Terms and Conditions of Agreement

 

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

 

You are contracting with Beautiful Blooms Arizona, LLC (BBAZ) 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 from your original fresh floral bouquet. You acknowledge as follows:

 

1. That all sales are final. There are no refunds issued for commissioned artwork as resin is non-refundable. All items are made to order and are completely customized. You are booking with the understanding that you are signing over a (your) used bouquet to BBAZ for the repurpose of a new product. You cannot ask for a refund or expect the return of your bouquet after the process has been started. If a chargeback is issued, BBAZ will pursue all legal matters available to protect BBAZ against theft of services.
2. That flowers go through changes in the drying, pressing and preservation process, and that those changes will include color changes and that the preservation process may cause or enhance bruises and/or translucent spots on flowers and some amount of bubbles. This also includes but is not limited to flowers shifting in the resin by some amount.
3. That if you send flowers that you have dried in advance, BBAZ is not responsible for mold, rot, or hairs that may be visible and/or emerge from the flowers during the preservation process.
4. That we cannot successfully preserve any pre-dried flowers that still contain any moisture. We cannot press pre-dried flowers.
5. Flowers that have been placed in a refrigerator or freezer before they are sent to BBAZ will inevitably contain rot and mold and will not produce a satisfactory product.
6. That BBAZ reserves the right to refuse to preserve flowers that arrive damaged and/or wilted, where in the opinion of BBAZ’s designer preservation attempts will not be successful. In such an instance, BBAZ will not be responsible to return the damaged and/or wilted flowers, although for an additional cost BBAZ may agree to shop for appropriate replacement flowers to most closely approximate your original arrangement.
7. That BBAZ is not responsible for lost or damaged products due to Acts of God affecting either the shipper or BBAZ, or for products lost or damaged in transit. BBAZ is not held liable or responsible for any changes made with the address confirmed at checkout.
8. That resin can yellow or amber over time. That even in the best of conditions, this process is a natural process for which BBAZ assumes no liability. Flowers pressed behind glass will change colors/brown over time and BBAZ is not responsible for these natural changes that the flowers will undergo.
9. That turnaround time of your custom order can be 8 -24 months due to a time consuming, hands-on process and a backlog of orders. If any custom order goes beyond 24 months for circumstances within our control, the client may receive a full refund. The exception to this is table orders. Table orders can take up to 18 months, if the order goes beyond 24 months, the client will be eligible for a full refund.
10. I understand that color correction is an artistic service we offer to the client to color match as close as possible to the original flowers while also reducing the amount of transparent spots and color changes. However, it will never be the exact same color as the original bouquet.
11. Beautiful Blooms Arizona has the right to cancel an order at any time under their sole discretion and seeing that the client business relationship will not be an adequate fit for any sort of satisfactory result.
12. Beautiful Blooms Arizona is not held responsible or liable for any injuries sustained in relation to the product.
13. Hot items should not ever be directly set on any resin piece including tables. Tables are for display only.
14. Disclaimer of Warranties: BBAZ 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.
15. Limitation of Liability: IN NO EVENT SHALL BBAZ, 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. BBAZ 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.
16. Should BBAZ incur legal expense in connection with any effort to collect monies due hereunder or to defend itself relative to any claims made hereunder, BBAZ 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 Arizona.
17. Any claim you make for any type of damage under this contract shall be made in writing to BBAZ 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.
18. 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.

 

 

Customers Signature: __________