Terms and Conditions of Agreement

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Note, this contract includes a limitation of liability and limitation of remedies

You are contracting with Blossom & Rhyme Designs, LLC (B&R) to produce a unique hand-crafted product involving the use of vegetative medium which means that not only will each product be unique, but it will be different than your original fresh floral bouquet. You acknowledge as follows:

1. That flowers go through changes in the drying and preservation process, and that those changes will include color changes and that the preservation process may cause or enhance bruises on flowers.

2. That if you send flowers that you have dried in advance that B&R is not responsible for mold, rot, or hairs that may be visible and/or emerge from the flowers during the preservation process.

3. That we cannot successfully preserve any pre-dried flowers that still contain any moisture.

4. Those flowers that have been placed in a refrigerator or freezer before they are sent to B&R will inevitably contain rot and mold and will not produce a satisfactory product.

5. That B&R reserves the right to refuse to preserve flowers that arrive damaged and/or wilted, wherein the opinion of B&R’s designer preservation attempts will not be successful. In such an instance, B&R will not be responsible to return the damaged and/or wilted flowers, although for an additional cost B&R may agree to shop for appropriate replacement flowers to most closely approximate your original arrangement.

6. That B&R is not responsible for lost or damaged products due to Acts of God affecting either the shipper or B&R, or for products lost or damaged in transit.

7. That resin can yellow or amber over time. That even in the best of conditions, this process is a natural process for which B&R assumes no liability.

8. Disclaimer of Warranties: B&R SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND ALL IMPLIED WARRANTIES (EITHER IN FACT OR BY OPERATION OF THE LAW) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, CUSTOMER USAGE OR TRADE.

9. Limitation of Liability: IN NO EVENT SHALL B&R, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE RESPONSIBLE FOR INDIRECT, SPECIAL, NOMINAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, OR FOR ANY PENALTIES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF IT HAD BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR CLAIMS BY A THIRD PARTY. B&R’S MAXIMUM LIABILITY FOR ANY CLAIM UNDER THIS CONTRACT SHALL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER, OR THE ACTUAL PROOF OF DAMAGES, WHICHEVER IS LESS. IT IS EXPRESSLY AGREED THAT YOUR REMEDY EXPRESSED HEREIN IS YOUR EXCLUSIVE REMEDY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

10. Should B&R incur legal expense in connection with any effort to collect monies due hereunder or to defend itself relative to any claims made hereunder, B&R shall be entitled, to the fullest extent under the law, to reasonable legal fees and costs associated therewith. This contract shall be governed by the applicable provisions of the law of the State of Tennessee.

11. Any claim you make for any type of damage under this contract shall be made in writing to B&R within thirty (30) days of delivery of the product you have purchased. Any failure to make a timely written claim shall be deemed a waiver by you.

12. If any provision of this contract is found to be ineffective or unenforceable for any reason, such provision shall be fully severable, and this contract shall be construed and enforced as if such provision never comprised a part of this contract. The remaining provisions of this contract shall remain in full force and effect and shall not be affected by any ineffective or unenforceable provision or by the severance from this contract.

Refund, Return, and Rescheduling Policy

Refunds:

  • If canceled at least 3 months before your flower arrival date, we will refund everything except a retainer fee of $200. 
  • If requesting a cancellation within 3 months of your reserved date no refunds are accepted. There are no expectations to this due to us preparing and buying materials before starting on your order.

Returns:

Per our disclaimer, all Blossom and Rhyme products are made without any warranty express or implied. 

Personalized, custom items are sold on an as-is basis and cannot be returned. 

Ready-made items may be returned within 7 days of purchase for a replacement item with the customer covering all shipping and handling costs.

Rescheduling:

Flower arrival dates may be rescheduled up to one month in advance without any additional fees. 

Lost or damaged bouquets:

Blossom and Rhyme is not responsible for lost, stolen or damaged bouquets. B&R is not liable for anything that happens to the flowers during the event or during transit. We prepare for each order by buying all necessary supplies ahead of time. We do not offer full refunds for lost, stolen or damaged bouquets. 

Options for those who have lost or damaged bouquet:

For lost bouquets during shipping only: proof of lost package/bouquet will be required to submit in a request for a refund. We offer 50% refunds for bouquets that are lost in the mail and proven to be by proof of tracking number. 

Clients are able to send B&R a replica bouquet through their original florist and overnight or drop off the flowers at our studio. (You may also dry the flowers with our drying instructions yourself then send them to B&R at a later time and save on overnight fees.) 

Clients are able to order a replica bouquet through our local florist in Chattanooga, TN for B&R employees to pick up the order for a service fee of $50. Contact us at [email protected] for the florists’ information.

Clients may use their order payment as a credit for any date within 1 year of the scheduled date.

Clients may still preserve their damaged bouquet with B&R. It is quite normal for some of the flowers to brown slightly in the mail. We usually can still preserve flowers that have undergone excessive bruising/browning (as long as the client knows that the final product will have bruising). However, if your flowers have excessive browning, molding, mildew and/or rotting, we cannot dry or preserve them up to our standards. 

COVID refund policy: 

No refunds will be made due to the cancellation of events due to covid after 3 months per our normal refund policy. 

We would be willing to discuss rescheduling with the client or exploring the above options.

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