Terms of Service

These Terms of Service are a binding agreement between you and Fenway & Bloom (“we,” “us,” “our”). How you accept them depends on how you buy. If you purchase online, you accept these Terms by completing the required terms-acceptance step at checkout, booking, or care-plan signup — checkout cannot be completed without it. If you purchase by phone or in person, we send you these Terms by email or text message before any charge, and you accept by electronic signature or a typed written reply confirming acceptance; we do not charge you until you have accepted. For every acceptance we record the date-stamped version accepted, the date and time of acceptance, and the method. These Terms govern every plant order, delivery, care plan, and design consultation we provide, together with the order confirmation or written scope we send you for that purchase. If your order confirmation conflicts with these Terms, the order confirmation controls for that order only. Please read these Terms before you buy — they include a strict no-refund policy, claim procedures, and limits on our liability.

The plain-language summary and the linked table of contents above these numbered sections are navigation aids only; the numbered sections below are what you accept and what controls, and section 25 records your acknowledgment.

Fenway & Bloom holds no inventory, greenhouse, or warehouse. Every plant we sell is grown and held by professional wholesale nursery partners and is procured specifically for your order after your payment clears. We select and inspect each plant at handoff from the nursery and deliver it in our own vehicle.

Fenway & Bloom sells live plants with local delivery, provides seasonal and recurring plant-care plans, and offers landscape and garden design consultations. We are not insurers of plant survival, we are not an emergency plant or landscaping service, and our design consultations are professional recommendations — not guarantees of any horticultural or aesthetic outcome, which depends on weather, soil, pests, and ongoing maintenance we do not control. Information on this site, including pricing examples and plant descriptions, is general guidance. Submitting a form is a request for information or a quote, not a binding contract; a binding agreement is formed only when you complete payment at checkout or we confirm scope and price with you directly in writing.

Payment is due in full at checkout or booking. Your order is accepted only when payment clears and we send a confirmation. We may decline or cancel any order before delivery for any lawful reason; if we cancel, we refund you in full — that is the only situation in which cancellation by us occurs without a completed sale. For care plans, charges recur as described in the Care Plans section. If any invoiced amount goes unpaid, we may suspend services until it is paid, and you agree to pay our reasonable costs of collecting invoiced, unpaid amounts, including reasonable attorney’s fees. If you have a concern about any charge, please contact us first at the address in the Contact section — most billing issues can be resolved in one email, and we will apply this agreement as written. Nothing in these Terms waives, limits, or conditions any billing-dispute right you have under federal law or under your agreement with your card issuer.

The total price you see before you pay includes every mandatory fee.

• Plant delivery is a flat $25 within approximately 25 miles of Boston and is shown in your total at checkout.
• We also deliver beyond that radius — across New England within about 90 minutes of Boston. For those deliveries, any additional delivery charge is quoted to you and agreed on the scheduling call before dispatch; it is never charged without your agreement, and if you choose not to proceed at the quoted charge, we cancel the order and refund you in full, notwithstanding the All Sales Final section.
• A failed-delivery redelivery fee of $25 applies only as described in the Delivery section.
• Taxes are calculated and shown at checkout.
• Optional add-ons (for example, a designed planter, waterproof liners, or saucers) are priced before you accept them and are never added without your selection. Statement-tier plants include a designed planter in the listed price.

Any fee not disclosed to you before purchase will not be charged.

ALL PLANT SALES ARE FINAL.

Live plants are perishable goods, sourced and prepared for your specific order, and cannot be restocked once prepared. Every plant is procured from our wholesale nursery partner specifically for your order; because we hold no inventory, a prepared order cannot be restocked or resold. We do not offer cash refunds or exchanges for change of mind, duplicate purchases, or preference at any point after checkout. We do not accept returns of healthy plants for change of mind or preference, and — because we operate no warehouse or return dock — we are unable to accept physical returns of any kind. Confirmed 48-Hour Arrival Guarantee claims are resolved without shipping the plant back; we may request additional photos or brief on-site verification instead.

Store-credit cancellation window: if you email us by 5:00 p.m. the day before your confirmed delivery day — or at any time before a delivery day has been confirmed with you — we will cancel the order and issue store credit for the full purchase price. This store credit is mandatory on our part, not discretionary. After that cutoff the order cannot be cancelled, and the sale is completed by delivery or, if delivery fails, only as described in the Delivery section (two documented failed attempts within windows you confirmed, plus written notice and the redelivery or store-credit election described there). This policy is stated here and presented for your acceptance at checkout before you pay. This policy does NOT override: (a) your rights for plants that arrive dead, diseased, damaged, or materially different from what you ordered (see Inspect on Arrival); (b) any right Massachusetts law gives you that cannot be waived; and (c) the three-business-day cancellation right for agreements signed at your home (below).

