Terms and Conditions

31. Product Safety

Products must be used only for their intended decorative or functional purpose.

Unless expressly identified otherwise, products are not:

• Toys;

• Food-safe;

• Dishwasher-safe;

• Microwave-safe;

• Intended for direct food contact;

• Intended for outdoor use;

• Intended for unsupervised use by children;

• Medical devices; or

• Designed to support body weight.

Small components may create a choking hazard. Customers are responsible for keeping appropriate products away from children and pets.

32. Customer Accounts

When customer accounts are enabled, customers are responsible for:

• Maintaining accurate account information;

• Protecting passwords;

• Restricting access to their devices;

• Notifying us of suspected unauthorized access; and

• Activities conducted through their accounts.

We may suspend or restrict an account when we reasonably believe it is being used:

• Fraudulently;

• Unlawfully;

• To interfere with the website;

• To abuse another person;

• To violate these Terms; or

• In a manner that threatens security or business operations.

33. Acceptable Website Use

You may use the website only for lawful personal or business purchasing purposes.

You may not:

• Use the website for fraud or unlawful activity;

• Submit false information;

• Impersonate another person;

• Attempt unauthorized access;

• Introduce malware or harmful code;

• Scrape, harvest, or copy website data through automated means without permission;

• Interfere with website security or operation;

• Use the website to harass or threaten another person;

• Submit infringing or illegal content;

• Circumvent purchase limits or security controls;

• Reverse engineer website features where prohibited by law;

• Use our designs or photographs to misrepresent your own work; or

• Use the website in a way that violates another person’s rights.

We may restrict access when reasonably necessary to protect customers, the business, or the website.

34. Intellectual Property

Unless otherwise stated, the website and its original content are owned by or licensed to The Keepsake Blossom & Co.

Protected content may include:

• Business names;

• Logos;

• Photographs;

• Videos;

• Product descriptions;

• Graphics;

• Templates;

• Preservation designs;

• Sign layouts;

• Engraving layouts;

• Illustrations;

• Text;

• Website design;

• Marketing materials;

• Educational materials; and

• Original product concepts.

You may view the website and print or save order-related information for personal, noncommercial use.

You may not, without written permission:

• Copy or reproduce our content for commercial use;

• Sell or distribute our designs;

• Remove copyright or ownership notices;

• Use our photographs to advertise another business;

• Present our work as your own;

• Create unauthorized derivative commercial products;

• Use our branding in a misleading way; or

• Register a confusingly similar business, domain, or social-media identity.

No ownership rights are transferred merely because a customer purchases a physical product.

35. Customer Content and Submitted Materials

Customers retain ownership of original photographs, logos, artwork, wording, and other content they lawfully own.

By submitting content for an order, the customer grants The Keepsake Blossom & Co. a limited, nonexclusive license to use, reproduce, resize, edit, engrave, print, display internally, and otherwise process the content as reasonably necessary to:

• Evaluate the request;

• Create the product;

• Communicate with the customer;

• Maintain order records;

• Resolve a dispute; and

• Fulfill legal or accounting obligations.

This limited license does not automatically authorize public advertising use.

We will not intentionally publish identifiable private photographs, memorial information, or customer content for marketing without permission, except where the content was publicly posted by the customer and may lawfully be reshared.

36. Customer Content Representations

By submitting a photograph, logo, design, quotation, message, artwork, or other content, you represent that:

• You own it or have permission to use it;

• Our requested use will not infringe another person’s copyright, trademark, privacy, publicity, or other rights;

• The content is not unlawful, threatening, defamatory, obscene, or deceptive; and

• The content does not contain prohibited or harmful material.

We may decline content that presents legal, ethical, safety, or reputational concerns.

The customer is responsible for claims arising from content the customer submitted without proper authorization, subject to applicable law.

37. Reviews, Testimonials, and Social-Media Content

Customers may voluntarily submit reviews, testimonials, photographs, or social-media posts.

By expressly authorizing promotional use, you grant us permission to reproduce, display, crop, resize, and share the authorized content for marketing and portfolio purposes.

