Terms & Conditions

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THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT, AGREE TO BE, AND ARE BOUND BY THESE TERMS AND CONDITIONS. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BLOOMBRIDGE UNDER YOUR STATE’S LAWS, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THIS WEBSITE, ANY OF ITS CONTENTS, OR ANY GOODS OR SERVICES SOLD THROUGH THIS WEBSITE. 

  1. Applicability of Terms and Conditions.   These Terms and Conditions for Online Sales of Goods and Services (the “Terms“) are a contract between BloomBridge, LLC (referred to as “Company,” “us,” “we,” or “our“) and apply to the purchase and sale of products and services through the bloom-bridge.com website (the “Site“). These Terms are subject to change at any time in our sole discretion without prior notice to you. 

You should also carefully review our Privacy Policy (/privacy-policy/) before placing an order for products or services through this Site. Our Privacy Policy governs our collection, use, and disclosure of any personal information you may disclose to us in connection with your use of our Site and any purchase of products or services through this Site.

  1. Receipt of Delivery.  Each Delivery will be evidenced by a digital photograph transmitted to you showing the arrangement you purchased having been placed on the gravesite you specified.  For purposes of these Terms, “receipt” of a Delivery by you occurs at the time the photo evidencing the Delivery is transmitted to the email address or text number you provided to the Company for such purpose. Photographs will be provided to you in digital format only for the sole purpose of evidencing your receipt of each Delivery, and such photographs will be sufficient only for that purpose.  No representation or warranty of any kind is made with respect to the quality of such digital photographs except as expressly provided in the preceding sentence. You are granted hereunder a non-exclusive, fully paid up, non-transferable, limited license that permits you to use, copy, transmit, or publish your digital Delivery photographs for your personal, non-commercial use only. The Company shall retain in our sole name all rights, title, and interests in and to such Delivery photographs other than those granted to you under the limited license herein.

If we need to reschedule any Delivery purchased by you, whether relating to a single order purchase or as part of a subscription, which we may do for any reason or no reason in our sole discretion, we will give you as much advance notice as possible under the circumstances.  

ONCE A DELIVERY HAS BEEN RECEIVED, NO REFUNDS FOR THAT DELIVERY WILL BE GIVEN, whether the Delivery was a single-purchase order or part of a subscription.    

Refunds are typically processed within five (5) to seven (7) business days of any cancellation. While most refunds will be made by issuing a credit to the credit card you used to pay for your purchase, subscription, or renewal, we reserve the right to make refunds in whatever manner and using whatever method we find expedient, in our sole discretion.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

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.

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. 

  1. 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. 

  1. 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. 

  1. What Does This Warranty Not Cover? 

This limited warranty does not cover any damages due to: 

  1. 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. 

  1. 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.

  1. 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 protected], or use the warranty service request function on the Site.

  1. 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. 

  1. What Can You Do in Case of a Dispute with Us?
  1. Intellectual Property Use and Ownership. 

You acknowledge and agree that:

You will not resell, reverse engineer, copy, modify, create derivatives or improvements of, display, or transfer all or any part of the Site or the products or services provided on or through the Site.  

To the extent permitted under applicable law, Bloombridge, LLC, and its licensors are and will remain the sole and exclusive owners of all intellectual property and other rights in and to each product or service made available on this Site and any related specifications, instructions, documentation, or other materials, including all related copyrights, patent rights, trademarks, and other intellectual property rights.  You are not licensed under any such intellectual property rights to use, copy, modify, display, create derivatives or improvements of, or transfer any of the products or services you may purchase on or through the Site, except as provided under these Terms, the Terms of Use, or any doctrine of exhaustion of general applicability that may apply to the products or services.  You do not and will not have or acquire any ownership of the intellectual property rights in or to or relating to the products and services made available on or through this Site. You will not cause, induce, or permit others’ noncompliance with any terms and conditions pertaining to the products or services made available on or through the Site, including, without limitation, the terms and conditions set forth in these Terms.

  1. YOU AND BLOOMBRIDGE, LLC, ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

ANY CLAIM, LOSS, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, OR ANY SUBSCRIPTION THERETO, THROUGH THE SITE THAT HAS NOT BEEN RESOLVED BY NEGOTIATION BETWEEN US WITHIN 30 DAYS OF NOTICE OF THE DISPUTE FROM THE COMPLAINING PARTY TO THE NON-COMPLAINING PARTY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN HINDS COUNTY, MISSISSIPPI.

The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, or any other term or condition set forth in these Terms, is void, voidable, or otherwise invalid.  The arbitrator(s) will be empowered to grant whatever relief would be available in a court of law or in equity.  Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail, as determined by the arbitrator, on any claim that affords the prevailing party attorneys’ fees and costs, the arbitrator may award reasonable fees and costs to you under the standards for fee shifting provided by applicable law.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.