Effective Date: January 10, 2025

These Terms of Use ("Terms") govern your access to and use of the website, mobile functionality, online store, customer support features, and related online services operated by High 5 Wholesale, doing business as Blooms by Celeste ("Blooms by Celeste," "Company," "we," "us," or "our").

By accessing or using our website or placing an order through Blooms by Celeste, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Services.

I. Company Information

Blooms by Celeste is operated by High 5 Wholesale, d/b/a Blooms by Celeste.

Business Address: 13601 Preston Rd, Ste 104W, Dallas, TX 75240
Phone: (318) 422-3755
Email: cs@bloomsbyceleste.com

II. Eligibility and Use of the Services

You may use our Services only if you are legally capable of entering into a binding agreement under applicable law. By using the Services, you represent that the information you provide is accurate and complete.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services in any way that could damage, disable, overburden, or impair the website or interfere with any other party’s use of the Services.

III. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the Effective Date above and post the updated Terms on this page. Your continued use of the Services after updated Terms are posted means you accept the revised Terms, to the extent permitted by law.

IV. Account Registration and Security

Some features of the Services may allow or require you to create an account. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You agree to provide current, complete, and accurate information and to update it if it changes. We reserve the right to suspend or terminate accounts that contain false, misleading, or incomplete information.

V. Products, Availability, and Website Content

We make reasonable efforts to display products, pricing, descriptions, images, and availability as accurately as possible. However:

• product images are for general illustration and may vary in appearance;
• flowers, plants, containers, accessories, and colors may vary by season, location, and availability;
• some items may be unavailable at the time of fulfillment; and
• we do not guarantee that all product descriptions, pricing, or other content will always be complete, current, or error-free.

We reserve the right to correct any errors, inaccuracies, or omissions at any time, including after an order has been submitted.

VI. Floral and Gift Substitutions

Fresh floral arrangements and gift items may require substitution due to seasonal availability, regional supply conditions, weather events, quality standards, or florist inventory.

If a substitution is necessary, we may substitute flowers, plants, containers, decorative elements, or other components with items of equal or greater value while seeking to preserve the overall style, color palette, theme, and value of the arrangement or gift.

For one-flower varieties, specialty arrangements, sympathy pieces, and event-sensitive orders, substitutions may be more noticeable due to limited availability. By placing an order, you acknowledge and accept that reasonable substitutions may occur.

VII. Orders and Acceptance

Your order is an offer to purchase. We reserve the right to accept, reject, limit, or cancel any order at our discretion, including where we suspect fraud, pricing error, abuse of promotions, inventory limitations, delivery infeasibility, duplicate orders, or other issues affecting fulfillment.

We may also limit quantities purchased per person, household, payment method, account, billing address, or delivery address.

If we cancel an order after payment has been submitted, we will generally issue a refund to the original payment method, subject to processing time and any applicable limitations.

VIII. Pricing and Payment

All prices shown on the website are listed in U.S. dollars unless otherwise stated. Prices, delivery fees, service charges, taxes, and promotional offers are subject to change without notice.

You agree to pay all charges incurred in connection with your order, including the applicable purchase price, taxes, delivery charges, service fees, and optional add-ons.

We may use third-party payment processors to process transactions. By submitting payment information, you represent that you are authorized to use the payment method provided.

IX. Delivery Terms

A. Delivery Information

To fulfill an order, you must provide accurate and complete delivery information, including the recipient’s name, address, phone number, delivery date, and any needed access or delivery instructions.

We are not responsible for failed or delayed delivery caused by inaccurate recipient information, restricted access, refusal by the recipient or property owner, unsafe delivery conditions, absence of the recipient, acts of third parties, severe weather, traffic delays, or other circumstances beyond our reasonable control.

B. Same-Day and Requested-Date Delivery

When offered, same-day or requested-date delivery is not guaranteed in all areas or under all conditions. Delivery windows may depend on product selection, order timing, florist availability, inventory, recipient location, weather, holidays, peak-volume periods, and other operational factors.

We will make commercially reasonable efforts to deliver on the requested date, but we do not guarantee delivery at a specific time unless expressly stated and confirmed.

C. Delivery Completion

Delivery may be completed by leaving the arrangement or gift with the recipient, another person at the delivery location, front desk personnel, staff, funeral home staff, hospital staff, or another individual reasonably believed to be authorized to accept delivery, where appropriate.

For certain deliveries, the order may be left in a secure location if deemed suitable by the delivering florist or courier.

