Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Whimsy Blooms (“we”, “us” or “our”). They govern your use of whimsyblooms.com and any page we operate under it (the “Site”) and every purchase you make through the Site.

By placing an Order, starting a Subscription or otherwise using the Site, you accept these Terms, our Privacy Policy and our Refunds, Cancellations and Substitutions Policy, each of which forms part of these Terms. If you do not accept them, do not use the Site or place an Order.

If you place an Order on behalf of a business or other organization, you confirm that you have authority to accept these Terms for it, and “you” includes that organization.

• “Order” means a request to buy Products placed through the Site, including each delivery made under a Subscription.
• “Products” means the flowers, plants, arrangements, containers, add-ons and other items offered on the Site.
• “Recipient” means the person to whom you ask us to deliver an Order. You may be the Recipient.
• “Fulfillment Partner” means a florist, florist network, grower, shipper, courier or other third party that prepares, ships or delivers Orders for us, including anyone it passes an Order to.
• “Subscription” means a plan under which we deliver Products and charge you on a recurring schedule.
• “Delivery Date” means the date you select for delivery at checkout or, for later Subscription deliveries, the date set by the Subscription schedule.
• “Including” means including without limitation.

To place an Order you must be at least 18 years old, able to form a binding contract and a resident of the United States. By placing an Order you confirm that you meet these requirements. The Site and Products are offered only to residents of the United States for delivery in the United States, and we do not offer them to consumers in any other country.

We may refuse service to anyone at any time for any reason the law does not prohibit.

You are responsible for the accuracy and completeness of all information you give us, including the Recipient’s name, street address, apartment or suite number, phone number and any delivery instructions. We and our Fulfillment Partners rely on that information as you provide it.

You confirm that you have the right to give us each Recipient’s personal information and to let us use it as described in our Privacy Policy, including sharing it with a Fulfillment Partner and allowing the Fulfillment Partner to contact the Recipient about the delivery.

You are solely responsible for the content of your card message. Fulfillment Partners and their staff will read it in order to print or write it. We or a Fulfillment Partner may shorten or reformat a card message to fit the card, and may refuse to include any message we consider unlawful, threatening, harassing, defamatory, obscene or hateful. In that case we may deliver the Order without the message or cancel the Order and refund the amount charged for it. You may not use the Site to send any delivery intended to harass, threaten or intimidate anyone, or to contact anyone in breach of a court order.

A card message may be printed or handwritten. Shortening, reformatting or handwriting a card message, and any error in the message as you entered it, do not make an Order defective and are not grounds for a claim.

Each Order is an offer by you to buy the Products in it. We charge your payment method when you place an Order, before we decide whether to accept it. A receipt, confirmation page or email shows only that we received your Order and payment. It does not mean we have accepted the Order. We accept an Order when we send it to a Fulfillment Partner.

We may refuse any Order, limit quantities, or cancel all or part of any Order, before or after acceptance, at our discretion and for any reason the law does not prohibit. Reasons include Products being unavailable, an address outside our delivery area, a Fulfillment Partner being unable to fulfill the Order, an error in price, description or availability, a failed payment, our being unable to verify your payment or contact details, and suspected fraud, unauthorized use or purchase for resale.

If we cancel all or part of an Order, we will refund the amount charged for the cancelled part to the original payment method. That refund is your sole remedy for the cancellation.

Products are sold for your own use or to give as gifts, and may not be resold.

Prices are in US dollars. We may change prices at any time without notice. A price change does not affect an Order we have already accepted, except as this section and Section 16 (Subscriptions and automatic renewal) allow.

The delivery fee for each Order is shown before you pay. Subscription prices include delivery. Prices do not include sales tax unless stated. Any sales or similar tax we collect is shown at checkout. You are responsible for any sales, use or similar tax on your purchase that we do not collect.

The Site, a receipt and any message from us may contain typographical or other errors in prices, descriptions, availability or images, including errors made by automated tools. We may correct any error at any time, including after you have submitted an Order and been charged, and we are not bound by an erroneous price or description. If an error affects your Order, we may cancel it and refund the amount charged, or contact you to ask whether you want to continue at the correct price. If you do not confirm that you want to continue, we will cancel the Order and refund you.

Promotional codes and store credit apply only to future Orders through the Site, have no cash value except where the law requires otherwise, and may not be transferred. We may cancel any code or credit issued or used in error or through fraud.