Design consultations: the consultation fee is due at booking, and this rescheduling policy is presented to you and accepted at booking. You may reschedule once at no charge with at least 48 hours’ notice. If you cancel with less than 48 hours’ notice or miss the appointment, we will offer you, in writing, one rebooking on our next available consultation day; if you decline that rebooking or miss the rebooked appointment, the fee is forfeited. We reserve your slot on a fixed route and decline other bookings to hold it, so the actual loss from a late cancellation is difficult to estimate and the forfeited fee is a reasonable pre-agreed estimate of that loss, not a penalty.

When these Terms provide for store credit, these mechanics apply. Store credit is issued by email within 5 business days of the event that gives rise to it and is redeemable against any Fenway & Bloom purchase — plants, delivery, care plans, or design consultations. Store credit is valid for 7 years from the date of issuance, is non-transferable, and is not redeemable for cash except where the law requires cash redemption. Because we hold no inventory, store credit represents purchasing power toward a future supplier-procured order, not a claim on any held or reserved goods.

Plant delivery is a flat $25 within approximately 25 miles of Boston. Beyond that radius we still deliver — across New England within about 90 minutes of Boston — and any additional delivery charge for such a delivery is disclosed to you and agreed on the scheduling call before dispatch, as described in Pricing and Fees; if you do not agree to it, we cancel and refund the order in full. Deliveries run on bundled routes on Wednesdays and Fridays. Because every order triggers a nursery procurement, your delivery day is set on the scheduling call after you order; any date shown before your written confirmation is an estimate. After you order, we contact you to schedule, and we confirm your delivery day and arrival window with you in writing (text or email) — no delivery attempt occurs outside a window you have confirmed. On the morning of delivery, we contact you with an arrival estimate. You are responsible for providing an accurate delivery address and for arranging access (parking, entry, elevator, building requirements). On-time delivery and the 48-Hour Arrival Guarantee’s coverage of transit damage apply only if the delivery address you entered at checkout is accurate; where a failed attempt is caused by incorrect information submitted at checkout, delivery fees already paid are non-refundable and the failed-attempt rules below apply.

Someone 18 or older must be present to accept delivery unless you authorize an unattended drop-off in a writing that names the drop location; if you do, risk of loss, theft, and weather damage passes to you when we leave the plants at that named location, and we retain a timestamped, location-tagged photo of the delivery as our record. Once we complete an authorized unattended drop-off at the named location, documented by that timestamped, location-tagged photo, heat, cold, weather, and theft exposure after that moment are at your risk and are outside the 48-Hour Arrival Guarantee — the photo timestamp is the handoff.

We document every delivery attempt the same way: a timestamped, location-tagged photo, the time of the attempt, and the outcome. A delivery attempt counts as failed — and the $25 redelivery fee applies to the next attempt — only if the attempt was made within a window you confirmed in writing, after we contacted you with the day-of arrival estimate, and failed because of an inaccurate address, no access, an unarranged building requirement, or no one present without unattended authorization. An attempt made outside a confirmed window never counts against you and never triggers a fee.

Because live plants cannot be held indefinitely and we have no warehouse in which to hold them, if two confirmed-window attempts fail for reasons within your control, we will send you written notice, and you may then choose either to (a) schedule one final redelivery within 5 days of the notice for the $25redelivery fee, or (b) receive store credit for the purchase price less our documented delivery costs and any documented decline in the plants’ condition. If you make no election within 5 days of the notice, the store credit under (b) issues automatically and the plants may be donated or disposed of; the order is then treated as complete. We will not load live plants for transit in temperatures that would harm them; affected deliveries move to the next safe route day.

If your building requires a certificate of insurance (COI), freight-elevator reservation, or other paperwork for deliveries or care visits, you must tell us at booking and provide the building’s requirements. We will furnish our standard COI with at least 3 business days’ notice; endorsements naming your building or manager as additional insured may need additional lead time. If a delivery or visit made within a window you confirmed in writing is turned away because you did not arrange required building access or notify us of COI requirements in time, it counts as a failed attempt under the Delivery section and the $25 redelivery fee applies. We may deliver to a lobby, mailroom, or other common area only with your written authorization naming that location, and risk passes to you on that handoff, documented by a timestamped photo.

Inspect your plants at delivery. If a plant arrives dead, diseased, damaged in transit, or materially different from what you ordered, email us within 48 hours of delivery with a brief description and two photos: one close-up of the issue and one of the full plant.