X. Funeral, Hospital, and Special Venue Deliveries

For deliveries to funeral homes, hospitals, schools, offices, hotels, care facilities, or similar locations, delivery may be subject to the receiving location’s policies, visiting hours, intake procedures, room availability, event schedules, or access restrictions.

We are not responsible if the receiving location declines, delays, redirects, or is unable to accept the delivery.

XI. Cancellations, Order Changes, and Customer Concerns

If you need to change or cancel an order, contact us as soon as possible. We will try to accommodate your request, but we cannot guarantee changes or cancellations once an order has been processed, prepared, assigned for fulfillment, or placed into delivery.

Because floral products are perishable and many orders are custom-prepared, cancellations, refunds, replacements, or credits are handled at our discretion and based on the circumstances.

If you believe there is an issue with your order, including damage, quality concerns, or non-delivery, you must contact us promptly with sufficient detail so we can review the matter. We may request supporting information, including photos where appropriate.

XII. Promotions, Discounts, and Gift Offers

Promotions, coupon codes, discount offers, first-order offers, and free-delivery offers are subject to additional terms, limitations, and availability.

Unless expressly stated otherwise:

• promotions cannot be combined;
• promotions may be limited to qualifying items, delivery areas, order minimums, dates, or customer groups;
• promotions may be modified or discontinued at any time; and
• orders that violate promotion rules may be canceled or adjusted.

XIII. User Content and Communications

If you submit reviews, feedback, testimonials, photos, messages, comments, or other content to us, you grant Blooms by Celeste a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, display, distribute, and create derivative works from that content in connection with our business, subject to applicable law.

You represent that you have the right to submit that content and that it does not violate the rights of any third party or any law.

We reserve the right, but not the obligation, to remove or refuse user content at our discretion.

XIV. Intellectual Property

All content on the Services, including text, product names, images, graphics, logos, icons, designs, layouts, software, code, and compilations, is owned by or licensed to Blooms by Celeste and is protected by intellectual property and other applicable laws.

Except as expressly permitted in writing, you may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, reverse engineer, or exploit any portion of the Services for commercial purposes.

XV. Prohibited Conduct

You agree not to:

• violate any law or regulation;
• submit false, fraudulent, or misleading information;
• interfere with the security or operation of the Services;
• introduce malware, viruses, bots, scraping tools, or harmful code;
• attempt unauthorized access to accounts, systems, or data;
• use the Services for resale, commercial exploitation, or bulk ordering abuse without authorization;
• impersonate another person or entity; or
• infringe the intellectual property, privacy, or other rights of any person or entity.

XVI. Third-Party Services and Links

Our Services may contain links to third-party websites, payment providers, social platforms, mapping tools, delivery providers, plugins, or other services. We do not control and are not responsible for third-party content, services, terms, or privacy practices.

Your use of third-party services is at your own risk and subject to the applicable third party’s own terms and policies.

XVII. Disclaimer of Warranties

THE SERVICES, ALL PRODUCTS, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

BLOOMS BY CELESTE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY PRODUCT, DELIVERY, OR WEBSITE FEATURE WILL MEET EVERY EXPECTATION OR REQUIREMENT.

XVIII. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOOMS BY CELESTE, HIGH 5 WHOLESALE, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, FLORISTS, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY ORDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR AN ORDER WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XIX. Indemnification

You agree to defend, indemnify, and hold harmless Blooms by Celeste, High 5 Wholesale, and their respective owners, officers, directors, employees, contractors, agents, affiliates, vendors, florists, and service providers from and against any claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your use of the Services;
• your violation of these Terms;
• your breach of any representation, warranty, or obligation under these Terms; or
• your violation of any law or the rights of any third party.

XX. Termination

We reserve the right to suspend, restrict, or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, created risk, engaged in fraud or abuse, or otherwise acted inconsistently with our business interests or legal obligations.

XXI. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Services shall be brought in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction and venue of those courts, unless applicable law requires otherwise.

XXII. Severability and Waiver

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other right.

XXIII. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms posted on the Services or presented during checkout, constitute the entire agreement between you and Blooms by Celeste regarding your use of the Services.

XXIV. Contact Us

If you have questions about these Terms, please contact:

High 5 Wholesale, d/b/a Blooms by Celeste
13601 Preston Rd, Ste 104W
Dallas, TX 75240
Phone: (318) 422-3755
Email: cs@bloomsbyceleste.com