Terms of service

OVERVIEW

Welcome to Bloomistry Studio! The terms “we,” “us,” and “our” refer to Bloomistry Studio, operated by Bloomistry LLC.

Bloomistry Studio operates this online store and website, including all related information, content, features, tools, products, and services provided to you in order to offer a curated floral shopping experience (the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced on our website, describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights, orders, payments, fresh flower substitutions, local delivery, pickup, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, creating an account, or placing an order, you agree to be bound by these Terms of Service, our Privacy Policy, our Return and Refund Policy, and any other policies posted on our website. If you do not agree with these Terms or policies, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state of residence or that you have provided consent for a minor dependent to use the Services on a device you own, purchase, or manage.

To browse our online store, create an account, place an order, or use certain features, you may be asked to provide information including your name, email address, billing information, payment details, delivery address, and recipient information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the right to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not sell, transfer, assign, or license your account to another person.

We reserve the right to suspend or terminate an account if we reasonably believe that the information provided is false, incomplete, fraudulent, or being used in violation of these Terms.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to accurately display and describe our products and floral services. However, fresh flowers are natural products, and each arrangement is individually designed. Natural variations in color, shape, size, openness, texture, and appearance are expected.

Product photographs are intended to represent the overall style, color palette, size, and value of an arrangement. They do not guarantee that the completed arrangement will be identical to the photograph.

Colors and product appearance may vary because of lighting, photography, screen settings, device configuration, and the natural characteristics of fresh flowers. Reasonable variations do not constitute a product defect.

Flower availability may change because of seasonality, market conditions, weather, supply limitations, and our quality standards. Bloomistry Studio reserves the right to substitute unavailable flowers, greenery, wrapping, ribbons, containers, vases, or decorative materials with items of equal or greater value.

Substitutions will be made thoughtfully to preserve the arrangement’s overall style, color palette, size, and value. When a significant substitution would materially change the overall design, we may attempt to contact the customer before proceeding.

All product descriptions, designs, prices, and availability are subject to change without notice. We may modify, discontinue, or limit the quantity of any product or service and may restrict sales to specific people, geographic areas, or jurisdictions on a case-by-case basis.

Fresh flowers are perishable and sensitive to temperature, moisture, sunlight, handling, and transportation. Their lifespan depends on the flower variety, freshness, environment, and care received after delivery or pickup.

SECTION 3 — ORDERS

When you submit an order, you are making an offer to purchase. Bloomistry Studio reserves the right to accept, decline, modify, or cancel an order when necessary.

An order is not accepted until payment has been successfully processed and Bloomistry Studio confirms the order. Receiving an automated order notification does not limit our right to decline or cancel an order because of availability, delivery restrictions, pricing errors, suspected fraud, safety concerns, or circumstances outside our reasonable control.

Customers are responsible for reviewing all order details before checkout, including the selected product, size, quantity, card message, requested date, pickup or delivery option, recipient’s name, delivery address, apartment or unit number, and contact information.

If we need to change or cancel an order, we will make a reasonable attempt to contact you using the email address or other contact information submitted with the order.

Orders may be canceled for a full refund when the cancellation request is received at least 48 hours before the scheduled delivery or pickup time.

Cancellations received less than 48 hours before the scheduled delivery or pickup are non-refundable because flowers and materials may already have been ordered, purchased, processed, or prepared.

All returns, refunds, replacements, credits, cancellations, and quality claims are subject to our Return and Refund Policy.

Wedding and event orders may be governed by separate proposals, invoices, contracts, payment schedules, and cancellation terms. If a separate signed wedding or event agreement conflicts with these Terms of Service, the signed agreement will control for that order.

You represent and warrant that purchases made through the website are for lawful personal, household, gift, wedding, or event use and not for unauthorized commercial resale.

SECTION 4 — PRICES AND BILLING

All prices are displayed in U.S. dollars and are subject to change without notice.

