TERMS OF SERVICE
 

Effective Date: July 26, 2026
Last Updated: July 26, 2026

Welcome to Blüme Floral. These Terms of Service ("Terms," "Terms of Service," or "Agreement") govern your access to and use of the website located at blumefloral.co (the "Website"), as well as your purchase and use of products and services offered through the Website.
 

The Website and related products and services are operated by Blüme Floral, a division of Botany Bros ("Blüme Floral," "Blüme," "Botany Bros," "we," "us," or "our").
 

By accessing or using the Website, creating an account, placing an order, subscribing to a service, or otherwise purchasing or using our products or services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you should not access or use the Website or purchase our products or services.
 

1. ABOUT BLÜME FLORAL
 

Blüme Floral is a locally operated floral and botanical business offering flowers, floral arrangements, plants, plant starts, seasonal products, and related goods and services.

Our offerings may include:

• Fresh flowers and floral arrangements;

• Seasonal flowers;

• Cut flowers;

• Potted plants;

• Plant starts and seedlings;

• Garden products;

• Pre-order products;

• Seasonal collections;

• Local pickup;

• Local delivery;

• Flower subscriptions;

• Gift products; and

• Other products or services that we may offer from time to time.

Because many of our products are living, seasonal, or perishable, product availability, appearance, size, color, variety, and condition may vary.

We reserve the right to add, modify, discontinue, or restrict products and services at any time.

2. ACCEPTANCE OF THESE TERMS

By using the Website or purchasing from Blüme Floral, you represent that:

1. You are legally capable of entering into a binding agreement;

2. You are at least 18 years old, or are using the Website with the involvement and consent of a parent or legal guardian;

3. The information you provide to us is accurate and complete;

4. You will use the Website in accordance with these Terms and applicable law; and

5. You have authority to use any payment method submitted in connection with an order.

If you are accessing or using the Website on behalf of another person or organization, you represent that you have authority to bind that person or organization to these Terms.

3. CHANGES TO THESE TERMS

We may update or modify these Terms from time to time.

When we make changes, we may update the "Last Updated" date shown at the beginning of these Terms. Changes will become effective when posted on the Website unless otherwise stated.

Your continued use of the Website after updated Terms are posted constitutes your acceptance of the revised Terms.

You are responsible for periodically reviewing these Terms.

4. WEBSITE ACCESS AND USE

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Website for lawful personal and shopping-related purposes.

You agree not to:

• Use the Website for unlawful purposes;

• Violate any applicable federal, state, or local law;

• Attempt to gain unauthorized access to the Website or related systems;

• Interfere with the operation or security of the Website;

• Introduce malicious software, viruses, or harmful code;

• Scrape, crawl, copy, or systematically collect Website content without our written permission;

• Use automated systems to place fraudulent or abusive orders;

• Impersonate another person or entity;

• Submit false, misleading, or fraudulent information;

• Use another person's account without authorization;

• Attempt to circumvent security measures;

• Reverse engineer or attempt to extract source code from the Website;

• Reproduce or commercially exploit Website content without permission; or

• Engage in any activity that could damage, overburden, or impair the Website.

We reserve the right to suspend or terminate access to the Website if we reasonably believe that you have violated these Terms or applicable law.

5. PRODUCTS AND PRODUCT AVAILABILITY

We make reasonable efforts to accurately describe and display our products.

However, you acknowledge that:

• Flowers and plants are natural products and may vary in color, size, shape, maturity, and appearance;

• Product photographs are for illustrative purposes and may not exactly represent the product you receive;

• Seasonal availability may affect product selection;

• Specific flower varieties or colors may not always be available;

• Substitutions may occasionally be necessary;

• Inventory may change rapidly;

• Product availability is not guaranteed until your order is accepted and confirmed; and

• Certain products may be available only during limited seasonal periods.

We reserve the right to limit quantities, refuse orders, or discontinue products at any time.

6. ORDERS AND ORDER ACCEPTANCE

When you place an order through the Website, you are submitting a request to purchase the selected products or services.

Your order is not necessarily accepted merely because you have submitted it or received an automated order confirmation.

We reserve the right to:

• Accept or decline any order;

• Cancel an order;

• Limit quantities;

• Correct pricing or product errors;

• Correct inventory errors;

• Refuse service;

• Require additional information before fulfilling an order; or

• Substitute products when permitted under these Terms.

If we cancel an order after payment has been processed, we will issue a refund for the amount charged for the canceled product or order, subject to applicable law.

7. PRICING AND TAXES

Prices displayed on the Website are subject to change without notice.

Unless otherwise stated, applicable sales tax and other government-imposed charges may be added to your order at checkout.

