1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Customer”) and Amanda Kitaura, doing business as Bloom (“Bloom,” “we,” “us,” or “our”), a sole proprietorship based in Sacramento, California. By accessing or using our website at bloomsubscription.com (the “Site”), placing an order, subscribing to any service, or otherwise engaging with Bloom, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, please do not use the Site or purchase any products or services from Bloom. We reserve the right to update these Terms at any time. Changes take effect when posted to the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

2. Description of Services

Bloom is a flower farm and floral design studio offering the following products and services:

• Flower Subscriptions: Recurring deliveries of arranged or DIY bouquets on a weekly, biweekly, or monthly basis within the greater Sacramento area.
• One-Time Flower Orders: Individual bouquet deliveries within the greater Sacramento area.
• The Flower Club: A monthly virtual flower arranging membership hosted in a private Facebook group, including live classes, tips, and community interaction. Requires a Facebook account.
• Workshops and Events: Ticketed in-person flower arranging workshops held at various Sacramento-area venues.
• Wedding Florals: Custom floral design for micro-weddings and elopements in the Sacramento area.
• Seasonal and Holiday Products: Limited-time offerings such as holiday wreath kits, Valentine’s Day flowers, Mother’s Day bouquets, and other seasonal items.
• Private Workshops: Custom private flower arranging sessions by arrangement.

3. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Site and purchase products or services from Bloom. By using the Site, you represent and warrant that you meet these eligibility requirements.

4. Subscription Terms and Automatic Renewal

4.1 Automatic Renewal Disclosure

IMPORTANT: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW. By purchasing a flower subscription or Flower Club membership, you are entering into an automatic renewal agreement. Your subscription will continue and your payment method will be charged at the then-current rate at the beginning of each renewal period (weekly, biweekly, or monthly, depending on your chosen plan) until you cancel. The renewal price may change; if it does, we will notify you at least seven (7) days before the change takes effect.

4.2 Consent to Automatic Renewal

By completing your subscription purchase, you provide your express affirmative consent to the automatic renewal terms described herein, as required by the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606). Bloom will retain verification of your consent for at least three (3) years or one (1) year after the termination of your subscription, whichever is longer.

4.3 Confirmation and Acknowledgment

After you subscribe, you will receive a confirmation email that includes: (a) the automatic renewal terms; (b) your cancellation policy; (c) the amount you will be charged and the frequency of charges; and (d) information on how to cancel. This confirmation will be sent in a manner that allows you to retain a copy for your records.

4.4 Cancellation of Subscriptions

You may cancel your subscription at any time through your online account at bloomsubscription.com. Log in to your account, navigate to your subscription settings, and follow the cancellation steps. Cancellation is effective at the end of your current billing period. No further charges will be applied after cancellation is processed.

Because we allow you to initiate your subscription online, we also allow you to cancel it exclusively online, without engaging in any steps that obstruct or delay your ability to terminate your subscription immediately. You will not be required to call, email, or take any additional action beyond using the online cancellation mechanism.

You may also cancel by emailing us at hello@bloomsubscription.com, but the online account method is the fastest and most direct way to cancel.

4.5 Annual Renewal Reminders

For subscriptions that continue for one year or longer, Bloom will send you an annual reminder at least 15 days before the renewal disclosing: (a) the product or service to which the automatic renewal applies; (b) the frequency and amount of charges associated with the renewal; and (c) the means by which you can cancel.

4.6 Price Changes

If the price of your subscription changes, Bloom will provide you with clear and conspicuous notice at least seven (7) days and no more than thirty (30) days before the new price takes effect. The notice will include the new price, the effective date, and how to cancel if you do not wish to continue at the new price.

5. The Flower Club Membership

The Flower Club is a monthly subscription membership. The automatic renewal terms in Section 4 apply to Flower Club memberships. The Flower Club is hosted in a private Facebook group. To participate in The Flower Club, you must have and maintain an active Facebook account. Bloom is not responsible for Facebook’s platform, its terms of service, its privacy practices, or any actions taken by Meta Platforms, Inc. (the parent company of Facebook). Your use of Facebook is governed by Facebook’s own Terms of Service and Privacy Policy.

Bloom does not guarantee uninterrupted access to the Facebook group, and service disruptions caused by Facebook are outside of Bloom’s control.

