Terms and Conditions for Miss You Blooms
Effective Date: 02/08/2025
Welcome to Miss You Blooms ("we," "us," or "our"). By using our flower delivery services to columbariums and cemeteries (the "Service"), you agree to the following Terms and Conditions. Please read them carefully before placing an order or subscribing to our services.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use these Services.
1. Service Overview
- Miss You Blooms provides floral delivery services to columbariums and cemeteries, offering one-time purchases and subscription-based deliveries (monthly or annually). Our service focuses on reselling pre-arranged flower bouquets sourced from trusted retail partners.
2. Orders and Deliveries
- All deliveries are made to designated columbariums and cemeteries based on the information provided by you at the time of order.
- It is your responsibility to ensure that the delivery location details are accurate. We are not liable for incorrect or incomplete delivery information.
- Delivery schedules may vary based on availability, weather conditions, and access restrictions at the delivery location.
3. Payment and Billing
- Payment for one-time purchases must be made in full at the time of placing the order.
- Subscription services (monthly or annual) are billed automatically based on the chosen billing cycle.
- By subscribing, you authorize us to charge your preferred payment method on a recurring basis until the subscription is canceled in accordance with Section 4 below.
4. Subscription Cancellation Policy
- Monthly Subscriptions: Cancellation requests must be submitted prior to the next billing date. If a cancellation request is received after the billing date, the subscription will terminate after the current billing cycle.
- Annual Subscriptions: Cancellation requests must be submitted before the next annual billing date. If a cancellation request is received after the billing date, the subscription will remain active for the current term and terminate at the end of that annual cycle.
- No partial refunds will be issued for unused portions of a subscription.
5. Non-Refundable Policy
- All purchases, including one-time orders and subscription payments, are non-refundable.
- This policy applies to all circumstances, including but not limited to dissatisfaction with the product, changes in personal circumstances, or failure to cancel a subscription in accordance with the terms outlined in Section 4.
6. Modifications to the Service
- We reserve the right to modify or discontinue the Service (or any part thereof) at any time without prior notice. We are not liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.
7. Limitation of Liability
- We are not responsible for any damages, delays, or failures caused by circumstances beyond our control, including but not limited to natural disasters, access restrictions, or third-party delivery issues.
- Our liability is limited to the amount paid for the specific service in question.
8. Governing Law
- These Terms and Conditions are governed by and construed in accordance with the laws of Texas/United States, without regard to its conflict of law principles.
9. Guidelines for Reviews
- We welcome honest and constructive reviews about your experience with our Service.
- By submitting a review, you grant Miss You Blooms a non-exclusive, royalty-free license to use, reproduce, and distribute your review in connection with our business.
- Reviews must be factual, respectful, and free of defamatory, obscene, or otherwise unlawful content. We reserve the right to remove any review that does not comply with these guidelines or that violates applicable laws.
10. Third-Party Websites
- Our website and Service may include links to third-party websites and services for additional information or functionality. This includes, but is not limited to, our ordering system provided via Google Forms and our payment processing service provided by PayPal.
- Your use of these third-party services is subject to the terms, conditions, and privacy policies of the respective providers. We encourage you to review Google’s and Paypal’s policies to understand how your information is handled.
- The inclusion of any third-party links or services does not constitute an endorsement or guarantee of the content, products, or services offered by the third party.
- We are not responsible for and do not control the content, security practices, or policies of any third-party websites or services. Your use of such websites or services is at your own risk.
- We advise you to conduct your own due diligence before providing any personal or payment information when accessing these third-party services.
11. Electronic Communication, Transactions, and Signatures
- By accessing or using our Service, you consent to receive communications from Miss You Blooms electronically. These communication may include, but are not limited to:
- Account-related or delivery notices and service updates
- Changes to our Terms and Conditions or Privacy Policy
- Any other information that we believe is necessary or appropriate in connection with our Service.
You agree that any electronic communication we send will be deemed received by you when transmitted, and that such communications satisfy any legal requirement that notices, agreements, disclosures, or other communications be in writing. It is your responsibility to ensure that the contact information you provide is accurate and current. Should your contact details change, you agree to promptly update them to continue receiving communications without interruption.
12. Dispute Resolution
Informal Negotiation
- In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the use of our Service (“Dispute”), the Parties agree to attempt to resolve the matter amicably through informal negotiations.
- Notification: A Party initiating a dispute shall provide written notice to the other Party outlining the nature of the dispute.
- Negotiation Period: The Parties agree to engage in good faith discussions for a period of thirty (30) days from the date of the initial notice.
- Temporary Relief: During this negotiation period, either Party may seek provisional or injunctive relief in a court of competent jurisdiction if necessary to protect its rights or interests.
Binding Arbitration
- If the Dispute is not resolved through informal negotiations within the specified period, the Parties agree that the dispute shall be finally and exclusively resolved by binding arbitration, subject to the following provisions:
- Arbitration Rules: The arbitration shall be conducted in accordance with the rules of a (mutually agreed-upon arbitration organization).
- Arbitrator: A single arbitrator shall be appointed to hear the dispute. The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction.
- Location: The arbitration proceedings shall be held in Collin County or “remotely” if agreed upon.
- Costs: Each Party shall bear its own costs and expenses related to the arbitration, unless otherwise determined by the arbitrator.
- Confidentiality: All aspects of the arbitration proceedings, including any awards, shall remain confidential and shall not be disclosed to any third party except as required by law.
Survival and Enforcement
- This Dispute Resolution provision shall survive the termination or expiration of these Terms and Conditions. Notwithstanding the foregoing, nothing in this section shall prevent either Party from seeking provisional or injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
13. Contact Information
For any questions about these Terms and Conditions, please contact us at:
Miss You Blooms
missyoublooms@gmail.com
972-914-8149
By placing an order or subscribing to our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.