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Blue Eyed Blooms

Terms of Service

Last updated: November 9, 2026

Welcome to Blue Eyed Blooms, a boutique florist based in San Clemente, California, owned and operated by Ethnie Unger. These Terms of Service ("Terms") apply when you use our website, buy an arrangement, start or receive a flower subscription, or send us a wedding, event, or business inquiry. By using the site or placing an order, you agree to these Terms, our Privacy Policy, and our Delivery & Subscription Policies, which are part of these Terms.

If you do not agree, please do not use the site.

Who Can Order

You must be at least 18 years old, or using the site with the involvement of a parent or guardian, to make a purchase or create an account. You agree to give accurate information, including the correct recipient name, address, and phone number, and to keep your account login private. You are responsible for activity under your account.

Our Flowers and Products

Every arrangement is handmade

Our arrangements are designed by hand from fresh, seasonal flowers. Photos on the site show the style, palette, and size we aim for. Your arrangement will not be an exact copy of the photo, because no two stems, deliveries, or seasons are alike.

Substitutions

Flower availability changes with weather, growers, and the season. If a particular flower, color, or vase is not available, we may substitute items of equal or greater value that keep the overall look, color story, and feel of what you ordered. For a specific request that matters to you (for example, "no lilies" because of a pet, or a certain color), please add it in the order notes and we will do our best to honor it or contact you first.

Prices and taxes

Prices are listed in U.S. dollars and may change at any time, but a change will not affect an order we have already confirmed. Sales tax is added where required. Delivery fees are shown at checkout. If a pricing error is posted on the site, we may cancel the affected order and refund you in full.

Orders and Payment

  • An order is accepted when you receive our email confirmation. We may decline or cancel an order (with a full refund) if we cannot fill it, if the delivery address is outside our area, or if we suspect fraud.
  • Payments are processed securely by Stripe. By providing a payment method, you authorize us to charge it for your order, delivery fees, and taxes, and, for subscriptions, for each recurring charge you agree to.
  • Lead times, delivery windows, cutoffs, and holiday rules are described in our Delivery & Subscription Policies.

Perishable Goods, Returns, and Refunds

Fresh flowers are perishable, so we cannot accept returns. If something is wrong, we want to make it right:

  • Report it quickly. Email Ethnie@BlueEyedBlooms.com within 24 hours of delivery or pickup with a description and a photo of the arrangement. [Confirm: 24-hour reporting window]
  • Our remedy. If an arrangement arrives damaged, noticeably below our quality standard, or significantly different from what was ordered (beyond the substitutions described above), we will, at our choice, replace it or issue a full or partial refund or store credit.
  • Not covered. We are not responsible for problems caused by incorrect information you provided, a recipient being unavailable, leaving flowers in heat or direct sun, lack of water, pets, or the natural lifespan of cut flowers.
  • Cancellations. One-time orders may be canceled for a full refund up to 48 hours before the scheduled delivery or pickup. After that, flowers may already be purchased or designed, and we may offer store credit instead. [Confirm: cancellation window]

Nothing in these Terms limits any rights you have under California law that cannot be waived.

Flower Subscriptions

We offer recurring home flower subscriptions on a weekly, biweekly, or monthly schedule. By starting a subscription, you agree to the following, which are described in more detail in our Delivery & Subscription Policies:

  • Automatic renewal. Your subscription continues and renews automatically, and your payment method will be charged the price shown at checkout (plus any delivery fee and tax) for each delivery period, until you cancel.
  • Clear consent. Before you check out, we will show you the renewal terms, the price, how often you will be charged, and how to cancel, and ask for your affirmative agreement. After checkout, we email you an acknowledgment that includes these terms and how to cancel.
  • Cancel online any time. You can cancel online through your customer account with a single, clearly labeled "Cancel subscription" option, without having to call or email us. You may also cancel by emailing or calling us. Cancellation takes effect for any delivery not yet charged.
  • Pause and skip. You can pause, resume, or skip deliveries in your account.
  • Notice. To stop, pause, or skip the next delivery, make the change at least 48 hours before that delivery. [Confirm: notice period]
  • Price changes. If we change the price of your subscription, we will notify you by email before the change takes effect, with time to cancel.
  • Reminders. We will send the reminders and notices California's automatic renewal law requires, using the same channel (email) as your original acknowledgment.