6. Orders and Payment

All prices are listed in U.S. dollars and are subject to change without prior notice (except for subscription price changes, which are subject to Section 4.6). Payment is processed at the time of purchase for one-time orders and at the beginning of each billing cycle for subscriptions. We accept payment methods as displayed at checkout, processed securely through our third-party payment processor. By submitting payment information, you represent that you are authorized to use the payment method provided.

Bloom reserves the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraud.

7. Delivery

Bloom delivers flowers to addresses within the greater Sacramento, California area. Delivery areas and schedules are organized by neighborhood to minimize environmental impact. Specific delivery dates may vary based on your neighborhood and subscription frequency.

Flowers are delivered to the address you provide and are left at your door in an upcycled container of water. Bloom is not responsible for flowers once they have been delivered to the specified address. If no one is available to receive the delivery, flowers will be left at the designated delivery location. It is your responsibility to ensure that the delivery address is accurate and that the delivery location is accessible and safe for unattended delivery.

Bloom does not ship flowers. All deliveries are made locally by hand within the Sacramento area.

8. Perishable Goods, Refunds, and Satisfaction

Flowers are perishable agricultural products. Due to the perishable nature of our products, all sales are generally final. However, if your flowers arrive in a damaged condition, please contact us at hello@bloomsubscription.com within 24 hours of delivery with a photo of the damaged flowers. We will, at our sole discretion, provide a replacement delivery or issue a refund or credit for the affected order.

Once flowers have been delivered to the specified address in good condition, the Customer assumes full responsibility for their care. Refunds or replacements will not be provided for flowers that have naturally wilted after delivery; flowers that have been damaged due to improper care, handling, or storage (including but not limited to exposure to excessive heat, direct sunlight, freezing temperatures, or failure to place flowers in water); orders where the delivery address provided was incorrect; or flowers left unattended at the Customer’s request that were subsequently damaged by weather, animals, theft, or other external factors. Bloom delivers flowers in water inside upcycled containers specifically to help them stay fresh, and customers are responsible for continuing to provide appropriate care after delivery.

For workshops and events, refunds may be available if cancellation is requested at least 48 hours before the event. No refunds will be issued for cancellations made less than 48 hours before the event or for no-shows.

Wedding and elopement floral services are subject to the terms of the individual service agreement entered into between you and Bloom for those services.

9. Intellectual Property

All content on the Site, including but not limited to text, images, photographs, graphics, logos, page layouts, and the overall design and appearance of the Site, is the property of Bloom or its content creators and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, display, or create derivative works from any content on the Site without our prior written consent.

The Bloom name, logo, and all related marks are trademarks or trade dress of Bloom. You may not use these marks without our prior written permission.

10. User Conduct

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of the Site by, any third party. You agree not to: (a) use the Site to transmit any unlawful, harassing, defamatory, or otherwise objectionable material; (b) attempt to gain unauthorized access to any portion of the Site or its systems; (c) use any automated means (including bots, scrapers, or spiders) to access the Site for any purpose without our express written permission; or (d) interfere with or disrupt the Site or its servers.

11. Third-Party Services and Links

The Site may contain links to third-party websites or services that are not owned or controlled by Bloom, including but not limited to Facebook (for The Flower Club), our payment processor, and email marketing services. Bloom is not responsible for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that Bloom shall not be liable for any damage or loss caused by or in connection with your use of any third-party content, services, or websites.

12. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLOOM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

BECAUSE FLOWERS ARE LIVING, PERISHABLE PRODUCTS, BLOOM CANNOT GUARANTEE EXACT FLOWER VARIETIES, COLORS, OR VASE LIFE. ARRANGEMENTS MAY VARY BASED ON SEASONAL AVAILABILITY. BLOOM RESERVES THE RIGHT TO SUBSTITUTE FLOWER VARIETIES OR COLORS BASED ON SEASONAL AVAILABILITY WITHOUT PRIOR NOTICE. THIS IS A FEATURE OF OUR LOCALLY GROWN, SEASONAL MODEL.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLOOM AND ITS OWNER, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF ANY PRODUCTS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY. BLOOM’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO BLOOM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, BLOOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Bloom and its owner, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or our services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content you submit or transmit through the Site.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the services provided by Bloom shall be resolved in the state or federal courts located in Sacramento County, California, and you consent to the personal jurisdiction and venue of such courts.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Bloom regarding your use of the Site and purchase of products and services. These Terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Bloom.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Bloom

Email: hello@bloomsubscription.com

Website: bloomsubscription.com