Terms of service
Last Updated: October 10, 2025
These Terms of Service (“Terms”) are a legally binding agreement between you and EDEN FLOWERS, LLC (d/b/a “BloomsPal”) (“BloomsPal,” “we,” “us,” or “our”) governing your access to and use of our websites, online portals, and mobile applications (collectively, the “Site”) and the services we provide through them (the “Services”).
By accessing or using the Services, you agree to these Terms and to our Privacy Policy (incorporated by reference). If you do not agree, do not use the Services.
We may update these Terms from time to time. When we do, we will post the revised Terms with the “Last Updated” date above. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.
1) What BloomsPal Does
BloomsPal operates a digital commerce and logistics platform that enables the sale, international fulfillment, and delivery of agricultural products, flowers, packaged foods, and other natural consumer goods sourced from Latin America (“Products”) to customers in the United States and other markets.
Depending on the specific transaction, BloomsPal may (i) sell Products directly, or (ii) act as an intermediary connecting independent suppliers, brands, farms, and manufacturers (“Suppliers”) and logistics providers or last-mile carriers (“Fulfillment Partners” or “Couriers”) with end customers (“Customers”). Where Products are listed and sold by a Supplier, your purchase contract is with that Supplier.
We facilitate ordering, payments, cross-border logistics and limited issue resolution; we are not responsible for the manufacture of Products we do not make, nor for the operations of independent Suppliers or Couriers.
Because many Products are perishable, reasonable substitutions of equal or greater value and natural variations in color/variety/packaging may occur based on seasonality and availability.
2) Eligibility & Accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. Some features may require an account. You agree to provide accurate, current information and to keep your credentials confidential. You are responsible for all activity under your account and must notify us promptly of any unauthorized use.
We may refuse, suspend, or terminate accounts or access at our discretion, including for violations of these Terms or risks to our community or operations.
3) Orders, Pricing, Payment & Taxes
Orders. Placing an order is an offer to buy. We may accept or decline any order (e.g., due to availability, errors, compliance checks, or fraud concerns). If an item is unavailable, we may cancel, refund, or offer a substitution.
Pricing. Prices are in U.S. dollars unless stated otherwise and may change without notice. Applicable taxes, shipping, handling, and other fees will be shown at checkout. From time to time, subtotals may be estimates; the final amount is confirmed at checkout.
Payment. You authorize BloomsPal and our third-party payment processors to charge your selected payment method for the full order total (including taxes, shipping, and optional tips). Payment processing is provided by third parties and is subject to their terms and privacy policies.
Promotions/Credits. Discounts, promo codes, and credits are personal, non-transferable, and may be modified, suspended, or revoked at our discretion, subject to their specific terms.
4) Fulfillment, Shipping & Risk of Loss
Orders may be fulfilled by BloomsPal, by Suppliers, or by Fulfillment Partners. Delivery windows are estimates and are not guaranteed; cross-border shipments may be affected by customs, inspections, weather, or carrier capacity.
Risk of loss passes to you upon delivery to the address you provide (including to a receptionist/concierge or other designated recipient). If no one is available to receive a perishable delivery, the order may be left in a reasonably secure location or delivery may be rescheduled as feasible.
Returns. Due to the perishable nature of many Products, we generally cannot accept returns once delivered. Please inspect items upon receipt and contact support@bloomspal.com within 24 hours with photos if something is missing, damaged, or incorrect. At our discretion, we may provide a replacement, credit, or refund.
5) Suppliers, Fulfillment Partners & Couriers
Suppliers and Couriers are independent contractors, not employees, agents, partners, or franchisees of BloomsPal. They are solely responsible for their compliance with all applicable laws and standards (including safety, labeling, export/import, and health regulations) and for the accuracy of their listings.
To the maximum extent permitted by law, BloomsPal is not liable for the acts, omissions, or representations of any Supplier or Courier.
6) Mobile Services & Communications (Email/SMS)
The Services may be accessible via mobile devices. Your carrier’s standard data/SMS rates may apply. By providing your contact information or using the Services, you consent to receive communications (which may be automated) about orders, account matters, and promotions. You may opt out of marketing texts at any time by replying STOP (you will continue receiving transactional messages). If you change or deactivate your mobile number, you agree to promptly update your account.
7) Acceptable Use
You agree to comply with all applicable laws and not to:
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Interfere with or disrupt the Services or security features;
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Use bots, scrapers, or similar tools without permission;
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Upload malware, spam, or unlawful content;
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Impersonate another person or misrepresent your affiliation;
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Attempt to bypass access or usage restrictions; or
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Engage in conduct that restricts or inhibits others’ use of the Services.
We may monitor and restrict access or content to protect users and our operations.
8) User Content & Reviews
If you submit reviews, photos, or other content (“User Content”), you represent you own or have the necessary rights to it. You grant BloomsPal a worldwide, perpetual, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, and display such User Content in connection with the Services and our marketing.
User Content must be truthful, relevant, lawful, and respectful. We may remove or decline to display content at our discretion.