The price charged will be the price shown at the time the order is placed, subject to correction of errors. Unless expressly stated otherwise, displayed product prices do not include applicable sales tax, delivery charges, setup charges, service fees, or other charges that may apply.

Discounts and promotions may be subject to separate terms, expiration dates, product restrictions, minimum purchase requirements, and availability. Promotions cannot be combined unless expressly stated.

Prices offered through our website may differ from prices quoted for custom arrangements, weddings, events, corporate services, or orders placed through other channels.

You agree to provide current, complete, and accurate billing, payment, and account information. You represent that you are authorized to use the payment method submitted with your order and agree to pay all applicable product prices, taxes, delivery charges, and fees.

We reserve the right to correct pricing, product description, availability, discount, tax, or billing errors. If an error affects an order already submitted, we may contact you to confirm the corrected information or cancel the affected order and issue an appropriate refund.

If a duplicate payment or confirmed billing error occurs, we will investigate the issue and refund any verified overpayment to the original payment method.

SECTION 5 — LOCAL DELIVERY AND PICKUP

Bloomistry Studio provides local flower delivery within selected service areas in Connecticut. Delivery availability, pricing, and estimated timing may vary depending on the destination, order size, requested date, weather, traffic, venue access, and other circumstances.

Delivery and pickup dates and times are estimates and are not guaranteed unless expressly confirmed in writing. We will make reasonable efforts to complete each order within the requested or confirmed timeframe.

Customers are responsible for providing complete and accurate delivery information, including the recipient’s full name, address, apartment or unit number, building name, access instructions, and contact information.

Bloomistry Studio is not responsible for failed or delayed delivery caused by incorrect or incomplete information, an unavailable recipient, restricted building or venue access, unsafe conditions, severe weather, traffic, road closures, or other circumstances outside our reasonable control.

If the recipient is unavailable, we may leave the arrangement in a reasonably safe location, with a receptionist, concierge, front desk, neighbor, family member, coworker, or another authorized person when appropriate.

We may contact the customer or recipient for instructions. However, we are not required to wait indefinitely at the delivery location.

If delivery cannot be completed, the arrangement may be returned to Bloomistry Studio. Redelivery is subject to availability and may require an additional delivery fee. Delivery fees are non-refundable after a delivery attempt has been made.

Once an arrangement has been delivered to the address provided by the customer or accepted by the recipient or another person at that location, responsibility for the flowers and their care transfers to the recipient.

Pickup orders must be collected on the agreed date and within the confirmed pickup timeframe. Bloomistry Studio is not responsible for reduced flower quality caused by late pickup, improper transportation by the customer, exposure to extreme temperatures, leaving flowers inside a vehicle, or failure to follow flower care instructions after pickup.

The customer is responsible for safely transporting pickup orders. Large bouquets, vases, flower boxes, and event arrangements must remain upright and properly supported during transportation.

SECTION 6 — INTELLECTUAL PROPERTY

All content available through our Services, including the Bloomistry Studio name, branding, trademarks, product names, text, floral photographs, videos, graphics, designs, logos, product descriptions, reviews, website layout, and other materials, is owned by or licensed to Bloomistry Studio, Bloomistry LLC, Shopify, or their respective licensors.

This content is protected by applicable United States and international copyright, trademark, and other intellectual property laws.

You may access and use the Services for personal, non-commercial purposes only. You may not reproduce, copy, modify, distribute, republish, display, sell, license, create derivative works from, or commercially exploit any portion of the Services without prior written permission.

Bloomistry Studio’s photographs and floral designs may not be used to advertise another florist, business, product, or service without written permission.

Nothing in these Terms grants you any license or ownership interest in the intellectual property of Bloomistry Studio, Bloomistry LLC, Shopify, or any third party. All rights not expressly granted are reserved.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools or services offered by third parties that we do not control or monitor.

Such tools are provided “as is” and “as available,” without warranties, representations, endorsements, or conditions of any kind. We are not responsible for losses or damages resulting from your use of optional third-party tools.

