- LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.BLOOM-BRIDGE.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH EACH ORDER ACCEPTED BY US.
WE WARRANT THAT, UPON DELIVERY, THE FLORAL ARRANGEMENT(S) YOU PURCHASE FROM THE SITE WILL NOT MATERIALLY DIFFER IN MATERIALS OR WORKMANSHIP FROM THE PHOTO REPRESENTATION OF THE SELECTED ARRANGEMENT(S) POSTED ON THE SITE AT THE TIME OF YOUR ORDER. FADING OF MATERIALS AND ANY DAMAGE CAUSED BY WEATHER EVENTS (SUCH AS RAIN, SLEET, SNOW, HAIL, WIND, ETC.) AFTER DELIVERY ARE NOT CONSIDERED DEFECTS IN MATERIALS OR WORKMANSHIP.
WE FURTHER WARRANT THAT GRAVESITE DELIVERY SERVICES PURCHASED THROUGH THE SITE WILL BE PERFORMED AT THE GRAVESITE YOU SPECIFY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED BY THESE TERMS TO THE DURATION OF THIS LIMITED WARRANTY, AND YOU AGREE THAT YOUR ACCEPTANCE OF THESE TERMS CONSTITUTES YOUR EXPRESS ACKNOWLEDGMENT AND AGREEMENT TO THIS LIMITATION OF IMPLIED WARRANTIES; PROVIDED, HOWEVER, THAT SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU NOTWITHSTANDING YOUR AGREEMENT TO THE LIMITATION.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS SECTION 6. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE, OR REFUND AS SET FORTH IN THIS SECTION 6. NEITHER PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR CONTRACTORS, AGENTS, OR EMPLOYEES, WILL CREATE A WARRANTY SEPARATE FROM THE LIMITED WARRANTY DESCRIBED IN THIS SECTION 6 OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
a. Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products, services, or subscriptions from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service or subscription.
b. What Does the Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and defects in performance of services purchased from the Site.
c. What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- normal wear and tear;
- modification of floral arrangements or other products or combination of the same with any other products, materials, services, etc.;
- failure to perform delivery services on your specified delivery date(s), even if such acceleration or delay in delivery is discretionary on the part of our delivery personnel;
- delivery to the wrong gravesite if the delivery is made to the gravesite specified in your order and accepted by us; or
- external causes of damage to floral arrangements or delay or defects in delivery services caused by accidents, theft, malicious mischief, closures, or other actions or events beyond our reasonable control.
d. What is the Period of Coverage?
This limited warranty for floral arrangements applies at the time the arrangement is delivered until such time as the Delivery photograph confirms that the condition of the delivered arrangement meets or exceeds the warranted condition. The limited warranty for services applies separately to each instance of the services and applies at the time the delivery is made and confirmed by the Delivery photograph. If we replace a defective floral arrangement or re-perform a non-conforming delivery service, the limited warranties provided herein shall apply to the replacement arrangement or re-performed service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
e. What are Your Remedies Under This Warranty?
With respect to any floral arrangements found to be defective upon delivery, as evidenced by the Delivery photograph, you may choose either: (i) to have us replace the defective arrangement free of charge or (ii) refund the cost of the arrangement (calculated as the remainder after subtracting our delivery fee from the purchase price applicable to that Delivery). If you elect a replacement, we will also pay for shipping and delivery fees to return the replacement arrangement to your specified gravesite. If a Delivery is made to a gravesite other than the one you specified, we will, at our sole cost and expense, make delivery of your floral arrangement (or a replacement thereof) to your specified gravesite. ALL WARRANTIES HEREIN EXPIRE AT THE TIME A DELIVERY PHOTOGRAPH CONFIRMS THE CONDITION OF THE “AS DELIVERED” FLORAL ARRANGEMENT IS AS WARRANTED AND THAT THE ARRANGEMENT HAS BEEN DELIVERED TO THE GRAVESITE YOU SPECIFIED.
f. How Do You Obtain Warranty Service?
To obtain warranty service, you must call 1-833-BLOOM88 (1-833-256-6688), email our Customer Service Department at email@example.com, or use the warranty service request function on the Site.
g. Limitation of Liability.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY TO YOU EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY COSTS OF REPLACEMENT GOODS OR SERVICES OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
h. What Can You Do in Case of a Dispute with Us?
If you believe that we have not performed our obligations under this limited warranty or these Terms, you may contact us at firstname.lastname@example.org to inform us of the dispute and work with us to informally negotiate a resolution. If the informal dispute resolution negotiations between you and us are not concluded satisfactorily, the formal dispute resolution procedure detailed in Section 11 is available to you.