomBloom to be used on social platforms as well as in advertisements without any limitation from clients.
- 10. I understand that color correction is an artistic service we offer to the client to color match as close as possible to the original flowers while also reducing the amount of transparent spots and color changes. However, it will never be the exact same color as the original bouquet.
- 11. Blossom and Rhyme has the right to cancel an order at any time under their sole discretion and seeing that the client business relationship will not be an adequate fit for any sort of satisfactory result.
- 12. BloomBloom is not held responsible or liable for any injuries sustained in relation to the product.
- 13. Hot items should not ever be directly set on any resin piece including trays and tables. Tables are for display only.
- 14. Disclaimer of Warranties: BloomBloom SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND ALL IMPLIED WARRANTIES (EITHER IN FACT OR BY OPERATION OF THE LAW) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, CUSTOMER USAGE OR TRADE.
- 15. Limitation of Liability: IN NO EVENT SHALL BloomBloom, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE RESPONSIBLE FOR INDIRECT, SPECIAL, NOMINAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, OR FOR ANY PENALTIES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF IT HAD BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE; OR CLAIMS BY A THIRD PARTY. BloomBloom=S MAXIMUM LIABILITY FOR ANY CLAIM UNDER THIS CONTRACT SHALL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER, OR THE ACTUAL PROOF OF DAMAGES, WHICHEVER IS LESS. IT IS EXPRESSLY AGREED THAT YOUR REMEDY EXPRESSED HEREIN IS YOUR EXCLUSIVE REMEDY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
- 16. Should BloomBloom incur legal expense in connection with any effort to collect monies due hereunder or to defend itself relative to any claims made hereunder, BloomBloom shall be entitled, to the fullest extent under the law, to reasonable legal fees and costs associated therewith.
- 17. Any claim you make for any type of damage under this contract shall be made in writing to BloomBloom within thirty (30) days of delivery of the product you have purchased. Any failure to make a timely written claim shall be deemed a waiver by you.
- 18. If any provision of this contract is found to be ineffective or unenforceable for any reason, such provision shall be fully severable, and this contract shall be construed and enforced as if such provision never comprised a part of this contract. The remaining provisions of this contract shall remain in full force and effect and shall not be affected by any ineffective or unenforceable provision or by the severance from this contract.