CUSTOMER TERMS & CONDITIONS

INTERNATIONAL CUSTOMERS: Contact our office regarding shipments outside the continental US.

PROPRIETARY RIGHTS
BloemBox website, including but not limited to designs, text, graphics, images and information are proprietary property of Wildflowers International, Inc./BloemBox (WFI/BB). No site content may be modified, copied, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form, in whole or in part, without WFI/BB's prior written permission.

TRADEMARKS
BloemBox graphics, logo, designs and product names are registered trademarks of WFI/BB. They may not be used in connection with any other product in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without prior written permission of BloemBox. The BloemBox name and/or logo and product name must be displayed on the product and mentioned in any promotion, advertisement and sale of the product.

PRICES
Prices are in US Dollars and subject to change without notice. Prices charged will be those in effect at the time of shipment.

RETAIL PAYMENT TERMS
We accept payment by Visa, MasterCard and Discover. In stock items typically ship within the week of order date. Custom orders are charged at the time of order regardless of ship date. We do not accept COD.

WHOLESALE PAYMENT TERMS
Orders are charged to Visa, MasterCard or American Express 48 to 72 hours prior to the ship date. Custom orders are charged at time of order or 30%-50% prepayment for customers with terms. Buyer can apply for credit terms after purchasing $1,000+ within a current 12 month period. Please allow 3 weeks for processing credit references. Upon approval of credit, terms are net 30 days from date of invoice, payable in US Dollars. Customers with net 30 accounts can pay by credit card at the time of purchase. If payment is made by credit card at a later date there is an additional 3.5% processing fee. We also accept checks and EFT (and PayPal). We do not accept COD. A finance charge of 1-1/2% per month (18% annual rate) is added to all unpaid invoices over 30 days. In addition, the customer agrees to reimburse WFI/BB for all damages, costs, collection fees, reasonable attorney fees and other losses or expenses which may be incurred in obtaining payment.

WHOLESALE SELLER’S PERMIT
Buyer must file with WFI/BB, prior to the shipment of an order, a resale certificate indicating a valid seller’s permit number for goods purchased and declaration that goods are for resale.

CROP SHORTAGES, SUBSTITUTIONS & DELIVERY DELAYS
All products are subject to availability. In the event of a crop failure or shortage, WFI/BB will notify buyer and recommend the closest substitution. WFI/BB is not responsible for loss or damage caused by delays in delivery from strikes, terrorism, acts of war, fire, casualty, inability to obtain component materials, or other causes beyond WFI/BB control.

RETAIL FREIGHT & HANDLING
UPS charges are prepaid and added to the invoice. WFI/BB is not responsible for duties, taxes, brokerage fees or any import fees associated with an international shipment.

WHOLESALE FREIGHT & HANDLING
UPS charges, cartons and/or shippers are prepaid and added to the invoice. Drop-ship orders are an additional minimum of $3.00 per address depending on customer requirements. Truck shipments must be authorized by buyer and are freight-collect unless other arrangements are approved. Please call for a current freight estimate. WFI/BB is not responsible for duties, taxes, brokerage fees or any import fees associated with an international shipment.

FOB ORIGIN
Seeds, bulbs and other products are shipped freight on board (FOB) origin, freight-prepaid. The merchandise becomes the buyer’s property at the time of pick-up by the carrier. In case of any loss or damage, buyer must notify carrier and WFI/BB within 24 hours of receipt. Do not refuse the shipment as this will void WFI/BB right to make a claim against the carrier for damages. Take digital images of damaged carton(s), inner box(es) and products. Save damaged products and packaging material. The carrier may need to inspect the damages before a claim is paid.

RETURNS
Due to the perishability and giftability of our products, we are unable to accept returns for anything other than defective merchandise or an order processing error. For bulb kits we strongly recommend express shipping to avoid possible environmental risk. Replacements for damaged goods may be available and at WFI/BB’s discretion.

ORDER CANCELLATION
To cancel an order, buyer must immediately call, email or fax a cancellation request. Cancelled orders are subject to a restocking fee. Orders for 30+ units are subject to the following fees: 10% after receipt of order, 25% after 14 days, 50% after 21 days and 100% after 30 days. Custom orders are subject to 50% cancellation fees prior to production and 100% after production. An order cannot be cancelled after it has been picked up by the carrier.

NOTICE TO BUYER
WFI/BB warrants only that the seeds, bulbs and other products sold have been labeled as required by law and that they conform within recognized tolerances to the label descriptions. No other warranty is expressed or implied. We cannot guarantee establishment of plants due to various factors over which we have no control. WFI/BB specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. Any recommendations for use of these products in connection therewith, are based upon WFI/BB judgment, and there is no warranty of results to be obtained from such recommendations.

LIMITATION OF LIABILITY
Buyer’s sole and exclusive remedies for any loss or damages shall be, at WFI/BB’s discretion and may result in a refund of the purchase price of the seeds, bulbs and other products or replacement in kind and quantity. In no event shall WFI/BB be liable for any other incidental or consequential damages (including loss of sales/profits) of any kind, whether based on contract, tort, or any other legal theory. Buyer must present claims for any product defect to seller as soon as practicable and in any event within 30 days of receipt of goods. By accepting the seeds, bulbs and other products, the buyer acknowledges that the disclaimers and limitations described herein are conditions of sale and that they constitute the entire agreement between the parties regarding warranty and liability.