We make reasonable efforts to ensure that prices displayed on the Website are accurate. If we discover a pricing error, we may contact you to confirm whether you wish to proceed with the order at the corrected price. If you do not wish to proceed, we may cancel the affected order and issue an applicable refund.

8. PAYMENT

Payment must be made using an accepted payment method presented during checkout.

By submitting payment information, you represent that:

• You are authorized to use the payment method;

• The payment information is accurate and complete; and

• You authorize us or our payment processor to charge the applicable amount.

Payments may be processed by third-party payment service providers. Your use of third-party payment services may be subject to those providers' separate terms and privacy policies.

We do not knowingly retain complete payment card information when such information is processed by a third-party payment processor.

9. LOCAL PICKUP

If you select local pickup, your order will be available for pickup at the designated pickup location and during the pickup window provided at the time of purchase.

You are responsible for:

• Picking up your order during the designated pickup period;

• Providing accurate contact information;

• Ensuring that someone authorized to receive the order is available when required; and

• Promptly transporting and caring for flowers and plants after pickup.

Because flowers and plants may be perishable or sensitive to temperature, we are not responsible for deterioration, wilting, damage, or loss that occurs after an order has been picked up.

If an order is not collected within the applicable pickup window, we may contact you to arrange an alternative pickup time.

Additional fees may apply where reasonable and permitted by law.

10. LOCAL DELIVERY

We may offer local delivery to eligible addresses within our designated delivery area.

Unless otherwise stated at checkout:

• Delivery availability is based on geographic service areas established by Blüme Floral;

• Delivery fees may vary based on distance or service area;

• Delivery times may be estimates rather than guaranteed appointment times;

• We may require a valid delivery address and contact information;

• You are responsible for ensuring that the delivery address is accurate and accessible;

• We may contact you if we encounter difficulty completing delivery.

We are not responsible for delivery delays caused by circumstances beyond our reasonable control, including severe weather, road closures, traffic, emergencies, incorrect addresses, inaccessible locations, or the recipient's unavailability.

For perishable products, we strongly recommend that the recipient or another authorized person be available to receive the delivery.

Once a delivery has been completed at the designated address or otherwise accepted by the recipient or an authorized person, responsibility for the care of the product transfers to the recipient, subject to applicable law.

11. FLOWER AND PLANT CARE

Flowers and plants are living or perishable products that require appropriate care.

Blüme Floral may provide general care instructions, but we cannot guarantee the longevity, growth, blooming, or survival of any plant or floral product.

The lifespan and condition of flowers and plants may be affected by factors including:

• Temperature;

• Sunlight;

• Watering;

• Humidity;

• Soil conditions;

• Handling;

• Transportation;

• Seasonal conditions;

• Plant variety;

• Individual growing conditions; and

• Care provided after delivery or pickup.

You are responsible for following appropriate care instructions.

Unless expressly stated otherwise in writing, products are sold without a guarantee of plant survival or floral longevity.

12. PRODUCT SUBSTITUTIONS

Because our products may be seasonal, locally grown, or subject to natural availability, we may occasionally need to substitute a comparable flower, plant, color, variety, container, or decorative element.

Where a substitution is necessary, we will make reasonable efforts to provide a product of similar type, quality, and value.

If a material substitution is necessary and cannot reasonably be made without changing the nature of the product, we may contact you regarding available options.

13. PRE-ORDERS

Certain products may be offered for pre-order.

When placing a pre-order:

• You understand that the product may not yet be available for immediate fulfillment;

• The estimated availability date is an estimate and may change;

• Seasonal conditions and growing conditions may affect availability;

• Product quantities may be limited;

• We may contact you regarding changes to availability;

• We may offer a substitution, alternative product, or refund when fulfillment is not possible.

A pre-order does not guarantee availability of a specific natural product where circumstances outside our reasonable control affect production or supply.

14. FLOWER SUBSCRIPTIONS

Blüme Floral may offer recurring flower subscription services.

Subscription terms, including frequency, pricing, delivery or pickup arrangements, and product descriptions, will be presented at the time of subscription.

Unless otherwise stated:

• Subscription charges will recur according to the selected billing schedule;

• You authorize recurring charges to your selected payment method;

• Subscription prices may change with advance notice where required by law;

• Seasonal availability may affect the flowers or products included in a subscription;

• Specific flower varieties, colors, or arrangements may vary;

• Subscription services may be canceled in accordance with the cancellation terms presented at signup.

You may cancel a subscription by following the cancellation process provided on the Website or by contacting us using the contact information provided below.

Cancellation of a subscription does not necessarily cancel an order that has already been processed or fulfilled.

