Terms of service
BLUE PUMPKIN COMPANY — TERMS OF SERVICE
OVERVIEW
Welcome to Blue Pumpkin Company!
The terms "we," "us," and "our" refer to Blue Pumpkin Company. We operate this website and online store, including its information, content, products, services, and related features (collectively, the "Services").
Blue Pumpkin Company specializes in curated seasonal décor collections, local delivery, designer-guided styling experiences, and optional professional installation services.
Our online store is powered by Shopify, which provides the technology that enables us to offer our products and services.
These Terms of Service ("Terms"), together with our referenced policies, explain the rights and responsibilities of customers who access our website or purchase our products and services.
Please read these Terms carefully before using our website or placing an order.
By accessing or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, please discontinue use of our Services.
SECTION 1 — ACCESS AND ACCOUNT
By using our Services, you represent that you are at least the age of majority in your state or jurisdiction of residence.
When placing an order, you may be required to provide your name, email address, phone number, billing information, delivery address, and other information necessary to fulfill your purchase.
You agree that all information provided is accurate, current, and complete.
You are responsible for maintaining the confidentiality of any account credentials and for activity conducted through your account.
SECTION 2 — OUR PRODUCTS AND SERVICES
Blue Pumpkin Company offers curated seasonal décor collections and related products and services.
We make reasonable efforts to accurately describe and represent our products through photographs, written descriptions, and digital design examples.
However, actual products may differ slightly from images displayed on our website.
Our seasonal collections incorporate natural materials, including pumpkins, gourds, florals, plants, and greenery. Variations in color, size, shape, texture, and appearance are expected.
Product photographs and digital styling concepts are intended to represent the overall aesthetic of a collection rather than guarantee identical materials or arrangements.
We may make reasonable substitutions when seasonal materials are unavailable, provided the substitutions maintain the advertised character, approximate quantities, and overall value of the purchased collection.
Every eligible fall display collection includes our Designer-Guided Setup experience. Professional White-Glove Styling & Installation is available only when selected and purchased as an additional service.
We reserve the right to modify product offerings, discontinue products, or limit quantities based on inventory, scheduling capacity, and availability.
SECTION 3 — ORDERS AND RESERVATIONS
Submitting an order constitutes an offer to purchase the selected products and services.
Blue Pumpkin Company reserves the right to accept or decline orders, subject to applicable law.
Orders are subject to product availability, delivery eligibility, scheduling capacity, and successful processing of the required payment.
An order confirmation acknowledges receipt of your purchase information. We may contact you to confirm delivery arrangements or resolve any order-related issues.
Customers are responsible for reviewing their selected products, payment options, delivery windows, styling preferences, and contact information before submitting an order.
Purchases are subject to our Cancellation & Refund Policy, which is incorporated into these Terms by reference.
If we cannot fulfill an accepted order, we will contact the customer to discuss an alternative arrangement or an appropriate refund.
SECTION 4 — PRICES, PAYMENTS AND BILLING
All prices are listed in U.S. dollars unless otherwise indicated.
Prices and promotional offers may change without notice. Changes will not retroactively alter the agreed price of an accepted order.
Applicable taxes and additional charges, if any, will be disclosed during checkout or before the customer agrees to a separately arranged service.
Reservation Payment Option
Eligible seasonal collections may be reserved with a 50% nonrefundable reservation payment.
The remaining balance must be paid before the scheduled delivery or installation.
Reservation payments secure seasonal inventory preparation and a preferred delivery window, subject to availability and our Cancellation & Refund Policy.
Pay-in-Full Option
Customers selecting the Pay in Full option receive a 5% discount on eligible seasonal packages and styling options.
Pay-in-full purchases are subject to the cancellation and refund terms disclosed at the time of purchase and applicable law.
Additional Services
Optional services, including White-Glove Styling & Installation, must be specifically selected and purchased.
Any additional fees for special delivery arrangements or services outside our standard offerings must be communicated and agreed upon in advance.
Customers agree to provide valid and accurate payment information and authorize the charges associated with their selected purchases.
SECTION 5 — LOCAL DELIVERY AND STYLING SERVICES
Complimentary Local Delivery
Blue Pumpkin Company offers complimentary local delivery on qualifying orders of $200 or more within our approved delivery ZIP codes.
Our designated service area includes eligible addresses in San Diego County, Orange County, and selected Riverside County communities.
Delivery eligibility is determined by the address and ZIP code entered during checkout.
Service outside our approved delivery area may be considered upon request. Additional travel fees may apply and must be agreed upon before the order is confirmed.
Traditional parcel shipping is not currently offered unless expressly stated on an individual product listing.
Delivery Windows
Seasonal collections are delivered according to the delivery window selected at checkout.
Delivery windows represent a range of dates rather than a guaranteed individual delivery date or arrival time.
Specific delivery arrangements may be coordinated with customers before fulfillment.