Your use of third-party tools is at your own discretion and may be subject to additional terms and privacy policies provided by the applicable third party.

New features, tools, and services added to our website in the future will also be considered part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to, content from, or integrations with third-party websites and services.

We do not control, endorse, or guarantee the accuracy, security, availability, policies, products, or services of third parties.

If you access a third-party website or service, you do so at your own risk. You should carefully review the applicable third party’s terms, privacy policy, and business practices before completing a transaction.

Questions or complaints relating specifically to a third party’s products or services should be directed to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Bloomistry Studio is powered by Shopify, which enables us to provide the Services to you. However, all floral sales and purchases made through our store are transactions directly between you and Bloomistry Studio.

Shopify is not responsible for the preparation, quality, substitution, delivery, pickup, or care of products purchased from Bloomistry Studio.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of a sale between you and Bloomistry Studio, including any injury, damage, loss, refund request, delivery issue, or dispute arising from a purchased product or service.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims and liabilities arising directly from your transactions with Bloomistry Studio.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is governed by our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to operate, maintain, protect, and improve the e-commerce platform.

Information submitted through our website may be shared with Shopify, payment processors, delivery tools, email providers, analytics providers, and other service providers when necessary to operate the store, process payments, prevent fraud, communicate with customers, and complete orders.

Some service providers may process information outside the state or country where you reside. Please review our Privacy Policy for more information about how personal information is collected, used, shared, and protected.

SECTION 11 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit, upload, post, email, or otherwise provide reviews, photographs, videos, ideas, comments, suggestions, feedback, proposals, or other content (“Feedback”), you confirm that you own the content or have permission to submit it.

You grant Bloomistry Studio a non-exclusive, worldwide, royalty-free license to use, reproduce, edit, publish, distribute, and display the Feedback for business, website, social media, advertising, and promotional purposes, unless otherwise agreed in writing.

You represent that your Feedback is accurate, lawful, and does not violate any copyright, trademark, privacy, publicity, or other rights belonging to another person.

You must disclose any compensation, free product, discount, or other incentive received in connection with a review when required by law.

We are not required to keep Feedback confidential, pay compensation for it, or respond to it.

We may monitor, edit, reject, or remove content that we reasonably determine is unlawful, fraudulent, misleading, defamatory, abusive, obscene, offensive, or infringes another person’s rights.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Our website may occasionally contain typographical errors, inaccuracies, or omissions involving product descriptions, flower varieties, availability, prices, promotions, discounts, delivery charges, delivery areas, requested dates, or other information.

We reserve the right to correct errors, update information, change or discontinue products, and cancel affected orders when necessary, including after an order has been submitted.

If a material error affects an accepted order, we will make a reasonable attempt to contact you and, when appropriate, offer a correction, alternative, or refund.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services:

(a) for an unlawful, fraudulent, or malicious purpose;

(b) to violate any applicable federal, state, local, or international law;

(c) to infringe our intellectual property rights or the rights of another person;

(d) to harass, abuse, threaten, defame, intimidate, or harm another person;

(e) to submit false, fraudulent, abusive, or misleading information;

(f) to transmit viruses, malicious code, or other harmful materials;

(g) to send spam, phishing messages, or unauthorized promotional material;

(h) to collect or track another person’s personal information without authorization;

(i) to impersonate another person or business;

(j) to reproduce, resell, scrape, or commercially exploit any portion of the Services;

(k) to interfere with, bypass, or circumvent security, authorization, or access-control features; or

(l) to engage in conduct that may harm Bloomistry Studio, Shopify, our customers, or the operation of the Services.

We reserve the right to suspend or terminate access to the Services if we reasonably believe that these Terms have been violated.

SECTION 14 — AGENTS AND AUTOMATED ACCESS

This section applies when a person uses or permits software, an automated service, an artificial intelligence system, or another agent to access or interact with the Services.