Prepaid gift subscriptions

Gift subscriptions are prepaid for a set term (3 months or 6 months) and do not automatically renew. They end after the final prepaid delivery. Details on scheduling, changes, and unused deliveries are in our Delivery & Subscription Policies.

Weddings, Events, and Business Accounts

Our website accepts inquiries only for weddings, events, and recurring business, hospitality, and restaurant flowers. Submitting an inquiry form does not create a booking, reserve a date, or obligate either of us to anything, and we never charge you automatically through an inquiry.

If we move forward together, we will provide a written proposal and a separate agreement that sets out the design, quantities, pricing, deposit or retainer, payment schedule, cancellation and date-change terms, rentals and vessel returns, setup and breakdown, and any other details. That signed agreement controls the event or account and takes priority over these Terms if the two conflict.

In general, florists (including us) reserve dates only with a signed agreement and deposit, may need to substitute flowers of similar style and value due to seasonality, and retain ownership of vases, vessels, and rental items unless the agreement says otherwise.

Content You Send Us

When you upload photos or other materials with an inquiry (inspiration images, venue photos, swatches), you confirm that you have the right to share them. You give us a limited permission to store, view, and use them only to understand your request, prepare a quote, and plan your order. We will not publish your uploaded photos without your separate permission.

Please do not upload anything unlawful, offensive, or that belongs to someone else without their permission.

Photos of Our Work

We love to share our designs. We may photograph the arrangements and installations we create and use those images in our portfolio, website, and social media, including Instagram. We will not identify a customer or recipient by name, or post an identifiable photo of a person, without permission. If you would prefer we not share photos of your order or event, just tell us and we will respect that. For events, photo arrangements may also be addressed in your signed agreement.

If you tag us or share photos of our flowers on social media, you allow us to repost them with credit to you. You can ask us to take a repost down at any time.

Our Website and Intellectual Property

The Blue Eyed Blooms name, logo, photographs, arrangement designs, text, and site design belong to Blue Eyed Blooms or our licensors and are protected by law. You may view and share pages for personal, non-commercial use. You may not copy, republish, or use our photos or content commercially without written permission.

You agree not to misuse the site, including by attempting to break security, interfere with checkout, scrape content, submit false orders or inquiries, or use the site for unlawful purposes.

Third-party services

Our site relies on services provided by others, including Stripe (payments), Google Firebase (data and accounts), Vercel (hosting), an email delivery service, and an embedded Instagram feed. Your use of those services may also be subject to their terms. We are not responsible for the availability or content of third-party services.

Disclaimers

Except as stated in these Terms, the site and our products are provided "as is" and "as available." We do our best to keep the site accurate and running, but we do not promise it will always be error-free or uninterrupted. Cut flowers and plants are natural products; we cannot guarantee how long they will last, and some flowers and foliage can be harmful to pets or people if eaten. Please keep arrangements away from pets and small children and ask us if you have concerns about specific flowers or allergies.

Limitation of Liability

To the fullest extent permitted by law:

  • Our total liability for any claim related to an order, subscription, or the site is limited to the amount you paid for the specific order or subscription period involved.
  • We are not liable for indirect, incidental, special, or consequential damages, such as lost profits or emotional distress from a missed or late delivery.
  • We are not responsible for delays or failures caused by events outside our reasonable control, such as severe weather, wildfire, power outages, road closures, supplier shortages, illness, or other emergencies.

Some of these limits may not apply to you if California law does not allow them.

Indemnity

If you use the site in violation of these Terms or the law, or upload content you do not have the right to share, you agree to cover reasonable losses and costs we incur as a result, to the extent permitted by law.

Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. If you have a concern, please contact us first; most issues can be solved with a quick conversation. If we cannot resolve it, either of us may bring a claim in small claims court where eligible, or otherwise in the state or federal courts located in Orange County, California. [Confirm with attorney: whether to add an arbitration clause]

Changes to These Terms

We may update these Terms from time to time. The "Last updated" date shows when they last changed. Changes apply to orders placed after the update. For active subscriptions, we will email you about material changes before they take effect, and you may cancel if you do not agree.

General

If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. These Terms, our policies, and any signed event or business agreement are the full agreement between you and us about their subject.

Contact Us

Blue Eyed Blooms San Clemente, California Email: Ethnie@BlueEyedBlooms.com Phone: 714-316-4338