Specialty products and services, including air garlands and certain decorative installations, may require separate scheduling.
Designer-Guided Setup
Every eligible fall display collection includes our Designer-Guided Setup experience.
Customers receive styling guidance designed to help them arrange their seasonal collection at home.
Customers may also request a personalized digital design concept using a photograph of their entrance.
Digital concepts are provided for inspiration and may differ from the final arrangement due to natural product variations, available inventory, and individual property characteristics.
Designer-Guided Setup does not include professional on-site installation.
White-Glove Styling & Installation
Professional White-Glove Styling & Installation is available as an optional paid upgrade for eligible collections.
This service must be selected and purchased separately.
Installation appointments are subject to service-area eligibility, scheduling availability, weather conditions, and safe property access.
Property Access
Customers are responsible for providing accurate delivery addresses, contact information, gate codes, HOA requirements, and other necessary access instructions.
The designated delivery or installation area must be safe and reasonably accessible.
Customers may not need to be present if appropriate access and delivery arrangements have been confirmed in advance.
Weather and Scheduling Changes
Severe weather, unsafe conditions, supply disruptions, or circumstances beyond our reasonable control may require adjustments to scheduled deliveries or installations.
We will make reasonable efforts to notify affected customers and coordinate suitable alternatives.
If Blue Pumpkin Company cannot fulfill an order, the applicable provisions of our Cancellation & Refund Policy will apply.
SECTION 6 — INTELLECTUAL PROPERTY
The content and materials available through our Services, including our branding, logos, photographs, written content, product descriptions, styling guides, graphics, and original designs, are owned by Blue Pumpkin Company or their respective rights holders.
These materials are protected by applicable intellectual property laws.
Customers may use purchased styling guides and digital concepts for personal, noncommercial purposes.
Reproduction, redistribution, resale, or commercial use of our proprietary materials without prior written permission is prohibited, except as permitted by law.
Nothing in these Terms transfers ownership of Blue Pumpkin Company's intellectual property to customers.
Shopify and other third-party names, logos, and trademarks remain the property of their respective owners.
SECTION 7 — OPTIONAL TOOLS
Our website may provide access to tools, applications, or features operated by third parties.
These services may be governed by separate terms and privacy policies.
We do not control all third-party tools and cannot guarantee their uninterrupted availability or performance.
Customers should review applicable third-party terms before using these services.
SECTION 8 — THIRD-PARTY LINKS
Our website may contain links to third-party websites, products, or services.
These links are provided for convenience.
Blue Pumpkin Company is not responsible for the content, practices, or policies of independently operated third-party websites.
Customers access such websites at their own discretion and should review the relevant terms and privacy policies.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Blue Pumpkin Company's online store is powered by Shopify.
Purchases made through our store are transactions between the customer and Blue Pumpkin Company.
Shopify provides the e-commerce technology supporting our store but is not the seller of our seasonal décor products or installation services.
To the extent permitted by applicable law, Shopify is not responsible for Blue Pumpkin Company's fulfillment of customer orders or performance of purchased services.
SECTION 10 — PRIVACY POLICY
Personal information collected through our Services is handled according to our Privacy Policy and applicable privacy laws.
Shopify and authorized service providers may process information necessary to operate our store, process payments, and support order fulfillment.
Customer-Submitted Property Photographs
Customers may voluntarily submit photographs of their homes or entrances for personalized styling assistance or digital design concepts.
These photographs will be used to prepare the requested design service and related customer communications.
Submitting a property photograph does not grant Blue Pumpkin Company permission to publish that photograph, or a personalized design concept featuring the property, for advertising or social media purposes.
Separate customer permission will be requested before using identifiable customer property photographs or personalized design concepts for public promotional purposes.
Customers should avoid including people, license plates, sensitive information, or other unnecessary identifying details in submitted photographs.
Additional information about data collection, storage, sharing, and customer privacy rights is provided in our Privacy Policy.
SECTION 11 — CUSTOMER FEEDBACK AND REVIEWS
We welcome customer feedback, reviews, suggestions, and comments about our products and services.
By submitting a review or testimonial intended for publication, customers grant Blue Pumpkin Company permission to display and share that submitted review in connection with our business, subject to applicable law.
Customers represent that the content they submit is accurate to the best of their knowledge and does not infringe upon the rights of others.
Customer photographs, including images of private residences submitted for personalized design assistance, are not automatically treated as public testimonials or promotional content.
We will request separate permission before using such photographs for marketing purposes.
We reserve the right to moderate or remove customer-submitted content that is unlawful, abusive, misleading, or otherwise violates these Terms, subject to applicable law.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccurate descriptions, pricing errors, or omissions.
We reserve the right to correct such information and update our website as necessary.
If a material error affects an order, we will contact the customer to explain the issue and discuss the available options.