You authorize us and our payment processor to charge the payment method you provide for the full amount of each Order, including Product prices, delivery fees and taxes, and for Subscriptions, the recurring charges described in Section 16 (Subscriptions and automatic renewal). You confirm that you are authorized to use that payment method.

You enter your payment details on the payment processor’s checkout page, and the payment processor’s own terms also apply to that payment. We are not responsible for the payment processor’s acts or omissions. If a payment is declined or reversed, we may cancel the related Order or Subscription.

Prices and charges are in US dollars. We are based outside the United States, so your card issuer may treat a payment to us as an international transaction and charge a foreign transaction, currency conversion or similar fee. Those fees are set by your card issuer, are not part of any amount we charge, and are your responsibility. They are not grounds for a claim, refund or payment dispute, and we do not refund them, including when we refund an Order. A refund is paid in US dollars to the original payment method and never exceeds the amount we charged. When it appears on your statement depends on your card issuer.

You agree to contact us at hello@whimsyblooms.com and give us a reasonable opportunity to resolve a problem before you dispute a charge with your card issuer. If you dispute a charge, we may give your card issuer information about the Order, including these Terms, your acceptance of them, your communications with us and proof of delivery, and we may suspend any Subscription and decline future Orders while the dispute is open. No refund, replacement or credit is owed for an amount already returned to you through a card dispute or chargeback. If you receive a remedy from us and the same amount through a dispute or chargeback, you must repay us the duplicate amount. Nothing in this section limits any right you have under federal law to dispute a charge.

We deliver only to addresses in the contiguous United States and Washington, DC. We do not deliver to Alaska, Hawaii, US territories or APO, FPO or DPO addresses. Some addresses within that area, including some rural addresses, may not be served by a Fulfillment Partner. If no Fulfillment Partner can deliver to an address, we may ask you for another address or cancel the Order and refund the amount charged.

The order cutoff, closed days and delivery fee shown on the Site when you place an Order apply to it. They are described on our delivery page. Currently, Orders placed before 2 pm Eastern time can be scheduled for the next delivery day, and there are no deliveries on Sundays or certain holidays.

We schedule each Order for its Delivery Date and ask the Fulfillment Partner to deliver it that day. Delivery Dates, and any delivery time or window, are estimates. We do not guarantee delivery on a particular date or at a particular time of day, and time of delivery is not of the essence of any Order.

A Fulfillment Partner may deliver by hand, by courier or by carrier. If the Recipient is not available, the Fulfillment Partner may leave the Order at the door or another place at the address it considers reasonable, leave it with a neighbor, building staff, a reception desk or a mailroom, or contact the Recipient to arrange delivery. An Order left in any of these ways is delivered. A Fulfillment Partner may phone the Recipient before delivering, so we cannot promise that a delivery will be a surprise.

Deliveries to businesses, hospitals, care homes, funeral homes, schools, hotels and similar places depend on their opening hours and rules. Some hospitals and care facilities do not accept flowers or plants in certain wards. You are responsible for checking the rules of the delivery location before you order.

An Order counts as delivered, and no refund, replacement or credit is owed, if delivery fails or is delayed because of any of the following:

• incorrect, incomplete or outdated information you provided, including the Recipient’s name, address, apartment or suite number, or phone number;
• the Recipient being unavailable or having moved, or not answering the phone number you provided when the Fulfillment Partner tries to arrange delivery;
• the Recipient, or anyone at the address, refusing the Order;
• access restrictions or unsafe conditions at the address, including gated communities, locked or secure buildings, facility rules, closed businesses and animals;
• a change you request after the Order has been sent to a Fulfillment Partner.

If we can arrange a second delivery in any of these cases, we may charge an additional delivery fee for it.

Weather, natural events, carrier and traffic delays, holiday demand, and the failure or delay of a Fulfillment Partner can cause an Order to arrive late or not at all. We are not liable for any damages caused by these events. If an Order is late or not delivered for one of these reasons, your only remedies are those in Section 15 (Remedies), and you must make a claim as described in Section 14 (Claims).

