The following Terms and Conditions govern the use of our website at, or linked to, the following URL: The Arrogant Bloom Art and Floral design By using our Site, you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and Conditions , that you (a) agree to follow these Terms and Conditions and all applicable laws and regulations governing our Sites, and that you (b) represent and warrant that you are at least 18 years old, are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes on our Sites as if a resident, and have the right, authority, and capacity to enter into these Terms and Conditions (either on behalf of yourself or the entity you represent if you are using this Site on behalf of an entity). If you do not agree with the foregoing, you are not authorized to use the Sites.
These Terms and Conditions are a legal agreement between you and The Arrogant Bloom. These Terms and Conditions, constitute the entire agreement between you and The Arrogant Bloom regarding the subject matter hereof. Any offer by The Arrogant Bloom Art and Floral Designs is conditioned on your acceptance of these Terms and Conditions.
Modification to Terms and Conditions
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site. If you violate these Terms and Conditions, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bar menue of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
Intellectual Property Rights of The Arrogant Bloom Art and Floral designs
Our Site is owned and operated by us and is © 2016 ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on our Site, as well as the selection, assembly and arrangement thereof, the ability to order products and services, and promotional emails. Unless otherwise specified, all Site Content is the sole property of The Arrogant Bloom Art and Floral design. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
Permitted Use and Restrictions
You agree that you are only authorized to visit, view, download, print, and retain a copy of pages of the Site for your own personal use.
We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of our Site. If you download, print, or retain a copy of pages of the Site, you may not remove these notices or credits or any additional information accompanying such notices and credits.
Except as expressly provided above, you shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the Site (including the Site Content) (in whole or in part), unless otherwise specifically authorized by us to do so in writing. You may not access the Site (including the Site Content) to build similar or competing Sites. You may not disassemble, reverse compile or reverse engineer any software contained on the Site. If you wish to obtain permission to reprint or reproduce any Site Content you may contact us at . We reserve the right to modify, suspend, or discontinue the Site or any part thereof without notice to you. Any updates to the Site shall be subject to these Terms and Conditions.
Violation of the Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, our Site and to any services offered on our Site, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or the rights of The Arrogant Bloom Art and Floral design or another user. We will have no liability to you for any deletion of your User Content.
License Granted by You
Acceptable Use Policy
You agree that your User Content will not (a) plagiarize, violate or infringe upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, nor (b) contain unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
You agree that you will not use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site; or (g) engage in any illegal activities.
We welcome all comments, feedback, information, or materials regarding our Site (“comments”), which you submit to us by email or otherwise through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of The Arrogant Bloom. By submitting Feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis.
Ordering Products and Services
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Site, Phone or third party orders.
Prices; Colors; Availability
All prices listed on the Site are subject to change. In the event a product (including, but not limited to, flowers, plants, floral arrangements, and other products) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
The availability of products and other items on each of the Sites may change at any time, without notice.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
For each product or service you order the Site, by phone or third party , you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and The arrogant Bloom art and Floral Design have agreed to an alternate billing arrangement in writing signed by The Arrogant Bloom art and Floral design, The arrogant Bloom will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products.
We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of New York.
Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on The arrogant Bloom net income), on orders shipped to any other state or on orders shipped outside the United States.
We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
Shipping and Delivery
The Arrogant Bloom art and floral Design, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.
The Arroagnt Bloom is not responsible for:
Flowers, plants, products and preserved items delivered to incorrect addresses supplied by the sender.
Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
Product quality problems caused by improper handling by the recipient.
Weekly accounts deliveries :1. Prices for the weekly delivery service will be reviewed annually. This may result in a price rise to take into consideration factors outside of our control, such as inflation rates and delivery costs. 3. Delivery dates may be subject to change, provided clear notification is given. 4. Order is deemed as received once the delivery arrives at the agreed location. 5. The contract for the delivery services will be on an ongoing basis. 6. The client has the right to examine the flowers on arrival and must provide verbal notification within 24 hours of any dissatisfaction in regard to condition, quality, defects or grade of the production followed by Written notification is required as well as pictures.
The Arrogant Bloom have the option to replace or refund the invoice price of such undelivered or defective items. 7. Once the flowers have been delivered and accepted, no return will be accepted. 8. Payment terms are according to the invoice. 9. The flowers shall remain the property of The Arrogant Bloom, until payment has been received. 10. The contract for services can be terminated at any stage following a minimum cancelation period of fourteen days. Termination must be provided in writing. 11. Vases and containers are supplied on a loan basis only and at no stage are owned by the client. 12. Any damage caused to vases and containers must be paid for by the client at the current market selling price. 13. Arrangements delivered may be photographed for use on The Arrogant Bloom promotion material, unless specifically stated otherwise by the client.