Any cancellation or refund resulting from an error will be handled in accordance with applicable law and our published policies.
SECTION 13 — PROHIBITED USES
Customers may use our website and Services only for lawful purposes.
Prohibited activities include:
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Using our Services for fraudulent or unlawful transactions.
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Providing false or misleading purchase information.
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Infringing upon intellectual property or privacy rights.
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Uploading malicious software or attempting unauthorized access to our systems.
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Harassing, threatening, or abusing other customers or business representatives.
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Interfering with website functionality or security.
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Using our content commercially without authorization.
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Engaging in conduct that violates applicable laws or regulations.
We reserve the right to restrict access or decline transactions involving prohibited activities, subject to applicable law.
SECTION 14 — AUTOMATED AGENTS
Automated tools, software agents, and similar technologies may not access or interact with our Services in ways that circumvent security measures, disrupt operations, misrepresent their identity, or violate applicable laws.
We may implement reasonable technical measures to protect our website, customers, and business operations.
Authorized use of automated tools remains subject to applicable Shopify platform requirements and other relevant terms.
SECTION 15 — TERMINATION
We may suspend or terminate access to our Services when necessary to address violations of these Terms, unlawful activity, security concerns, or other legitimate business reasons, subject to applicable law.
Termination of website access does not automatically cancel outstanding payment obligations or eliminate customer rights relating to accepted purchases.
Provisions intended to survive termination, including intellectual property protections and applicable limitations of liability, will continue to apply to the extent permitted by law.
SECTION 16 — DISCLAIMER OF WARRANTIES
We strive to provide accurate product descriptions, reliable service, and quality seasonal décor.
However, natural and perishable materials are subject to variations and environmental conditions outside our control.
We do not guarantee that individual pumpkins, florals, greenery, or other natural products will maintain their original appearance for a particular length of time after delivery.
Website functionality and third-party services may occasionally be interrupted or unavailable.
Except for warranties expressly provided by Blue Pumpkin Company or required by applicable law, our Services are provided on an "as available" basis.
Nothing in these Terms excludes warranties or consumer protections that cannot lawfully be waived.
SECTION 17 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Blue Pumpkin Company will not be responsible for indirect, incidental, special, or consequential damages arising from the use of our website or Services.
We are not responsible for normal deterioration of natural materials or damage caused after delivery by wildlife, weather, improper care, or circumstances beyond our reasonable control, except where liability is imposed by applicable law.
Customers who choose Designer-Guided Setup are responsible for safely arranging and maintaining their décor.
Our styling instructions are intended as general guidance and do not replace appropriate judgment regarding safe placement, accessibility, trip hazards, or property conditions.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability arising from conduct for which California law prohibits such limitations.
SECTION 18 — INDEMNIFICATION
To the extent permitted by applicable law, customers agree to be responsible for losses or claims arising from their unlawful use of our Services, infringement of third-party rights, or material violation of these Terms.
This provision does not require customers to indemnify Blue Pumpkin Company for the company's own negligence, misconduct, or other liabilities that cannot lawfully be transferred.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be limited or severed to the extent necessary.
The remaining provisions will continue in effect to the extent permitted by law.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
Our failure to enforce a provision of these Terms does not constitute a permanent waiver of that provision.
These Terms, together with our Privacy Policy, Cancellation & Refund Policy, Delivery & Styling Policy, and any applicable product-specific terms, form the agreement governing purchases through our website.
If a product listing includes specific terms relating to quantities, styling services, rental items, or scheduling, those disclosed terms will also apply to the relevant purchase.
Nothing in this section limits rights or remedies provided by applicable consumer protection laws.
SECTION 21 — ASSIGNMENT
Customers may not transfer their rights or obligations under these Terms without our prior written consent, except where permitted by law.
Blue Pumpkin Company may assign its rights and obligations in connection with a legitimate business transfer or reorganization, subject to applicable law and customer protections.
SECTION 22 — GOVERNING LAW
These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Any disputes will be handled in accordance with applicable law and the jurisdictional requirements governing the particular claim.
Nothing in these Terms restricts a customer's rights under applicable consumer protection laws.
SECTION 23 — HEADINGS
Section headings are provided for convenience and do not alter the meaning or interpretation of these Terms.
SECTION 24 — CHANGES TO TERMS OF SERVICE
Blue Pumpkin Company may update these Terms to reflect changes in our products, services, business operations, or legal requirements.
The current version will be available on our website.
Material changes will be communicated where required by applicable law.
Changes will not retroactively alter the agreed terms of an accepted purchase unless permitted by law or agreed upon by the affected customer.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service, product orders, delivery arrangements, or styling services may be directed to:
Blue Pumpkin Company
Email: bluepumpkinco@yahoo.com
Phone: (619) 760-6317
Service Area: Eligible locations throughout San Diego County, Orange County, and select Riverside County communities, California.
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