Flowers and plants depend on season and supply. We and our Fulfillment Partners may replace any flower, plant, greenery, container, vase, basket, ribbon, add-on or other part of a Product with an item of similar or greater value, as we or the Fulfillment Partner reasonably decide. A substitute is chosen to keep the style and color of the original where the Fulfillment Partner considers that practical, and it may differ in variety, color, size, shape or number of stems.

If an add-on, such as chocolates or a balloon, is unavailable and no suitable substitute exists, we may deliver the Order without it and refund the price of that add-on.

A substitution made under this section is not a defect, is not a failure to deliver what you ordered and is not grounds for a claim.

The images on the Site are botanical illustrations of the lead flower of each Product. They represent that flower only. They do not show the exact arrangement, container, quantity or colors you will receive. If the Site shows a photograph, it is an example, and the Product delivered will differ from it.

Each arrangement is made by a Fulfillment Partner and will vary from any image or description. Stem counts are approximate. Colors, sizes, bloom stage and plant dimensions vary. Flowers may arrive in bud so that they open after delivery. Screens show colors differently. Descriptions are a general guide and are not warranties.

Products are perishable. How long they last depends on care, temperature, light and handling after delivery, which we do not control. We do not promise any particular vase life or plant life.

Title to Products and risk of loss pass to you on delivery, including delivery made by leaving an Order as described in Section 8 (Delivery). After delivery we are not responsible for loss, theft, damage or wilting, including damage from weather after an Order has been left at the address.

Some flowers and plants are harmful if eaten by people or pets. Lilies, for example, are toxic to cats. Pollen, sap and plant material can cause allergic reactions and can stain. Balloons can be a choking hazard for young children, and latex balloons can cause allergic reactions. Chocolates and other food items may contain, or have been made alongside, milk, soy, wheat, peanuts, tree nuts and other allergens, and may melt in warm weather. We do not list the ingredients of food items before delivery, and a substitute may contain different ingredients. Read the packaging before eating any food item. Flowers and plants are not food. Keep them, their water and their containers away from children and pets.

You are responsible for deciding whether a Product is suitable for the Recipient and their household, including any people with allergies and any pets. To the fullest extent the law allows, we are not liable for any allergic reaction, illness, injury or harm to a person or animal from touching, eating or being near a Product, or for stains or water damage to clothing, furniture or surfaces.

You may ask to cancel or change an Order by emailing hello@whimsyblooms.com. We can cancel or change an Order only if it has not yet been sent to a Fulfillment Partner and the Fulfillment Partner has not begun to prepare it. We can usually do this for requests we receive before 2 pm Eastern time on the day before the Delivery Date, but we do not guarantee it. Once an Order has been sent to a Fulfillment Partner, it cannot be cancelled, and no refund, replacement or credit is owed for a request to cancel it.

You can start from a prepared cancellation email or a prepared change email, each listing the details we need to find your Order.

To: hello@whimsyblooms.com
Subject: Cancel my order

Please cancel my Whimsy Blooms order.

Your name:
Email address used for the order:
Delivery date:
Recipient's name:

If you have the receipt email, paste it below or forward it to us.

To: hello@whimsyblooms.com
Subject: Change my order

Please change my Whimsy Blooms order.

Your name:
Email address used for the order:
Delivery date:
Recipient's name:
The change I want:

If you have the receipt email, paste it below or forward it to us.

If we cancel an Order at your request, we will refund the amount charged for it. We may decline a requested change. A change to the Delivery Date, address or Products depends on availability and may change the price.

Subscriptions are cancelled as described in Section 16 (Subscriptions and automatic renewal).

If an Order arrives damaged, arrives materially different from what you ordered (apart from substitutions and variations allowed by Section 10 (Substitutions) and Section 11 (Illustrations and product descriptions)), arrives late or is not delivered, you must email hello@whimsyblooms.com within 48 hours after the scheduled Delivery Date. If the Order was delivered after the Delivery Date, the 48 hours run from delivery. Your claim must include:

• your name, the email address used for the Order, and the receipt email if you have it (forwarding it is fine);
• a description of the problem;
• for a claim about the condition or content of an Order, clear photographs of the Products as delivered, including the card and packaging.

You can start from this prepared claim email.

To: hello@whimsyblooms.com
Subject: Problem with my order

There is a problem with my Whimsy Blooms order.

Your name:
Email address used for the order:
Delivery date:
Recipient's name:
What went wrong:

For a damaged or incorrect order, attach clear photos of the flowers or plant as delivered, including the card and packaging. I will keep them until you resolve my claim.