To make a claim:

1. Photograph the issue — one close-up of the problem and one of the full plant. If you can, also include a photo of the packaging or container as received; it helps us resolve claims faster, though it is never required.
2. Email us within 48 hours of delivery with a brief description, and include your order number so we can match your claim quickly.
3. Keep the plant in its delivered nursery container until we respond.

If we confirm the problem, we will replace the plant, issue store credit, or refund it — whichever the situation and Massachusetts law require. Among those remedies, the election is ours: our first solution is replacement, then store credit, and we issue a cash refund where the situation or Massachusetts law requires it. This express guarantee covers one replacement per plant per order — a replacement plant carries its own fresh 48-hour window, but no second replacement.

Repotting a plant out of its delivered nursery container, transplanting it, or relocating it outdoors within the 48-hour claim window voids this express Arrival Guarantee for that plant. This voids only the express remedy in this section — never any right Massachusetts law gives you that cannot be limited.

We photograph plants before dispatch for the same reason we ask for prompt photos: contemporaneous images are the only reliable evidence of a plant’s condition on arrival. This 48-hour window is a condition only of this express arrival-remedy process — it does not shorten any statute of limitations, does not cut off any right Massachusetts law gives you that cannot be limited, and does not affect any dispute right you hold under your agreement with your card issuer.

Plants are living, perishable goods. We warrant that every plant we deliver is healthy, inspected, pest-free, and viable when it leaves our care. Our care begins at nursery handoff: we inspect each plant when we collect it from our wholesale nursery partner and again before dispatch. After delivery, a plant’s survival depends on light, water, temperature, placement, and care that we do not control, and we do not promise that any plant will live or thrive for any particular period. Every plant ships with a care card; following it is your responsibility. Our care plans and consultations are available if you would like ongoing help.

Varieties and sizes are subject to wholesale-nursery crop availability. We may substitute a plant of equal or greater value that preserves the size, style, and look you ordered. For a material substitution — a different species or a noticeably different look — we notify you before delivery, and you may decline the substitution for a full refund, notwithstanding the All Sales Final section.

Photographs on this site are representative of a species and grade, not of the individual plant you will receive; size, shape, fullness, bloom stage, variegation, and seasonal condition vary from plant to plant. By completing the terms-acceptance step at checkout, you confirm your understanding and acceptance of this natural variation.

Replacement under care: while your care plan is active, a covered plant that declines despite our care is replaced by us at no charge, subject to the Care Plan Service Conditions. This replacement benefit applies ONLY to plants covered by an active care plan: it begins when your plan starts, applies only to the plants inventoried at onboarding, and ends — for all plants — the moment the plan lapses, is cancelled, or is suspended. It is a benefit of the plan, not a warranty on the plants themselves, and it does not survive the plan. Full-Season Care includes weekly visits through the season.

Some care plans renew and bill automatically. Before you enroll, we disclose in writing: the amount and frequency of each charge, everything the plan includes, how to cancel, and the specific calendar date by which you must cancel to avoid the next charge. For plans with billing periods longer than 31 days (seasonal or quarterly plans), we send you a renewal reminder between 5 and 30 days before your cancel-by date stating the amount to be charged, the services, how to cancel, and the deadline date. You may cancel the same way you signed up: plans purchased online can be cancelled by email — no phone call required; plans arranged by phone can be cancelled by phone or email. Cancel at least 48 hours before your renewal date to avoid the next charge. Cancellation takes effect at the end of the current billing period: you continue to receive every remaining scheduled visit in the period you paid for, and no further charges are made; because service continues through the end of the period, the current period is not refunded. If a renewal charge is processed after we receive your cancellation request — for any reason — we will refund that charge in full, promptly and without argument. If we suspend or terminate your plan, visits you paid for that we do not render are credited or refunded pro rata as described in Care Plan Service Conditions. Any early-termination fee on a committed seasonal term is disclosed before you purchase; a fee not disclosed before purchase is not charged.

Care plans cover only the plants inventoried and identified with you at onboarding. Our plant-health commitments under a plan are void for any plant that anyone other than Fenway & Bloom waters, feeds, treats, prunes, repots, or relocates without our approval — well-meaning extra watering is the most common cause of decline. Those commitments are likewise void for a covered plant placed in conditions we have advised against in writing — extreme heat, cold, or draft exposure — and for decline caused by mistreatment or neglect as determined by our plant-care staff; any such determination must be documented by visit logs and photos, which we share with you. We are not responsible for your own decorative containers, and we require a waterproof liner or saucer (offered at cost) under every plant we water indoors; if you decline, we document the refusal in writing and are not responsible for water damage that a liner would have prevented. If we cannot access your property at a scheduled, confirmed visit — locked out, no entry arranged, unrestrained pet — the first such missed visit in your plan term is rescheduled once at no charge. Each later missed-access visit in the same term either counts as completed or, at your choice, is rescheduled for a $25 trip fee. If access fails three or more times in a plan term, we may suspend the plan; on suspension, visits you paid for and did not receive are converted to store credit pro rata. Suspension never means we keep payment for visits we did not make.

