Effective Aug 16, 2024  

Introduction

When you use the website at www.cultofbloom.com (the “Website”), or place an order with us, you agree to these Terms of Use and Sale (the “Agreement”). This Agreement applies to all orders, whether placed via the Website or otherwise. 

The Website and all services and products are provided by Cult of Bloom LLC, a Texas limited liability company located at 5900 Balcones Drive, Suite 100, Austin, Texas 78731 (“Cult of Bloom,” “we,” “our,” or “us”). The Website is available for informational purposes only, for persons over the age of 18 to view and order flowers for delivery within the Austin, Texas area (“Customers” or “you”). You may not use the Website for any other purpose. 

Terms and Conditions of Sale 

Images on the Website are illustrative of our products’ overall appearance, but each floral arrangement is unique and will vary based on availability, style, aesthetics, and other factors. The final composition and appearance of each floral arrangement is chosen by our florist in their sole artistic discretion. Products, styles, and offers may vary and are subject to availability. Prices and charges displayed on our website are subject to change without notice. Promotional offers are limited to one per Customer, are non-transferable, are not for resale and may not be redeemed for cash. We reserve the right at any time to reject any order request, or to modify or cancel any order in whole or in part for any reason. Refunds will be issued in accordance with our Refund Policy. 

You acknowledge that each floral arrangement is unique and perishable, and once created for you cannot be returned, repackaged, or resold. Therefore, except for cancellations in accordance with our Cancellation Policy, or the case of damaged products as expressly stated in our Refund Policy, all sales are final and nonrefundable. 

Payment 

When you place an order on the Website, you agree to pay the price displayed on the Website at the time of your order, as well as sales tax and applicable delivery charges. By providing your credit or debit card, or other payment method information, you authorize us to charge or debit that payment method for products purchased, and you agree that your information may be shared with our vendors as part of processing your payment. We shall not be liable for such third-party use or disclosure. Receipts may be provided to you via electronic mail. 

Delivery

Cult of Bloom will attempt to make delivery at the address you provide, in accordance with our Studio Delivery Policies. You represent and warrant that the delivery address you provide is accurate and easily accessible by our delivery specialists. We cannot guarantee specific delivery times. 

Cult of Bloom Elope

You agree to promptly respond to communications and answer questions. 

Placing and changing orders. To request an Elope order, purchase an Elope product on the Website. An Elope order is only deemed accepted once confirmed in writing by us. Cult of Bloom reserves the right to decline and refund any order for any or no reason. Although we will attempt to meet your requested Palette, each floral design is unique and subject to flower availability, and final decisions are left to the discretion of our floral artists. Any changes must be agreed in writing (such as email). Clients can cancel their order for a full refund thirty days prior to their event date. Cancellations closer than thirty days are accepted, but no refunds can be provided. Rescheduling is considered canceling. 

Delivery and Pickup for Elope orders. An Elope order is for delivery of floral arrangements to the address you provide. If your designated recipient is not available, we may deliver them to another person or leave them at the address, in our sole discretion. If you purchase the Placement Service option, Cult of Bloom will place floral items at the venue, including placing pocket boutonnieres. Placement Service includes initial placement only. 

If you purchase the Pickup Service option, you agree that you or your representative will be at the designated location at the designated time. You agree that Cult of Bloom is not responsible for no-shows or late arrivals. Cult of Bloom reserves the right to leave the floral items at the designated location. Rescheduling a Pickup Service will incur an additional fee and risks further transportation-related wear and tear on your floral items. 

Restrictions

You may not use the Website or our services or products to violate any law, impersonate anyone, or to stalk, harass, or harm anyone. You agree that we may in our sole discretion disclose information, including Customer records and content you provide such as electronic communications, to comply with the law, in response to valid legal process, or to establish or exercise our legal rights or defend against legal claims, for safety purposes, or otherwise as we deem necessary to operate our business. 

You may not attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reproduce the Website or any content. You agree to use the Website in compliance with all applicable laws, rules and regulations and in a manner that is not detrimental to us. 

Feedback

If you provide any creative ideas, suggestions, reviews, content, artwork, or other material (“Feedback”) to us, then you hereby grant us a worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, adapt, translate, sublicense, distribute, create derivative works from, and commercialize such Feedback. 

Intellectual Property

Our Website and all content we publish is copyright Cult of Bloom, LLC.  All third-party trademarks, product names, and company names and logos appearing on the Service are the property of their respective owners. If you believe that material on the Website infringes your valid copyright, you may send a valid DMCA notice to Cult of Bloom at the address above. 

Disclaimer of Warranties 

The Website may change or become unavailable in whole or in part at any time without notice. We cannot guarantee that the Website will always be available, error-free, safe, or secure. Use of the Website is at your own risk; we disclaim any responsibility for any harm resulting from accessing any information or material from the Website. Under no circumstances shall Cult of Bloom be liable to you or any third party on account of your use or misuse of or reliance on the Website. 

TO THE EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED IN OUR REFUND POLICY, ALL ARRANGEMENTS, PRODUCTS, CONTENT, FEATURES, AND SERVICES, WHETHER PROVIDED THROUGH THE WEBSITE OR OTHERWISE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. 

TO THE EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED IN OUR REFUND POLICY, CULT OF BLOOM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND TITLE. 

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL CULT OF BLOOM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, OR DATA, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. 

TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF CULT OF BLOOM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (1) FIFTY DOLLARS ($50.00) OR (2) THE PRICE YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. 

Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold harmless Cult of Bloom and its members, managers, employees, and agents, from and against any and all liability, claims, costs and expenses (including attorney’s fees and expenses) arising, related to, or resulting from (i) your use of the Website, or (ii) your violation of this Agreement, any rights of a third party, or any applicable law, rule or regulation. 

Force Majeure

Under no circumstances shall Cult of Bloom be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond our control, such as natural disaster, criminal or violent acts by a third party, epidemics, government actions, inability to procure goods, technological disruption, loss of data, or non performance by third parties. 

Governing Law, Waiver of Class Action and Jury Trial

Cult of Bloom only does business in and around Austin, Texas, United States. This Agreement, and all claims related to or arising from this Agreement, the Website, or the creation, production, manufacture, promotion, delivery, or sale of any products (“Claims”), shall be governed solely by the law of the State of Texas, without reference to its conflict of laws principles. 

The parties agree that any Claim shall be subjected to the exclusive jurisdiction of the state or federal courts located in Travis County, Texas. Claims must be brought within one (1) year of purchase or shall be waived. To the extent permitted by law, the parties agree that any Claim will proceed on an individual basis only and not as a class or collective action, and the parties waive their right to a jury trial on any Claim. 

Miscellaneous 

This Agreement makes up the entire agreement between you and Cult of Bloom, and supersedes and replaces all prior or contemporaneous representations, understandings, and agreements, written or oral. We may change this Agreement by notifying you by any reasonable means, including by posting a revised Agreement through the Website. Your access to or use of the Website, or placing any orders, following any changes to this Agreement will constitute your acceptance of such changes. 

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be unenforceable, it shall be reformed to the extent necessary in order for this Agreement to remain in effect. 

You may not assign or delegate any of your rights or obligations hereunder without our prior written consent, and any such attempt is void. We may freely assign, subcontract, or delegate our rights and obligations hereunder without notice to you. 

Legal notices to Cult of Bloom must be sent via certified first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address you provide, and is deemed received when sent. Cult of Bloom also provides notices through our Website that may pertain to your online experience, and such notices are deemed given when displayed.