If you have the receipt email, paste it below or forward it to us.

Keep the Products until we resolve your claim. We may ask for more photographs or information and may check the delivery record with the Fulfillment Partner. We decide whether to approve a claim. To the extent the law allows, we may deny a claim made after the 48-hour period or without the required photographs.

Because Products are perishable, they cannot be returned. Do not send Products back to us or to a Fulfillment Partner. A preference about style, color or variety is not a claim.

If we approve a claim, we choose the remedy at our sole discretion. We first offer either a replacement delivery of the same or a similar Product on a date we agree with you, or store credit up to the amount paid for the affected Order. If we decide that a replacement or credit is not appropriate, or the law requires a refund, we will refund all or part of the amount paid for the affected Order to the original payment method. If an Order was never delivered and you decline both a replacement and store credit, we will refund the amount paid for it.

Our current plans are:

• Weekly Bouquet: $59 per delivery, including the delivery fee, with one delivery and one charge every week.
• Two-Week Bouquet: $64 per delivery, including the delivery fee, with one delivery and one charge every two weeks.
• Monthly Bouquet: $69 per delivery, including the delivery fee, with one delivery and one charge every month.

Billing and deliveriesCopy link

The first charge is made at checkout. Each renewal is charged at the start of the next billing period, counted from the date of checkout: on the same weekday for weekly and every-two-weeks plans, and on the same day of the month for monthly plans (or the last day of a month that has no such day). Each charge pays for one delivery. A renewal may be charged before the delivery it pays for, and if your first Delivery Date is more than one billing period after checkout, the first renewal may be charged before your first delivery.

Your first delivery is made on the Delivery Date you choose. Later deliveries are scheduled at the same interval from that date, moved to the next available delivery day when a scheduled date falls on a Sunday or a day we do not deliver. Each delivery goes to the same Recipient and address with the same card message unless you email us a change before the next delivery is sent to a Fulfillment Partner. Subscription bouquets are seasonal flowers chosen by the Fulfillment Partner and vary from one delivery to the next. Section 10 (Substitutions) applies to every delivery.

How to cancelCopy link

You can cancel online or by email. To cancel online, open Manage or cancel your subscription (whimsyblooms.com/subscriptions/manage), sign in with the email address you used to subscribe, and confirm the cancellation.

To cancel by email, email hello@whimsyblooms.com from that address, or use this prepared cancellation email, which you can send without adding anything. If you write from a different address, we may need to ask you for details to find your Subscription.

To: hello@whimsyblooms.com
Subject: Cancel my subscription

Please cancel my Whimsy Blooms subscription.

Send this from the email address you used to subscribe.

An online cancellation takes effect as soon as you confirm it. A cancellation by email takes effect when we receive your email or, if you write from a different address, once we can identify your Subscription. Either way, it applies from the next billing period that has not yet been charged. Charges already made are not refunded, and each delivery those charges paid for remains scheduled. If a renewal is charged after your cancellation takes effect, we will refund that charge.

Price and term changesCopy link

We may change the price or other terms of a Subscription. A price increase or other material change applies to your Subscription only if we have emailed you notice of it, with information on how to cancel, at least 7 days and no more than 30 days before it takes effect, or within any other period the law requires. If you do not cancel before the change takes effect, the change applies to your later charges and deliveries. Instead of changing a Subscription, we may cancel it as described below.

Other termsCopy link

These Subscription terms, including how to cancel, stay available in this section of these Terms at whimsyblooms.com/legal/terms#subscriptions, where you can save or print them at any time. We may also email you a confirmation of your Subscription.

You may ask us by email to pause or skip deliveries, which we may agree to at our discretion. Renewals are charged automatically to the payment method you used to subscribe. If a renewal payment fails, we may retry it and may suspend or cancel the Subscription; no delivery is made for a billing period that has not been paid. We may cancel any Subscription at any time by notifying you, and if we do, we will refund any charge for a delivery that has not been made.

Whimsy Blooms sells Products online and has Fulfillment Partners prepare and deliver them. Fulfillment Partners are independent contractors. They are not our employees, agents, joint venturers or partners in any legal sense, and they have no authority to make promises on our behalf. We do not control their premises, staff, vehicles or methods of work. We decide which Fulfillment Partner handles each Order, and a Fulfillment Partner’s name may appear on the packaging or card.