Unless otherwise agreed:

• We may identify you by first name, initials, social-media handle, or the name you authorized;

• We will not knowingly disclose unnecessary private information;

• Permission may be withdrawn prospectively by contacting us; and

• Withdrawal may not require retrieval of materials already printed, distributed, or lawfully published before the request.

38. Third-Party Services

The website may use or link to services provided by:

• Wix;

• Payment processors;

• Shipping carriers;

• Social-media platforms;

• Review applications;

• Analytics providers;

• Advertising providers;

• Scheduling tools;

• Maps;

• Chat services; and

• Other external providers.

Third parties operate under their own terms and privacy policies.

We do not control every third-party platform and are not responsible for its independent content, availability, security, accessibility, privacy practices, or service interruptions.

39. Privacy

Our collection and use of personal information are described in our Privacy Policy.

By using the website, you acknowledge that information may be processed by Wix and other service providers necessary to operate the website, process payments, fulfill orders, communicate with customers, and provide shipping.

The Privacy Policy controls questions specifically concerning personal-information practices.

40. Accessibility

We are committed to improving access to our website and services for individuals with disabilities.

Accessibility practices and contact methods are described in our Accessibility Statement.

A person who encounters an accessibility barrier may contact us to request assistance or an alternative method of accessing information or completing a transaction.

The Department of Justice states that businesses open to the public must provide people with disabilities equal access to the goods and services they offer, including those made available online.

41. Website Availability

We do not guarantee that the website will be available without interruption or error.

Access may be affected by:

• Maintenance;

• Wix outages;

• Internet failures;

• Hosting issues;

• Cybersecurity incidents;

• Software updates;

• Third-party failures;

• Equipment problems; or

• Events beyond our reasonable control.

We may modify, suspend, or discontinue website functions when reasonably necessary.

An interruption does not automatically cancel an existing order or eliminate payment obligations for work already authorized and performed.

42. Disclaimer of Warranties

To the fullest extent permitted by law, the website is provided on an “as available” basis.

Except for express written warranties or rights that cannot legally be excluded, we do not warrant that:

• The website will always be uninterrupted or error-free;

• Every digital display will accurately reproduce physical colors;

• Natural flowers will retain their original appearance;

• Handmade products will be identical to examples;

• Every customer-supplied flower will be usable;

• A preservation piece will remain unchanged indefinitely; or

• Third-party services will always function as intended.

This disclaimer does not eliminate express promises contained in an accepted order or rights and warranties that applicable law does not permit us to disclaim.

43. Limitation of Liability

To the fullest extent permitted by applicable law, The Keepsake Blossom & Co. will not be liable for indirect, incidental, special, exemplary, punitive, emotional, sentimental, or consequential damages arising from:

• Website use;

• A carrier delay;

• Loss occurring before we receive incoming materials;

• Natural flower deterioration;

• Customer-approved errors;

• Customer misuse;

• Unauthorized third-party activity;

• Third-party service interruptions; or

• Events outside our reasonable control.

Where liability may lawfully be limited, our total monetary liability arising from a particular order will not exceed the amount actually paid to The Keepsake Blossom & Co. for the product or service giving rise to the claim.

This limitation does not apply to liability that applicable law does not permit us to exclude or limit, including liability arising from willful misconduct, gross negligence, or enforceable statutory rights.

44. Indemnification

To the extent permitted by law, you agree to be responsible for reasonably foreseeable claims, losses, or expenses arising from:

• Your unlawful use of the website;

• Content you submitted without required permission;

• Your infringement of another person’s rights;

• Your fraudulent conduct;

• Your material violation of these Terms; or

• Your misuse of a product.

This section does not require a consumer to indemnify us for our own negligence, willful misconduct, unlawful conduct, or responsibility that cannot legally be transferred.

45. Events Beyond Reasonable Control

We are not responsible for delays or failure to perform caused by circumstances outside our reasonable control, including:

• Natural disasters;

• Severe weather;

• Fire;

• Flood;

• Earthquake;

• Public emergencies;

• Government orders;

• Transportation interruptions;

• Carrier disruptions;

• Labor interruptions;

• Supply shortages;

• Power outages;

• Internet or technology failures;

• Equipment breakdown;

• Widespread illness;

• Civil unrest; or

• Similar events.