9) Intellectual Property
The Services, including text, graphics, logos, software, and trademarks, are owned by or licensed to EDEN FLOWERS, LLC. Except as expressly permitted, you may not copy, distribute, modify, or create derivative works from the Services or content.
If you believe content on the Services infringes your copyright, see Section 15 (DMCA Notices).
10) Perishables, Allergens & Variations
Many Products are perishable agricultural or floral goods. Images are illustrative—natural variations in color, size, and presentation occur. Seasonal constraints may require substitutions of equal or higher value. Suppliers are responsible for accurate labeling and allergen information; production facilities may handle multiple allergens. If you have severe allergies, please contact us before ordering.
11) Marketplace Risk & International Use
When you transact with independent Suppliers, you assume the risks inherent in dealing with third parties (including the possibility of inaccurate listings or delays). While we use fraud prevention and quality controls, we cannot guarantee every transaction will be completed or error-free.
Software and data transmissions may be subject to U.S. export controls. You agree to comply with all local rules and laws applicable to your use of the Services.
12) Disclaimer of Warranties
YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOOMSPAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE OR THAT PRODUCTS WILL MEET EVERY EXPECTATION (INCLUDING NATURAL VARIATIONS OR SUBSTITUTIONS).
13) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOOMSPAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR PRODUCTS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BLOOMSPAL IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14) Indemnification
You agree to defend, indemnify, and hold harmless EDEN FLOWERS, LLC (d/b/a BloomsPal), its affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services or Products; (ii) your breach of these Terms or applicable law; (iii) your User Content; or (iv) your transactions or interactions with Suppliers or Couriers.
15) Copyright (DMCA) Notices
If you believe your work has been used on the Services in a way that constitutes copyright infringement, please send a notice containing all information required by 17 U.S.C. §512(c)(3) to our DMCA Agent:
DMCA Agent / Legal:
EDEN FLOWERS, LLC (d/b/a BloomsPal) – Legal Department
Email: legal@bloomspal.com
Subject: DMCA Takedown Request
Mailing Address: COLOMBIA
If your content was removed and you believe it was a mistake, you may submit a counter-notice with the information required by §512(g)(3). We may terminate repeat infringers in appropriate circumstances.
16) Third-Party Services & Links
The Services may link to or integrate third-party sites and services (e.g., payment processors, carriers, app stores). We do not control or endorse third-party sites/services and are not responsible for their content, policies, or actions. Your use of them is at your own risk and subject to their terms.
Apple App Store Terms. If you access a BloomsPal mobile app via the Apple App Store, you acknowledge: (a) these Terms are between you and BloomsPal (not Apple); (b) your license is non-transferable and limited to Apple-branded devices you own/control; (c) Apple has no obligation for maintenance/support, warranties, or other claims; and (d) Apple and its subsidiaries are third-party beneficiaries who may enforce these Terms with respect to the iOS app.
17) Dispute Resolution & Arbitration (U.S.)
Before initiating a claim, you agree to first attempt to resolve it informally by emailing legal@bloomspal.com with a detailed description of the dispute. If unresolved within 60 days, you and BloomsPal agree to resolve any dispute arising out of or relating to these Terms, the Services, or Products through binding arbitration on an individual basis.
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Rules & Forum. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this section. Hearings (if any) will occur in Miami-Dade County, Florida, unless we agree otherwise.
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Class Action Waiver. YOU AND BLOOMSPAL MAY BRING CLAIMS ONLY IN YOUR/ITS INDIVIDUAL CAPACITY. NO CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTIONS OR ARBITRATIONS.
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Small Claims. Either party may bring a qualifying claim in small claims court in Miami-Dade County, Florida.
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FAA Applies. This arbitration agreement is governed by the Federal Arbitration Act.
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Severability. If the class-action waiver is found unenforceable, this entire arbitration section will not apply (except as required for public injunctive relief), and disputes will proceed in court as set out below.
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Confidentiality. All aspects of arbitration proceedings and awards are confidential to the extent permitted by law.
18) Termination
We may suspend or terminate your account or access to the Services at any time, with or without notice, including for inactivity, operational reasons, or violations of these Terms. You may stop using the Services at any time. Sections that by nature should survive (e.g., IP, User Content license, disclaimers, limitations, arbitration) will survive termination.
19) Governing Law & Venue
Except where preempted by U.S. federal law (including the FAA), these Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Subject to Section 17, the exclusive venue for any non-arbitrable action is the state or federal courts in Miami-Dade County, Florida, and you consent to personal jurisdiction there.
20) General
These Terms (plus any policies referenced here) are the entire agreement between you and BloomsPal and supersede prior understandings regarding the Services. We may assign these Terms; you may not assign them without our prior written consent. If any provision is found invalid or unenforceable, the remainder remains in force and a valid term that most closely reflects the parties’ intent will apply. Our failure to enforce a provision is not a waiver. Notices may be delivered by email, posting on the Site, or to your account.