To the fullest extent the law allows, we are not liable for the acts or omissions of any Fulfillment Partner or carrier. This does not limit the remedies available to you under Section 15 (Remedies).

We grant you a limited, revocable, non-exclusive and non-transferable license to use the Site for your personal use to browse and place Orders. You may not:

• use the Site in violation of any law or to place a fraudulent Order;
• access the Site with robots, scrapers or other automated means, other than public search engine crawlers;
• interfere with the Site’s security or operation, or introduce malicious code;
• copy, modify or reverse engineer any part of the Site, or use its content to train artificial intelligence models;
• impersonate any person or misrepresent your connection with any person.

The Site’s text, design, software, names and other content belong to us or our licensors, except for the public-domain botanical illustrations listed on our illustration credits page. If you send us suggestions or feedback, we may use them without restriction or payment to you.

We may change, suspend or discontinue any part of the Site at any time, and we may suspend or end your access if you breach these Terms. The Site may link to services run by others, such as the payment processor’s checkout page. Their terms govern your use of them, and we are not responsible for them.

If the law does not allow us to disclaim an implied warranty, that warranty is limited to 48 hours after delivery, to the extent the law allows such a limit.

In this section and Section 21 (Indemnification), the “Whimsy Blooms Parties” are Whimsy Blooms and its owners, members, managers, officers, employees, agents, contractors and licensors.

These limits apply to every theory of liability, including contract, tort (including negligence), strict liability and statute, and apply even if a limited remedy fails of its essential purpose. Our prices reflect this allocation of risk. To the fullest extent the law allows, you agree not to bring any claim personally against anyone who works for Whimsy Blooms as an employee, contractor or agent.

Nothing in these Terms limits liability that the law does not allow to be limited, such as liability for fraud, or for death or personal injury caused by negligence where the law forbids limiting it.

To the fullest extent the law allows, you will defend, indemnify and hold harmless the Whimsy Blooms Parties and our Fulfillment Partners from all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your breach of these Terms;
• the content of any card message you submit;
• information you provide about a Recipient, including any claim that you did not have the right to provide it;
• your choice of a Product for a Recipient, including any claim that it was unsuitable for the Recipient, their household or their pets;
• your violation of any law or of anyone else’s rights;
• your misuse of the Site.

We may take control of the defense of any such claim, and you will cooperate with us. You may not settle a claim that affects us without our written consent.

(a) Informal resolution firstCopy link

Before starting an arbitration or a small claims case, the party with the dispute must send the other a written notice of dispute (a “Notice”). Send your Notice to hello@whimsyblooms.com with the subject line “Notice of Dispute”. We may send a Notice to you at the email address you used for your Order. A Notice must include:

• the sender’s name;
• the email address used for the Order;
• any order number;
• a description of the dispute;
• the relief sought;
• the signature of the party sending it, who must sign it personally.

To send a Notice by email, you can start from this prepared Notice of Dispute email. Fill in every item and sign it before you send it.

To: hello@whimsyblooms.com
Subject: Notice of Dispute

Name:


Email address used for the Order:


Order number:


Description of the dispute:


Relief sought:


Signature:

For 60 days after a Notice is received, the parties will try in good faith to resolve the dispute. During that period either party may ask for an individual settlement conference by phone or video, which the party who sent the Notice must attend personally (a lawyer may also attend). Any statute of limitations is paused during this 60-day period. A party may not start an arbitration until this process is complete.

(b) Agreement to arbitrateCopy link

You and Whimsy Blooms agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site, any Order, Product or Subscription, our privacy practices, or any communication between us, on any legal theory and whether it arose before or after you accepted these Terms (a “Claim”), will be resolved by binding individual arbitration, except as subsection (c) provides. The Federal Arbitration Act governs the interpretation and enforcement of this section.

(c) ExceptionsCopy link

Either party may bring an individual Claim in small claims court, as long as it stays in that court and is pursued only on an individual basis. Either party may ask a court for an injunction to stop infringement or misuse of intellectual property. Requests for public injunctive relief are handled as described in subsection (h).

(d) Rules and administratorCopy link

The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, as in effect when the arbitration is filed and as modified by this section. The rules are available at adr.org. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on another administrator, or a court will appoint one under 9 U.S.C. § 5. A single neutral arbitrator will decide each arbitration.

