Terms of Service
Last Updated: March 23, 2025
Welcome to Blooms By Beth
These Terms of Service ("Terms") govern your access to and use of bloomsbybethchs.com (the "Site") and all content, services, and products available through the Site (collectively, the "Services"), operated by Blooms By Beth ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.
1. Account Registration and Security
Some features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2. Products and Services
2.1 Product Descriptions
We strive to accurately describe our products and services on the Site. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
2.2 Availability and Pricing
All products and services are subject to availability. Prices for products are subject to change without notice. We reserve the right to limit quantities of any products or services that we offer.
2.3 Plant Health and Viability
While we take great care to provide healthy, viable plants, living plants are subject to natural variations and environmental factors beyond our control. We cannot guarantee specific growth patterns, blooming times, or long-term viability after plants leave our care.
3. Orders and Payment
3.1 Order Acceptance
Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to limit or cancel quantities purchased per person, per household, or per order, or to refuse service to anyone at any time.
3.2 Payment Terms
You agree to pay all charges at the prices listed at the time of your purchase. All payments must be made through the payment methods we offer on the Site.
3.3 Sales Tax
We collect sales tax in accordance with South Carolina state laws. If you are exempt from sales tax, please contact us with appropriate documentation.
4. Shipping and Delivery
4.1 Shipping Policies
Shipping methods, timeframes, and costs will be displayed during checkout. We are not responsible for delays caused by carriers, weather events, or other circumstances beyond our control.
4.2 Local Delivery
For local delivery in the Charleston area, additional terms and delivery zones may apply as indicated on our Site.
4.3 Risk of Loss
Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier or, for local deliveries, when delivered to your specified address.
5. Returns and Refunds
5.1 Plant Products
Due to the perishable nature of our plant products, all sales are final unless the plant arrives damaged or significantly different from its description. Claims must be made within 48 hours of receipt.
5.2 Non-Plant Products
For non-plant merchandise, returns may be accepted within 14 days of purchase if the item is unused and in its original packaging. A restocking fee may apply.
5.3 Refund Process
Approved refunds will be processed to the original method of payment. Processing times may vary depending on your payment provider.
6. Intellectual Property
6.1 Site Content
All content on the Site, including text, graphics, logos, images, and software, is the property of Blooms By Beth or its content suppliers and is protected by United States and international copyright laws.
6.2 Use Limitations
You may access, use, and display the Site on a single computer or device and download and print content only for non-commercial, informational, personal use.
6.3 Restrictions
You may not reproduce, modify, distribute, display, sell, or transmit any content from the Site for any commercial purpose without our prior written consent.
7. User Conduct
You agree not to:
- Use the Site in any way that violates any applicable laws or regulations
- Use the Site to transmit harmful code or interfere with its functionality
- Harvest or collect personally identifiable information from the Site
- Impersonate or attempt to impersonate Blooms By Beth or its employees
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
8. Disclaimers and Limitations of Liability
8.1 Warranty Disclaimer
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2 Limitation of Liability
IN NO EVENT SHALL BLOOMS BY BETH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE.
8.3 Gardening Results
We provide gardening information as general guidance only. Results in your garden depend on many factors including climate, soil conditions, and care practices. We cannot guarantee specific gardening outcomes.
9. Indemnification
You agree to indemnify, defend, and hold harmless Blooms By Beth and its officers, directors, employees, agents, and suppliers from any claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising from or relating to your use of the Site or any violation of these Terms.
10. Termination
We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Site, us, or third parties, or for any other reason.
11. Governing Law
These Terms shall be governed by the laws of the State of South Carolina, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in the state or federal courts located in Charleston County, South Carolina.
12. Changes to Terms
We reserve the right to modify these Terms at any time. All changes are effective immediately when posted on the Site. Your continued use of the Site following the posting of revised Terms means you accept and agree to the changes.
13. Contact Information
Questions about the Terms should be sent to us at:
Blooms By Beth
1130 Greenview Lane
Mount Pleasant, SC 29464
plant@bloomsbybethchs.com
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Blooms By Beth concerning the Site and supersede all prior agreements and understandings with respect to the same.