Terms and Conditions
Effective date: September 17, 2026
These Ecommerce Terms and Conditions (“Terms”) govern purchases made through Bloomin Designs Nursery at www.bloomindesigns.com. Throughout these Terms, “Bloomin Designs,” “we,” “us,” and “our” refer to [full legal business name], doing business as Bloomin Designs Nursery.
By placing an order through our website, you acknowledge that you have reviewed and agree to these Terms, along with our Privacy Policy, Shipping Policy, Return and Refund Policy, and Live-Arrival Guarantee.
- Eligibility to Place an Order
You must be at least 18 years old, or have the permission of a parent or legal guardian, to place an order. You agree to provide accurate billing, shipping, contact, and payment information.
We may decline or cancel an order when we reasonably believe that the order contains inaccurate information, involves suspected fraud, violates applicable law, or cannot be fulfilled.
- Live Plants and Natural Variation
Plants are living products. Natural differences in size, shape, branching, foliage, bloom stage, dormancy, and seasonal appearance should be expected.
Product photographs are representative examples and do not guarantee that an individual plant will have the identical appearance, number of stems, flowers, or maturity shown in a photograph.
Some plants may be shipped dormant, recently trimmed, not in bloom, or with reduced foliage depending on the plant, season, weather, and shipping requirements. These conditions do not necessarily indicate that a plant is unhealthy.
- Product Information
We make reasonable efforts to provide accurate botanical names, descriptions, photographs, mature sizes, bloom periods, hardiness zones, and growing recommendations. Plant characteristics can vary with climate, soil, moisture, sunlight, local conditions, and horticultural practices.
Information on our website is provided for general gardening and educational purposes. Customers remain responsible for determining whether a plant is appropriate for their location and intended use.
If information on a product page conflicts with information provided during checkout or in an order confirmation, please contact us before planting or discarding the plant or its packaging.
- Availability and Order Acceptance
Adding a product to a shopping cart does not reserve the product.
An automated order confirmation acknowledges that we received your order; it does not necessarily mean that we have accepted or shipped the order. An order is accepted when we begin processing it for shipment or send a shipping confirmation.
Live-plant inventory can change because of crop conditions, weather, quality inspections, or supplier availability. If an ordered plant becomes unavailable, we may contact you concerning an appropriate substitute, store credit, delayed shipment, or refund.
We will not substitute a materially different plant without your permission unless the product listing or order expressly authorizes substitutions.
- Prices, Payment, and Taxes
Prices are stated in U.S. dollars and may change without notice. The price charged will generally be the price displayed when the order is submitted, subject to correction of obvious pricing or listing errors.
Applicable shipping charges, taxes, and other disclosed charges will be shown before payment is completed.
You authorize us and our payment processor to charge the payment method provided for the complete order total. We may cancel an order resulting from a clear pricing, typographical, inventory, or technical error and will refund any amount collected for the cancelled item.
- Shipping and Delivery
Orders are shipped only to destinations we currently serve. Available shipping destinations and applicable charges are shown during checkout or described in our Shipping Policy.
Any shipment or delivery date is an estimate unless we expressly state otherwise. Weather, carrier interruptions, crop readiness, agricultural inspections, and other conditions may affect shipping.
If we cannot ship within the time stated when the order was placed, we will provide any notice, cancellation opportunity, or refund required by applicable law.
Risk associated with an incorrectly entered or incomplete shipping address may remain with the customer. Customers should review the shipping address carefully before submitting an order and contact us promptly if a correction is needed.
Once an order is in the carrier’s possession, delivery scans and estimated delivery dates are controlled by the carrier. This does not limit any protection expressly provided under our Live-Arrival Guarantee.
- Agricultural and Geographic Restrictions
Plants may be subject to federal, state, or local agricultural restrictions. Certain plants cannot be shipped to particular states, counties, territories, or quarantine areas.
We may cancel restricted items or orders when shipment would violate an agricultural rule or when required documentation or inspection cannot reasonably be obtained. Any amount collected for a cancelled item will be refunded.
The customer is responsible for complying with laws governing the possession, planting, or use of plants at the delivery destination.
- Receiving and Inspecting Live Plants
Customers should open the package and inspect live plants promptly after delivery.