(e) FeesCopy link

Filing, administrative and arbitrator fees are paid as the AAA Consumer Arbitration Rules provide, and we will pay the fees those rules assign to the business. If the arbitrator finds that a Claim was frivolous or brought for an improper purpose, fees will be allocated as those rules allow. Each party pays its own attorneys’ fees and costs unless the arbitrator awards them under a law that allows it.

(f) HearingsCopy link

A Claim for $25,000 or less will be decided on written submissions unless a party asks for a hearing or the arbitrator decides one is needed. Any hearing will take place by video or phone or, if a party asks for an in-person hearing, in the county where you live or another place the parties agree on.

(g) The arbitrator’s authorityCopy link

The arbitrator decides all issues, including the scope, validity, enforceability and arbitrability of this section, except that a court decides any issue about subsections (h), (i) and (j). The arbitrator may award any individual relief a court could award, but only in favor of the individual party seeking it and only to the extent needed to resolve that party’s individual Claim. The award is final and binding, and judgment on it may be entered in any court with jurisdiction. An award has no effect on any other arbitration or case, except between the same parties.

(h) Class action and jury trial waiverCopy link

If a court decides that this waiver cannot be enforced for a particular Claim or request for relief, such as a request for public injunctive relief, that Claim or request will be separated from the arbitration and decided by a court after the individual Claims have been arbitrated, and the court case will be paused until the arbitration ends. Under no circumstances will a class arbitration go forward.

(i) Mass arbitrationCopy link

If 25 or more demands for arbitration raising similar Claims are filed against us by or with the help of the same or coordinated lawyers or organizations within a 180-day period, the AAA Mass Arbitration Supplementary Rules apply. The demands will be administered in batches of up to 100, in the order filed or as the AAA decides, with one arbitrator and one set of administrative fees for each batch where the AAA allows.

The AAA may administer more than one batch at a time. The arbitrator will issue a separate award for each claimant. Any statute of limitations for a Claim in a later batch is paused from the time its Notice is sent until its batch begins. Any disagreement about whether this subsection applies will be decided by the AAA under its Mass Arbitration Supplementary Rules or, if they do not provide for it, by a court.

(j) Right to opt outCopy link

You may opt out of this arbitration agreement by emailing hello@whimsyblooms.com within 30 days after you first accept these Terms. Your email must include:

• your name;
• the email address you use for Orders;
• a clear statement that you opt out of arbitration.

You can start from this prepared opt-out email, which includes the statement. Fill in your name and email address before you send it.

To: hello@whimsyblooms.com
Subject: Arbitration opt-out

Name:
Email address I use for Orders:

I opt out of the arbitration agreement in the Whimsy Blooms Terms of Service.

Opting out affects only this section and only you, and all other parts of these Terms continue to apply.

(k) Changes to this sectionCopy link

If we change this section after you have accepted it, you may reject the change by emailing hello@whimsyblooms.com within 30 days after the change takes effect, and the version you previously accepted will continue to apply to you. A change never applies to a Claim for which a Notice was sent before the change took effect.

(l) Time limit and severabilityCopy link

To the extent the law allows, any Claim must be brought within one year after it arose, or it is permanently barred. If any part of this section other than subsection (h) is found unenforceable, the rest of this section remains in effect. If this whole section is found unenforceable, Claims will be decided by a court as described in Section 23 (Governing law and where disputes are heard). This section survives the end of your relationship with us.

The Federal Arbitration Act governs Section 22 (Dispute resolution and arbitration). Otherwise, these Terms and any Claim are governed by the laws of the State of Delaware, without regard to conflict of laws rules. Any Claim that is not arbitrated, other than a case in small claims court, must be brought exclusively in the state and federal courts located in the State of Delaware, and you and Whimsy Blooms consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any Order.

We are not liable for any failure or delay in performance, including delivery, caused by events beyond our reasonable control. These include severe weather, natural disasters, fire, flood, epidemics and public health orders, war, terrorism, civil unrest, strikes and labor shortages, crop failures and supply shortages, transport and carrier disruptions, failures of utilities, internet, hosting, email or payment services, cyberattacks, government action, and the acts or omissions of Fulfillment Partners, carriers and suppliers to the extent beyond our reasonable control. If such an event prevents delivery of an accepted Order, we may reschedule it, offer a remedy under Section 15 (Remedies), or cancel it and refund the amount charged.