The design consultation fee is $285 and is fully credited toward your first project with us — when you proceed with a project after your consultation, the $285 you paid is applied against that project’s price. The credit applies once, to your first project. Design consultations and plans are professional recommendations based on the information you provide and the site conditions we observe on the day of the visit. Results depend on weather, soil, pests, plant availability, and ongoing maintenance we do not control, and we do not guarantee any particular outcome from following a design. Design documents, sketches, plant lists, and plans remain our intellectual property; on full payment, you receive a personal, non-commercial license to use them for your own property. Fees, rescheduling, and no-shows are governed by the All Sales Final section.

If you sign an agreement or purchase services from us at your home or anywhere other than our place of business, and the price exceeds $25, Massachusetts law (M.G.L. c. 93, § 48) gives you the right to cancel until midnight of the third business day after signing. We provide the required written notice of cancellation and a duplicate cancellation form with any such agreement, we do not begin work during the three-day window, and if you cancel we refund all payments, including any deposit, within 10 business days. Nothing in these Terms — including the All Sales Final section — limits this right.

Live plants carry inherent risks that you accept when you buy them. Many common houseplants and landscape plants are toxic if ingested by children or pets, and some cause skin irritation from sap, spines, or thorns; placement of plants in your home and around children and animals is solely your responsibility, and care cards identify known toxicity where applicable. Planters and potted plants are heavy; moving them after delivery placement is at your risk. Plants placed outdoors, on balconies, or near heat and drafts at your direction are exposed at your risk. You accept these inherent characteristics of live goods; this section does not release us from liability the law does not allow us to disclaim.

Fenway & Bloom carries business liability insurance, and we provide certificates of insurance for buildings that require them (see Buildings and COIs). References on this site to being insured refer to this business coverage — it is not plant-survival coverage. If our crew damages your property through our negligence during a delivery or care visit, notify us in writing with photos as promptly as you reasonably can — prompt, contemporaneous reports are the fastest path through our voluntary repair process, and late reports are simply harder for both sides to verify. For concealed or progressive damage (for example, a slow leak or subfloor moisture under a planter), the reporting clock runs from when you discover, or reasonably should have discovered, the damage — not from the date of the visit. If we confirm the damage, we will repair it or pay the reasonable cost of repair, subject to the Limitation of Liability below. Reporting timelines in this section are conditions only of our voluntary repair process; they do not shorten any statute of limitations and do not waive or limit any legal claim you may have. We are NOT responsible for: damage inherent to keeping live plants, including water rings, condensation, soil spillage, and moisture wicking or leakage from clay, ceramic, or wicker containers over time; damage from overwatering or from care performed by you or anyone other than us; water damage where you declined the waterproof liner or saucer we offered and documented; damage pre-existing our visit; or damage to fragile items you did not move or disclose after we asked you to clear the delivery path.

We work to keep the information on this website accurate and current, but we do not promise that the site will be error-free, uninterrupted, or complete, and site content is general guidance rather than a binding offer. The website and its content are provided AS IS AND AS AVAILABLE; that phrase applies to this website alone, not to the plants or services we sell. This paragraph applies only to the website itself — it does not limit any warranty or remedy relating to the plants and services you purchase from us.

To the maximum extent permitted by law: (a) for property damage caused by our negligence during a delivery or care visit, our liability is limited to the reasonable cost of repair or replacement of the damaged property — this clause (a) liability is expressly NOT subject to the aggregate cap in clause (c) and is the risk our business liability insurance exists to cover; (b) for all other claims arising from an order or service, our liability is limited to the greater of the amounts you paid us for the order or service giving rise to the claim or, for care plans, three months of plan fees; (c) except for clause (a) claims, our aggregate liability to you is limited to the total amounts you paid us in the 12 months before the event giving rise to the claim; and (d) we are not liable for indirect, incidental, or consequential damages. THIS SECTION DOES NOT LIMIT liability for personal injury, for gross negligence, recklessness, fraud, or willful misconduct, for willful or knowing violations of M.G.L. c. 93A, or for any liability that Massachusetts law — including G.L. c. 106, § 2-316A — does not permit us to limit. Some of these limitations may not apply to you.

