Terms of Service

1. Agreement to Terms

Welcome to ETERNALBLOOM. These Terms of Service ("Terms") constitute a legally binding agreement between you and ETERNALBLOOM LLC ("Company," "we," "our," or "us") governing your access to and use of our website at eternalbloom.com and related services[web:4][web:6]. By accessing or using our website, placing orders, or engaging with our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our services[web:4].

2. Eligibility

You must be at least 18 years of age to use our services and place orders[web:4][web:6]. By using ETERNALBLOOM, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements. If you are under 18, you may only use our services with the involvement of a parent or legal guardian.

3. Orders and Purchases

When placing an order through ETERNALBLOOM, you agree to the following[web:4]:

• Order Acceptance: All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion, including but not limited to cases of product unavailability, pricing errors, suspected fraud, or violation of these Terms.
• Pricing: All prices are listed in USD and are subject to change without notice. We make every effort to ensure pricing accuracy, but errors may occur. If a product is listed at an incorrect price, we reserve the right to cancel the order and notify you.
• Payment: Payment is required at the time of order placement. We accept major credit cards, debit cards, and approved payment methods. By providing payment information, you authorize us to charge the total order amount, including applicable taxes and delivery fees[web:4].
• Order Confirmation: Upon successful order placement, you will receive an email confirmation. This confirmation does not constitute acceptance of your order; acceptance occurs upon shipment or delivery notification.

4. Delivery Policy

Our delivery terms include[web:4]:

• Delivery Areas: Same-day delivery is available in Manhattan, Brooklyn, and Queens for orders placed before 2:00 PM EST. Nationwide shipping available for select products with 48-hour notice.
• Delivery Times: We provide estimated delivery windows but cannot guarantee exact delivery times due to factors beyond our control (weather, traffic, recipient availability). Standard delivery hours are 9:00 AM - 7:00 PM.
• Recipient Availability: If the recipient is unavailable, our courier will make reasonable attempts to contact them. If delivery cannot be completed, the order may be left in a safe location or returned to our atelier. Additional delivery fees may apply for redelivery attempts.
• Delivery Conditions: Flowers are perishable and sensitive to temperature extremes. We are not responsible for product condition if the recipient does not retrieve the delivery promptly or if environmental conditions are unsuitable.

5. Cancellation and Refund Policy

Our cancellation and refund terms are as follows[web:4]:

• Order Cancellation: Orders may be cancelled up to 4 hours before scheduled delivery time for a full refund. Cancellations within 4 hours of delivery are subject to a 50% cancellation fee. Orders already in transit or delivered cannot be cancelled.
• Refunds: Refunds are processed to the original payment method within 5-7 business days of approval. Delivery fees are non-refundable unless the error was on our part.
• Substitutions: Due to seasonal availability, we may substitute flowers or containers with items of equal or greater value while maintaining the overall design aesthetic. If this is unacceptable, please contact us before placing your order.
• Quality Guarantee: We guarantee the freshness and quality of our products for 14 days from delivery. If you are unsatisfied with your order, contact us within 48 hours with photographic evidence, and we will provide a replacement or refund at our discretion.

6. Atelier Services

For bespoke atelier and event services:

• Consultation Deposits: A non-refundable consultation deposit of $500 is required to secure private design consultations for events valued at $10,000 or more. This deposit is credited toward the final invoice.
• Event Contracts: All atelier event services require a signed contract and 50% deposit. The remaining balance is due 14 days before the event date.
• Cancellation: Event cancellations made more than 60 days prior receive a 50% refund of the deposit. Cancellations within 60 days forfeit the entire deposit. Cancellations within 14 days forfeit all payments made.
• Changes: Design changes requested within 30 days of the event may incur additional fees based on the scope of modifications.

7. Intellectual Property

All content on the ETERNALBLOOM website, including text, images, graphics, logos, photographs, floral designs, videos, and software, is the property of ETERNALBLOOM LLC or its content suppliers and is protected by U.S. and international copyright, trademark, and intellectual property laws[web:6]. You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any content without our express written permission.

8. User Conduct

You agree not to[web:4][web:6]:

• Use our services for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to our systems, accounts, or networks
• Interfere with or disrupt the integrity or performance of our website
• Transmit viruses, malware, or other harmful code
• Collect or harvest personal information of other users
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Engage in fraudulent activities or use stolen payment information
• Post defamatory, offensive, or inappropriate content in reviews or communications

9. Limitation of Liability

To the fullest extent permitted by law, ETERNALBLOOM LLC, its officers, directors, employees, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use our services; (b) any conduct or content of any third party; (c) unauthorized access, use, or alteration of your transmissions or content; or (d) any perishable nature of floral products[web:4][web:6]. Our total liability for any claims arising from your use of our services shall not exceed the amount you paid to us in the past 12 months, or $500, whichever is less.

10. Indemnification

You agree to indemnify, defend, and hold harmless ETERNALBLOOM LLC and its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your conduct in connection with our services[web:4][web:6].

11. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted in New York, New York. You agree to waive your right to a jury trial and to participate in a class action lawsuit[web:4].

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions[web:4][web:6]. Any legal action or proceeding relating to your access to or use of our services shall be instituted in the state or federal courts located in New York County, New York.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion[web:4][web:6]. Material changes will be notified via email or prominent notice on our website. Your continued use of our services after such modifications constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect[web:6].

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on our website, constitute the entire agreement between you and ETERNALBLOOM LLC concerning your use of our services[web:6].

16. Contact Information

ETERNALBLOOM Floral Atelier

876 Madison Avenue, Upper East Side

New York, NY 10075

Email: legal@eternalbloom.com

Phone: (212) 555-0188

Customer Service: hello@eternalbloom.com