Terms & Conditions

To avoid confusion and to clarify the rights and obligations between Dream Farm Flowers LLC (“Dream Farm Flowers” or “we” or “us”) and its online shop customers and website visitors (“you”), we require that all purchasers and visitors read and agree to these terms and conditions (the “Terms of Use”). Please read these Terms of Use carefully. By using or accessing the Dream Farm Flowers Online Shop as well as all related websites operated by Dream Farm Flowers (which includes https://www.dreamfarmflowers.com/ (collectively the “Site”), you agree to these Terms of Use.

Payment for Online Orders

All online sales must be made by credit card. Dream Farm Flowers  accepts payment from the following credit cards: Visa, Mastercard, American Express and Discover. Acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards.

Once an order is submitted, Dream Farm Flowers cannot change, modify or combine an order or change a method of payment.

  • Seeds and bulbs:   All of the seeds and bulbs we offer have been tested to ensure high rates of  germination and we  guarantee that our seeds will become healthy plants. If your seeds or bulbs do not perform, please contact us and we will either replace your order if possible, or refund the purchase price. This  guarantee is limited to the purchase price of the seed only; shipping costs are nonrefundable. Dream Farm Flowers  is not liable for any damage or loss resulting from crop failure. Reports must be made within 1 year of purchase.

  • Supplies: All supplies are non-refundable unless your order arrives damaged or incorrect. Please notify support@dreamfarmflowers.com  and we will work with you to replace them.

  • Plants: Our plants are guaranteed to be healthy and in fit shape for growing in your garden.  If plants do not thrive within 2 days of purchase, please notify support@dreamfarmflowers.com and we will work with you to replace or refund them.

International Orders

Dream Farm Flowers does not offer international shipping at this time. 

General Disclaimer and Limitation of Liability

Except as expressly provided in these Terms of Use, Dream Farm Flowers  makes no representation, guarantee, or warranty, either express or implied, regarding the use of the Site or the products sold through its online store, including their merchantability or fitness for any particular use. In no event shall Dream Farm Flowers  be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if Dream Farm Flowers has been advised or is aware of the possibility of such damages.

Notices

When you register with Dream Farm Flowers and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Dream Farm Flowers. You consent to receive notices electronically by way of transmitting the notice to you by email.

Privacy and Security

Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services).

Ways in which we will use your information include:

  • respond to your questions and comments and provide you with customer support

  • notify you about special events, products and services

  • conduct surveys to measure your level of interest in or satisfaction with Dream Farm Flowers events, products and services

  • deliver the products and services that you have requested or ordered

  • develop and display content and advertising tailored to your interests on our site and other sites

  • verify your eligibility and deliver prizes in connection with contests and sweepstakes

  • enforce our terms and conditions

  • manage our business

  • perform functions as otherwise described to you at the time of collection

  • analyze trends to improve our website and offerings

If you no longer wish to receive communications from us, you may opt-out by clicking “update subscription preferences” at the bottom of any bulk email from Dream Farm Flowers.

We utilize third-party companies and individuals (such as payment processors, email providers and analytics and security providers) to help us provide services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf and are obligated to us not to disclose or use your information for other purposes.

Third-Party Services

Dream Farm Flowers shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. Dream Farm Flowers reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. 

Indemnity

You agree to indemnify and hold Dream Farm Flowers  and each of its members, managers, directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) your use of the Site or any services that we may provide via the Site, and (iv) your conduct in connection with the Site. Dream Farm Flowers reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide us with such cooperation as may be reasonably requested.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any principles of conflicts of law. The Site is based in the United States, and we make no claims concerning its accessor use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Dispute Resolution

In the event of a dispute arising under or relating to these Terms of Use or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration in Ada  County, Idaho, governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website: www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Ada County, Idaho. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Notwithstanding the foregoing, nothing in these Terms of Use will prevent Dream Farm Flowers  from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

Waiver of Class Action

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

Miscellaneous Terms

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will insure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.