Claims involving shipping damage, plant condition, missing items, or incorrect items must be submitted in accordance with our current Live-Arrival Guarantee and Return and Refund Policy. Those policies explain applicable reporting periods, required photographs or documentation, package-retention requirements, and available remedies.
Please do not discard a plant, shipping carton, packing material, or label while a claim is being evaluated if we request that those materials be retained.
Our Live-Arrival Guarantee applies to the plant’s condition upon arrival under the terms stated in that policy. It is not a guarantee that a plant will survive indefinitely or perform successfully after planting.
- Cancellations and Order Changes
Requests to cancel or change an order should be submitted as soon as possible.
Because live-plant orders may be selected, inspected, packed, or scheduled quickly, we cannot guarantee that an order can be changed or cancelled after processing begins. Orders that have shipped cannot be cancelled.
Approved refunds will be issued to the original payment method unless another method is required by law or agreed upon by both parties.
- Growing Results
Successful plant performance depends on factors outside our control, including weather, hardiness zone, soil, drainage, watering, sunlight, planting depth, maintenance, pests, wildlife, chemical exposure, and care after delivery.
Except for the protections expressly stated in our Live-Arrival Guarantee, we do not guarantee establishment, flowering, mature size, growth rate, winter survival, resistance to deer or other wildlife, or performance in a particular garden.
Terms such as “deer resistant,” “drought tolerant,” “low maintenance,” and “pollinator friendly” describe generally recognized plant characteristics. They do not represent absolute guarantees under every condition.
- Website Use and Intellectual Property
The website and its original text, graphics, plant descriptions, photographs, videos, logos, guides, and other content are owned by or licensed to Bloomin Designs Nursery and are protected by applicable intellectual-property laws.
You may use the website for personal, noncommercial shopping and gardening-information purposes. You may not copy, republish, sell, scrape, distribute, or commercially exploit website content without written permission.
Supplier photographs, trademarks, and product information remain the property of their respective owners.
- Reviews and Customer-Submitted Content
If you submit a review, photograph, comment, question, or other content, you confirm that it reflects your honest experience and does not violate another person’s rights.
You grant Bloomin Designs Nursery a nonexclusive, royalty-free right to display, reproduce, and use submitted content in connection with our website, customer service, and marketing, unless prohibited by law.
We may decline or remove content that is unlawful, fraudulent, threatening, abusive, unrelated to the product, contains private information, or infringes another person’s rights. We will not suppress a review merely because it expresses a negative opinion.
- Disclaimer of Warranties
To the fullest extent permitted by applicable law, products and website content are provided subject to the express warranties and remedies stated in our published policies.
Except for those express protections, we disclaim implied warranties to the extent the law permits. Nothing in these Terms excludes a warranty, remedy, or consumer right that cannot lawfully be excluded.
- Limitation of Liability
To the fullest extent permitted by law, Bloomin Designs Nursery will not be responsible for indirect, incidental, special, or consequential losses resulting from use of a product or the website.
Our total liability arising from a product purchase will not exceed the amount paid for the product giving rise to the claim, except where a greater remedy is required by law.
These limitations do not apply where liability cannot legally be limited or excluded.
- Privacy and Electronic Communications
Our collection and use of personal information are governed by our Privacy Policy.
When you place an order, you consent to receive transactional communications concerning the order, including confirmations, shipping notices, delay notices, customer-service messages, and recall or plant-health information.
Marketing communications are handled separately, and you may unsubscribe from marketing emails as described in those messages.
- Governing Law
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except where another jurisdiction’s consumer-protection law must apply.
Any legal proceeding arising from these Terms or an order will be brought in a court of competent jurisdiction in Forsyth County, Georgia, unless applicable law requires a different location.
- Severability and Waiver
If any provision of these Terms is held unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
A failure to enforce a provision on one occasion does not waive our right to enforce it later.
- Changes to These Terms
We may update these Terms periodically. The version in effect when an order is placed will generally govern that order.
The effective date shown at the top identifies the current version. Material changes will not be applied retroactively where doing so would unlawfully reduce an existing customer right.
- Contact Us
Questions about these Terms or an order may be submitted through our website’s Contact Us page or directed to:
Bloomin Designs Nursery
415 Peachtree Pkwy
Ste 250 #5061
Cumming, GA 30041
info@bloomindesigns.com
678-376-7987