15. CANCELLATIONS

Because many of our products are perishable, seasonal, or prepared specifically for an order, cancellation policies may vary by product.

Unless otherwise stated on the applicable product or checkout page:

• Requests to cancel an order should be submitted as soon as possible;

• Orders that have already been prepared, harvested, arranged, packaged, or dispatched may not be eligible for cancellation;

• Custom or special-order products may not be cancelable after production has begun;

• Subscription cancellations may take effect at the next available billing or fulfillment cycle.

Any cancellation rights required by applicable law will remain unaffected.

16. RETURNS, REFUNDS, AND DAMAGED PRODUCTS

Because flowers and certain plants are perishable or living products, returns may not be accepted in the same manner as non-perishable merchandise.

If you receive a product that is materially damaged, defective, incorrect, or substantially different from what you ordered, please contact us promptly.

When contacting us about a product issue, we may request:

• Your order number;

• The date of purchase;

• A description of the issue; and

• Photographs of the product and packaging.

We will evaluate the issue and, where appropriate, may provide a replacement, store credit, partial refund, or full refund.

Any refund will generally be issued to the original payment method unless otherwise agreed or required by law.

Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection laws.

17. ACCOUNTS

Certain Website features may require you to create a customer account.

You are responsible for:

• Maintaining accurate account information;

• Keeping your login credentials confidential;

• Maintaining the security of your account;

• Not sharing your account credentials with unauthorized individuals; and

• Notifying us promptly if you believe your account has been compromised.

You are responsible for activities conducted through your account unless the activity resulted from our failure to maintain reasonable security measures.

We reserve the right to suspend or terminate accounts that violate these Terms.

18. INTELLECTUAL PROPERTY

The Website and its content, including, without limitation:

• Logos;

• Brand names;

• Product names;

• Photographs;

• Graphics;

• Illustrations;

• Text;

• Designs;

• Videos;

• Website layout;

• Product descriptions;

• Trademarks;

• Service marks; and

• Other materials

are owned by or licensed to Blüme Floral, Botany Bros, or their respective content providers and are protected by applicable intellectual property laws.

You may view and use Website content for personal, non-commercial purposes in connection with your use of the Website.

You may not, without our prior written permission:

• Copy or reproduce Website content;

• Modify Website content;

• Distribute Website content;

• Sell or commercially exploit Website content;

• Use our branding or logos;

• Create derivative works;

• Use our content to compete with us; or

• Remove proprietary notices.

Nothing in these Terms grants you ownership of our intellectual property.

19. USER CONTENT AND REVIEWS

If the Website allows you to submit reviews, photographs, comments, testimonials, or other content ("User Content"), you retain ownership of your User Content.

By submitting User Content, you grant Blüme Floral and Botany Bros a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, display, distribute, adapt, and publish that User Content for business, marketing, promotional, and operational purposes.

You represent that:

• You own or have the necessary rights to submit the User Content;

• Your User Content does not infringe another person's rights;

• Your User Content is not unlawful, defamatory, fraudulent, or misleading; and

• Your User Content does not contain malicious code.

We may remove User Content that we believe violates these Terms or applicable law.

20. THIRD-PARTY SERVICES AND LINKS

The Website may contain links to or integrations with third-party websites, platforms, applications, payment processors, social media services, or other services.

These third parties operate independently from Blüme Floral.

We are not responsible for:

• The availability of third-party services;

• Third-party content;

• Third-party privacy practices;

• Third-party terms;

• Third-party products or services; or

• Losses resulting from your use of third-party services.

Your use of third-party services is governed by the terms and policies of those third parties.

21. PRIVACY

Our collection, use, disclosure, and protection of personal information is described in our Privacy Policy.

By using the Website, you acknowledge that you have reviewed our Privacy Policy.

Our Privacy Policy is incorporated into these Terms by reference.

22. ELECTRONIC COMMUNICATIONS

When you use the Website, place an order, create an account, or communicate with us electronically, you consent to receive electronic communications from us.

These communications may include:

• Order confirmations;

• Receipts;

• Delivery or pickup notifications;

• Subscription notices;

• Account communications;

• Service updates;

• Customer support communications; and

• Other transactional communications.

You may separately manage marketing communications in accordance with applicable law.

Opting out of marketing communications will not prevent us from sending transactional or service-related communications that are necessary to fulfill your orders or manage your account.

23. MARKETING COMMUNICATIONS

If you opt in to receive promotional communications, you may receive information regarding:

• New products;

• Seasonal flower availability;

• Plant releases;

• Special offers;

• Events;

• Market appearances;

• Subscription services; and

• Other Blüme Floral or Botany Bros promotions.