We may change these Terms by posting a new version on the Site with a new effective date. A new version applies to Orders placed and use of the Site after its effective date. Orders placed earlier are governed by the version in effect when they were placed. A price increase or other material change to an existing Subscription applies to it only as described in Section 16 (Subscriptions and automatic renewal), and changes to Section 22 (Dispute resolution and arbitration) are subject to subsection (k) of that section. If you continue to use the Site or keep a Subscription active after a change takes effect, you accept the change.

You agree that we may provide receipts, notices, disclosures and other communications to you by email or by posting them on the Site, and that these satisfy any legal requirement that a communication be in writing. Keep your email address current. A notice we send to the email address you used for an Order is treated as received when sent. Email can be delayed, filtered or lost, and we are not responsible for a message that does not reach you.

When you tick the box at checkout or place an Order, you sign these Terms electronically, and they bind you as a signed paper contract would. Requests and notices to us under these Terms must be sent to hello@whimsyblooms.com. A message sent to any other address, or through a payment processor, a Fulfillment Partner or social media, is not received by us under these Terms, except that a request to cancel a Subscription that reaches any email address of ours counts as received when it arrives, and a cancellation you confirm online as described in Section 16 (Subscriptions and automatic renewal) takes effect when you confirm it.

We use automated tools, including artificial intelligence and large-language-model services, to draft and send some messages, and service providers host the Site and deliver email for us. A message drafted or sent with those tools, and any statement made outside these Terms, including on the Site, by email or phone, on social media or by a Fulfillment Partner, does not change these Terms, waive any of our rights or bind us to a refund, credit, price, delivery date or other commitment beyond these Terms, unless the owner of Whimsy Blooms confirms it in writing. We may correct any typographical, pricing or automated error in such a message at any time, and we are not bound by it.

By providing a phone number, you agree that we and our Fulfillment Partners may call or text that number about your Order. You confirm that the Recipient would expect to be contacted at the number you provide for them about the delivery. We do not use these numbers for marketing. Message and data rates may apply.

If the law of your state does not allow a provision of Section 19 (Disclaimer of warranties), Section 20 (Limitation of liability) or Section 21 (Indemnification) to apply to you, that provision applies to you only to the extent your state’s law allows, and the rest of these Terms remains in effect.

New Jersey residents: Section 19 (Disclaimer of warranties), Section 20 (Limitation of liability) and Section 21 (Indemnification) apply to you only to the extent New Jersey law allows, and nothing in these Terms limits any right you have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act or the New Jersey Consumer Fraud Act.

California residents: under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Entire agreement. These Terms, including the policies they incorporate and any terms shown to you at checkout, are the entire agreement between you and Whimsy Blooms about their subject. If information elsewhere on the Site, in a receipt or in any message from us conflicts with these Terms, these Terms control. These Terms can be changed only as Section 25 (Changes to these Terms) describes or in a written agreement that the owner of Whimsy Blooms signs.

Severability. If any provision of these Terms is found unenforceable, it will be enforced to the greatest extent allowed and the remaining provisions stay in effect, except as Section 22 (Dispute resolution and arbitration) provides for that section.

No waiver. Our failure or delay in enforcing any provision is not a waiver of it or of any other provision.

Assignment. You may not assign or transfer these Terms or any right under them. We may assign or transfer these Terms, any Order and any Subscription without notice to you, including to a company that the owner of Whimsy Blooms forms or controls, or in connection with a merger, acquisition, reorganization or sale of assets.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship. The Whimsy Blooms Parties and our Fulfillment Partners may rely on and enforce Section 20 (Limitation of liability) and Section 21 (Indemnification). No one else has rights under these Terms.

Survival. Every provision that by its nature should survive the end of your use of the Site survives it, including those about payment, claims, remedies, disclaimers, limits of liability, indemnification and dispute resolution.

Interpretation. Headings, the contents list and the key points are for convenience only and do not change these Terms. These Terms will not be interpreted against either party because that party drafted them. If we provide a translation, the English version controls.

Questions about these Terms, claims, cancellations and legal notices go to hello@whimsyblooms.com.

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These Terms are offered by Whimsy Blooms.