Automated systems may not access, use, or interact with the Services in a deceptive manner, conceal their automated nature, circumvent security measures, bypass CAPTCHAs, imitate human activity for the purpose of avoiding restrictions, or interfere with the website’s operation.

We may use technical measures to limit or prohibit automated access, scraping, data extraction, or other automated activity.

Any automated system accessing the Services must comply with these Terms, applicable law, and any technical instructions or access restrictions we provide.

SECTION 15 — TERMINATION

We may suspend or terminate your account or access to the Services, in whole or in part, if we reasonably believe you have violated these Terms, engaged in fraudulent or unlawful conduct, threatened the security of the Services, or harmed Bloomistry Studio, Shopify, or another user.

You remain responsible for all charges and obligations incurred before termination.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, payments, feedback, disclaimers, limitation of liability, indemnification, governing law, and dispute-related obligations.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general information and shopping purposes. While we make reasonable efforts to provide accurate information, we do not guarantee that all website content will always be complete, current, or error-free.

Except as expressly stated by Bloomistry Studio or required by law, the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or free from technical errors.

Fresh flowers are natural and perishable. We do not guarantee a specific lifespan because flower longevity depends on flower variety, environment, temperature, transportation, water quality, and recipient care.

Nothing in these Terms excludes or limits a warranty, consumer right, or remedy that cannot legally be excluded or limited.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Bloomistry Studio, Bloomistry LLC, our owners, employees, contractors, service providers, licensors, Shopify, and Shopify’s affiliates will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from your access to or use of the Services or products purchased through the Services.

This limitation includes, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, loss of opportunity, or other similar damages, whether based in contract, negligence, strict liability, or another legal theory.

Bloomistry Studio is not responsible for damage to flowers occurring after successful delivery or pickup because of improper handling, inadequate water, failure to follow care instructions, extreme temperatures, direct sunlight, heating or cooling systems, transportation by the customer, pets, children, or other conditions outside our reasonable control.

Some jurisdictions do not allow certain limitations or exclusions of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Bloomistry Studio, Bloomistry LLC, Shopify, and our respective owners, partners, employees, agents, contractors, licensors, and service providers from third-party claims, damages, losses, liabilities, and reasonable legal expenses arising from:

(a) your breach of these Terms or policies incorporated into these Terms;

(b) your unlawful or unauthorized use of the Services;

(c) your violation of applicable law; or

(d) your violation of another person’s rights.

We will provide reasonable notice of an indemnifiable claim. You agree to cooperate in the defense of such a claim.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The unenforceable portion will be considered severed from these Terms, and the validity and enforceability of the remaining provisions will not be affected.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, Return and Refund Policy, and other policies or operating rules posted on our website, constitute the entire agreement governing your use of the Services.

These Terms supersede prior or contemporaneous communications, proposals, and understandings relating to the Services, whether oral or written.

SECTION 21 — ASSIGNMENT

You may not assign, transfer, delegate, or license these Terms or your rights and obligations under them without our prior written consent.

We may assign or transfer these Terms and our rights or obligations to an affiliate, successor, purchaser, or service provider when permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which Bloomistry Studio provides products or services are governed by and construed in accordance with the laws of the State of Connecticut and applicable federal laws of the United States, without regard to conflict-of-law principles.

To the extent permitted by applicable law, legal proceedings arising from these Terms or the Services will be brought in an appropriate state or federal court located in Connecticut.

Nothing in this section limits any consumer right or remedy that cannot legally be waived.

SECTION 23 — HEADINGS

The headings used in these Terms are included for convenience and organization only.

Headings do not limit, modify, or otherwise affect the meaning or interpretation of any provision.

SECTION 24 — CHANGES TO THESE TERMS

You may review the current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any portion of these Terms by posting an updated version on our website.

When required by applicable law, we will provide notice of material changes. Changes become effective on the date stated in the notice or, if no date is stated, when the updated Terms are posted.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Bloomistry Studio
Operated by Bloomistry LLC
Email: bloomistry.flowers@gmail.com