You may unsubscribe from marketing emails by using the unsubscribe mechanism included in the communication or by contacting us.

24. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WE DO NOT GUARANTEE THAT:

• THE WEBSITE WILL ALWAYS BE AVAILABLE;

• THE WEBSITE WILL BE ERROR-FREE;

• THE WEBSITE WILL BE SECURE OR FREE FROM HARMFUL CODE;

• PRODUCT INFORMATION WILL ALWAYS BE COMPLETE OR ERROR-FREE;

• PRODUCTS WILL ALWAYS BE AVAILABLE;

• PRODUCT COLORS OR APPEARANCE WILL EXACTLY MATCH PHOTOGRAPHS;

• FLOWERS WILL REMAIN FRESH FOR A SPECIFIC PERIOD;

• PLANTS WILL SURVIVE OR THRIVE UNDER YOUR CARE; OR

• DELIVERY OR PICKUP WILL ALWAYS OCCUR AT A PARTICULAR TIME.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

25. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLÜME FLORAL, BOTANY BROS, AND THEIR OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

• YOUR USE OF THE WEBSITE;

• YOUR INABILITY TO USE THE WEBSITE;

• YOUR PURCHASE OR USE OF PRODUCTS;

• PRODUCT SPOILAGE OR NATURAL DETERIORATION;

• PLANT FAILURE OR DEATH;

• DELIVERY DELAYS;

• EVENTS BEYOND OUR REASONABLE CONTROL;

• THIRD-PARTY SERVICES; OR

• ANY OTHER MATTER RELATED TO THE WEBSITE OR OUR PRODUCTS OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID TO BLÜME FLORAL FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM; OR

2. $100.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

26. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Blüme Floral, Botany Bros, and their owners, members, managers, employees, contractors, agents, and service providers from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• Your violation of these Terms;

• Your misuse of the Website;

• Your violation of applicable law;

• Your User Content;

• Your violation of another person's rights; or

• Your negligent or intentional misconduct.

27. FORCE MAJEURE

We will not be responsible for delays, interruptions, cancellations, or failures to perform caused by circumstances beyond our reasonable control.

Such circumstances may include:

• Severe weather;

• Natural disasters;

• Fire;

• Flood;

• Drought;

• Agricultural conditions;

• Crop failure;

• Pest or disease;

• Supply shortages;

• Transportation disruptions;

• Power outages;

• Internet or technology failures;

• Labor disputes;

• Government actions;

• Public health emergencies;

• Acts of war or terrorism; or

• Other events beyond our reasonable control.

If such an event affects an order or service, we will make reasonable efforts to communicate with affected customers and provide an appropriate remedy where feasible.

28. TERMINATION

We may suspend or terminate your access to the Website or your account at any time if we reasonably believe that:

• You have violated these Terms;

• You have engaged in fraudulent or abusive conduct;

• Your use of the Website presents a security risk;

• Your conduct may expose us to legal liability; or

• Termination is otherwise permitted by applicable law.

You may stop using the Website at any time.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

29. DISPUTE RESOLUTION

We encourage customers to contact us first to attempt to resolve any dispute informally.

Before initiating formal legal proceedings, you agree to contact us and provide a reasonable opportunity to address the issue.

Nothing in this section prevents either party from seeking emergency injunctive or equitable relief when appropriate or from pursuing rights that cannot lawfully be waived.

30. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-law principles.

To the extent permitted by applicable law, any legal action or proceeding arising from or relating to these Terms or your use of the Website will be brought in the state or federal courts located in Utah County, Utah, unless another venue is required by applicable law.

You consent to the jurisdiction and venue of such courts.

31. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

32. NO WAIVER

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

33. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Blüme Floral regarding your use of the Website and supersede prior or contemporaneous agreements relating to the same subject matter.

Additional terms may apply to specific products, services, subscriptions, promotions, or transactions.

If there is a conflict between these Terms and specific terms presented at the time of purchase, the specific terms will control with respect to that transaction.

34. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms in connection with a merger, acquisition, business restructuring, sale of assets, or other business transaction.

35. CONTACT INFORMATION

If you have questions about these Terms, an order, a product, a subscription, or our services, please contact us:

Blüme Floral

A division of Botany Bros
Website: blumefloral.co
Email: info@blumefloral.co
Phone: TBD
Business Address: TBD
Service Area: Utah

36. ACKNOWLEDGMENT

BY ACCESSING OR USING THE WEBSITE, CREATING AN ACCOUNT, PLACING AN ORDER, PURCHASING A PRODUCT, OR SUBSCRIBING TO A SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR PURCHASE OUR PRODUCTS OR SERVICES.

Last Updated: July 26, 2026