We will make reasonable efforts to communicate material delays and resume performance when reasonably possible.

This provision does not eliminate any cancellation or refund right required by law.

46. Refusal or Termination of Service

We may refuse, suspend, or terminate service when reasonably necessary because of:

• Fraud or suspected fraud;

• Threats, harassment, abuse, or discriminatory conduct;

• Repeated nonpayment;

• Unauthorized chargebacks;

• Illegal requests;

• Unsafe materials;

• Intellectual-property concerns;

• Material misrepresentations;

• Repeated violation of policies;

• Requests outside our capabilities; or

• Conduct that threatens customers, employees, contractors, or business operations.

When an accepted order is terminated, payment and refund obligations will be determined based on work already performed, custom materials purchased, the reason for termination, the applicable cancellation policy, and applicable law.

47. Informal Resolution of Concerns

Customers should send an order-related concern to info@thekeepsakeblossom.com.

Please include:

• Full name;

• Order number;

• Contact information;

• A description of the concern;

• Relevant dates; and

• Photographs or supporting documentation.

The parties agree to make a good-faith effort to discuss and resolve the concern before filing a lawsuit, except when immediate legal relief is reasonably necessary or a legal deadline would expire.

This section does not prevent a customer from contacting a government agency, payment provider, attorney, or consumer-protection authority.

48. Governing Law

These Terms and transactions with The Keepsake Blossom & Co. are governed by the laws of the State of Nevada, without regard to conflict-of-law principles, except when another jurisdiction’s non-waivable consumer law applies.

49. Venue

Subject to any non-waivable consumer venue right, legal proceeding arising from these Terms or a transaction with The Keepsake Blossom & Co. must be brought in a court of competent jurisdiction located in Clark County, Nevada.

Eligible claims may be brought in small claims court when the court has jurisdiction.

This agreement does not require private arbitration and does not contain a class-action waiver.

50. Time to Bring a Claim

Any contractual claim must be brought within the legally permitted limitations period.

Nothing in these Terms creates a limitations period shorter than the minimum period required by applicable law or shortens a statutory period that cannot legally be modified.

51. Severability

If a court determines that any provision of these Terms is unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted or severed when necessary.

The remaining provisions will continue in effect.

52. No Waiver

Our failure to enforce a provision on one occasion does not waive the right to enforce it later.

A waiver is effective only when clearly made in writing by an authorized representative of The Keepsake Blossom & Co.

53. Assignment

Customers may not transfer an order, contract, service reservation, or rights under these Terms without written approval.

We may assign these Terms as part of a lawful business reorganization, merger, sale, or transfer, provided the assignment does not eliminate rights already earned by the customer.

54. Headings

Section headings are provided for organization and convenience. They do not limit the meaning of the provisions.

55. Entire Agreement

These Terms, together with the incorporated policies, accepted invoice, approved proposal, product description, proof, and any signed order-specific agreement, constitute the agreement between the parties concerning the transaction.

Statements made outside those documents do not modify the agreement unless confirmed in writing by an authorized representative.

56. Changes to These Terms

We may update these Terms to reflect changes in:

• Products or services;

• Business operations;

• Wix functionality;

• Payment methods;

• Applicable laws;

• Technology;

• Shipping practices; or

• Other legitimate business needs.

The updated version will be posted with a revised “Last Updated” date.

The version in effect when an order is placed will generally govern that order unless:

• The parties agree to a change;

• A change benefits the customer;

• A change is required by law; or

• An order-specific agreement states otherwise.

Material changes will not retroactively reduce rights already earned under an accepted order unless permitted by law and agreed to when required.

57. Contact Information

Questions about these Terms may be directed to:

The Keepsake Blossom & Co.
1527 W. Craig Rd., STE 1B-500
North Las Vegas, NV 89032
Email: info@thekeepsakeblossom.com
Website: www.thekeepsakeblossom.com
Social Media: @thekeepsakeblossom