1. A quotation for the cost of your wedding flowers will be sent out to you soon after your initial consultation. This is a guide price and will be subject to change following the detailed consultation to account for any changes you make nearer to the wedding day and reflect the market cost of the flowers at the time of ordering. Seven days after the quote has been issued you will be required to sign our wedding contract. This will be countersigned by The Arrogant Bloom upon receiving the booking deposit and will then form a binding contract. 2. A $150 booking deposit is required to hold and book your wedding date. This should be paid during the initial consultation or with the return of the signed contract. This deposit will be subtracted from your final wedding bill. If for any reason you decide to cancel your wedding, this deposit is non-refundable. If you decide to postpone your wedding, we will hold the deposit until the wedding goes ahead and may be subject to rearrangement fees. 3. Once your wedding date is booked with us, you should arrange a further detailed consultation approximately 4 - 6 weeks before your wedding day. This is to finalise the arrangements and discuss any last minute changes. 4. All wedding consultations will be made by appointment only. The initial and detailed consultations are complimentary. We will be available for contact by phone and email at any stage to answer any questions and queries you may have. Further requests for consultations may be charged. 5. Any changes made to a wedding order must be submitted in writing by the bride, groom or appointed acting party. We order your wedding flowers approximately ten to fourteen days before your wedding date, dependent on type of flowers chosen. You will not be allowed to make any changes after the order has been placed without additional fees. We will however try to make small changes where possible to accommodate your needs. 6. As fresh flowers and foliage are living products, there are occasions when particular varieties may be unavailable. Whilst every effort is made to source products accordingly, sometimes we are unable to obtain a particular type of flower. All fresh flowers and foliage are subject to availability and stringent quality checks, as such The Arrogant Bloom reserve the right to use a similar flower in place of the previously chosen flower. 7. The final invoice for your wedding flowers will be issued to you after your detailed consultation. The final payment must be paid in full 30 days before the wedding. The Arrogant Bloom reserves the right to cancel any wedding flowers, if payment is not made by this date. We are not obliged to offer any compensation for inconvenience caused. 8. Prices quoted will take into consideration a premium for weddings occurring over Valentine’s Day, Mother’s Day weekend and any holiday. 9. We require a signature from yourself or an appointed person when you receive your flowers to confirm their delivery is of acceptable condition and that quantities are correct. Any queries must be raised within 1 hour of delivery. 10. Cancellation Charges Any cancellations made within 90 days of the booked event: No deposit refundable. Any cancellations made within 60 days of the booked event: No deposit refundable and administration charge will be applicable of $75.00. Any cancellations made within 30 days of the booked event: No deposit refundable and 50% of the final balance will be required. Any cancellations within 14 days of the booked event: Full balance will be required.
Order Cancellation Policy
The Arrogant Bloom Art and Floral Design does not allow orders to be edited or cancelled after acceptance of the order pursuant to our Order Acceptance Policy described above or, if earlier, within forty-eight (48) hours of the requested delivery date or within the seven (7) days prior to Thanksgiving, Christmas, Valentine’s Day, Father’s Day or Mother’s Day (because of our extremely high volume of orders during these times).
Guarantee and Disclaimers
The arrogant Bloom Art and Floral design, guarantees that (a) its flowers ordered on the will be fresh for at least five (5) days after delivery; (b) its plants will be fresh for at least fourteen (14) days after delivery; and (c) you will be completely satisfied with any products ordered on the site.
With respect to any of our guarantees, our sole and exclusive obligation or liability and your sole and exclusive remedy will be, in our discretion, to refund the purchase price or to replace and deliver equivalent product items, as soon as reasonably possible.
Limitation of Liability
You agree that, except as explicitly set forth herein, The Arrogant Bloom Art and floral Design, its directors, officers, employees, representatives, successors, licensors, and suppliers shall not be liable to you or any third party for any of the following types of damages related in any way to our relationship with you (including our products, services, or site content) or third-party materials or web sites: indirect, exemplary, special, incidental, punitive or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, related to our products or your access to, and use of, our sites or any other hyper-linked third party web site, even if we have been advised of, or are aware of, the possibility of such damages.
Notwithstanding the anything to the contrary, our liability to you for any damages arising from or related in any way to our relationship with you (including our products, services, or site content), or third-party materials or web sites (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount paid toThe arrogant Bloom for the applicable transaction giving rise to the liability, or, if there is no paid transaction related to the liability, the lesser of the amounts paid by you to The Arroagnt Bloom Art and Floral design in the prior twelve (12) months and fifty dollars ($50).
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
Basis of Bargain
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between The Arrogant Bloom art and Floral Design and you. The Arrogant Bloom would not be able to provide the site (including the products, services, and site content) on an economically acceptable basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of The Arrogant Bloom Art and Floral Design’s suppliers.