You agree to provide accurate information — delivery address, access instructions, building requirements, site conditions, and the presence of pets — and to use this site lawfully, without fraudulent requests or attempts to disrupt it. You agree to indemnify (reimburse) Fenway & Bloom for third-party claims, losses, and reasonable costs, including reasonable attorney’s fees, but only to the extent finally adjudicated — or settled with your written consent — to have been caused by: inaccurate delivery or access information you provided; your failure to arrange required building access, COIs, or elevator reservations; hazardous or undisclosed conditions at your property, including unrestrained animals; containers, hardware, or mounting surfaces you supplied; or your breach of these Terms. This obligation is mutual: we likewise indemnify you for third-party claims, losses, and reasonable costs to the extent finally adjudicated — or settled with our written consent — to have been caused by our negligence or our breach of these Terms. Neither indemnity applies to the extent a claim results from the indemnified party’s own negligence or misconduct, and neither party owes the other a duty to fund a defense in advance of an adjudication.

We are not liable for delay or failure to perform caused by events beyond our reasonable control, including extreme weather (heat or cold that would harm plants in transit), storms, road closures, supplier or nursery failures, utility outages, illness, or government action. Wholesale-nursery crop failures or shortages, and plants that fail our inspection at handoff from the nursery, are likewise events beyond our reasonable control and reschedule the affected delivery. Affected deliveries and visits move to the next available route day, and we will notify you and reschedule promptly. A short delay to the next route day is not, by itself, grounds for a refund. However, if we cannot deliver your order within 30 days of your payment — or by any specific delivery date we stated — we will notify you, and you may choose either a revised delivery date or a prompt, full refund. And if an event beyond our control makes delivery impossible altogether, we will refund your order in full.

Claim windows for our voluntary remedy processes: arrival and delivery-damage claims within 48 hours of delivery; property-damage reports as described in the Property Damage section, including its discovery rule for concealed or progressive damage. These windows are conditions only of the express and goodwill remedies described in these Terms. Nothing in these Terms shortens any statute of limitations or the time you have to bring any legal claim — the limitation periods set by law apply, unchanged, to every legal claim you may have. Before filing any court action, we invite you to email us a written description of the dispute and give us 30 days to resolve it in good faith — this invitation does not limit, delay, or condition any of your rights under M.G.L. c. 93A, § 9, including your right to send a demand letter, and we commit to responding to any such letter within the statutory period. Either party may bring an individual claim in small claims court. All other disputes are subject to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts. These Terms and every purchase from us are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws rules.

We may photograph plants we deliver, gardens and exterior work we design or maintain, and use those images in our portfolio, website, and social media. We will never publish your name or street address without your separate written consent. We photograph the interior of your home only with your express opt-in consent, and delivery-verification photos are kept as records, not published. You may opt out of marketing use of images of your property at any time by emailing us, and we will remove them going forward.

We keep dated, archived versions of these Terms. Material changes take effect only after we post the updated Terms with a new date and you accept them at your next checkout, booking, or plan renewal — the version you accepted continues to govern orders placed under it. We may correct typos and make non-material clarifications by posting an updated date. We will not change the terms of an order after you place it.

If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Savings clause: nothing in these Terms excludes, limits, or conditions any warranty, remedy, or right that Massachusetts law — including G.L. c. 106, § 2-316A and M.G.L. c. 93A — does not permit us to exclude, limit, or condition, and you retain all non-waivable statutory rights; some limitations in these Terms may not apply to you. These Terms, together with your order confirmation and any written care-plan schedule, are the entire agreement between us for your purchase. No oral statement modifies these Terms: changes bind us only when confirmed in writing by Fenway & Bloom, and no delivery crew member or contractor is authorized to amend them verbally.

BY COMPLETING THE TERMS-ACCEPTANCE STEP AT CHECKOUT, BOOKING, OR SIGNUP, I ACKNOWLEDGE THAT I HAVE READ THESE TERMS, UNDERSTAND THEM — INCLUDING THE FINAL-SALE POLICY, CLAIM DEADLINES, AND LIMITATION OF LIABILITY — AND AGREE TO BE BOUND BY THE VERSION PRESENTED TO ME.

Fenway & Bloom is a Boston, Massachusetts business. Questions, claims, cancellations, and written notices under these Terms — including any demand under M.G.L. c. 93A, § 9 — may be sent by email to bostonventures23@gmail.com; if you prefer to send notice by mail, email us and we will provide a mailing address. Email to that address counts as written notice under these Terms as of the day it is received.