Terms & Conditions of Use

OVERVIEW

This website is operated by Bloomess. Throughout the site, we use the terms "we," "our," and "us" to refer to Bloomess. This website, including all information, tools, and services available on it, is provided to you by Bloomess as a user, subject to your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions," "Terms of Use"), including the terms, conditions, and policies referenced herein and/or linked to by hyperlink. These Terms of Use apply to all users of the site, including but not limited to visitors, vendors, customers, merchants, and/or content providers.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms of this agreement, you may not access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms.

Each new tool or feature added to this store is also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS OF USE

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence and that you have given us permission to allow any minors under your supervision to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or other code of a destructive nature.

Any breach or violation of any of the Terms will result in an immediate termination of your Services.

By opting into Apple Checkout SMS marketing and initiating a purchase or subscribing via our subscription tools, you consent to receive recurring SMS notifications (for your order, including abandoned cart reminders), SMS marketing offers, and transactional texts, including review requests, even if your mobile number is on a federal or state Do Not Call list. Message frequency varies. Consent is not a condition of purchase.

If you no longer wish to receive marketing texts and notifications, please STOP any mobile messages sent by us or use the unsubscribe link provided in our messages. You understand and agree that alternative opt-out methods, such as using other words or requests, will not be considered reasonable means of opting out. We do not charge for this service, but you are responsible for any messaging and data rates charged by your wireless provider.

If you have questions, please send a HELP message to the number from which you received messages. You may also contact us for more information.

We reserve the right to change any phone number or short code used to operate the Service at any time. You will be notified of such changes. You agree that messages sent to a phone number or short code we have changed, including STOP or HELP requests, may not be received, and we are not obligated to honor requests made through such messages.

To the extent permitted by applicable law, you agree that we shall not be liable for failure, delay, or misrouting of any information sent through the Service, any errors in such information, and/or any actions you may or may not take based on such information or Service.

Your privacy rights are important to us. You may read our Privacy Policy to learn how we collect and use your personal information.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (except credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

Headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, by nature, is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor control nor have any input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without endorsement. We shall not be responsible or liable for any damage or losses caused by the use of or reliance on any such tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms of use for any such tools.

We may also, in the future, offer new services and/or features through the site (including the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Use.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites or resources.

We do not warrant and will not be liable for any products, services, or content available from these third-party websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or resources.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

SECTION 9 - COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit certain specific content (for example, in connection with contests) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use such comments in any media.

We do not have any obligation (1) to keep comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content and accounts containing comments we consider, at our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violate intellectual property rights or these Terms of Use.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You agree that your comments will not contain any material that is unlawful, obscene, defamatory, threatening, or invasive of privacy, including viruses or other harmful code.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any comments.

You are solely responsible for the comments you make and their accuracy. We disclaim all liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

The transmission of your personal information on our store is governed by our Privacy Policy. Click here to review our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

From time to time, our site or the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping fees, delivery times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not obligated to update, modify, or clarify information on the Service or any related website, including pricing information, except as required by law.

No specific update or refresh date applied on the Service or any related website should be inferred to mean that all information on the Service or any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local, national, or international law; (d) to infringe on or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security features.

We reserve the right to terminate your use of the Service or any related website for violations of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, secure, timely, or error-free.

We do not guarantee that the results obtained from using the Service will be accurate or reliable.

You agree that we may suspend or terminate the Service for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of or inability to use the Service is at your sole risk.

The Service and all products and services provided through it are provided "AS IS" and "AS AVAILABLE," without warranties or conditions of any kind, either express or implied.

We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Bloomess or its affiliates, officers, directors, employees, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damages arising out of your use or inability to use the Service, including but not limited to direct, indirect, incidental, punitive, special, or consequential damages, loss of profits, revenue, data, or use, even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Bloomess, its parent company, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or related documents, or your violation of any law or rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be deemed severable from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to termination shall survive termination of this agreement for all purposes.

These Terms of Use remain in effect until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services or when you cease using our site.

We may also terminate these Terms immediately without notice if, in our sole discretion, you fail to comply with or breach any term or provision of these Terms. Upon termination, you will remain liable for all amounts due up to the date of termination, after which we may refuse you access to our services or any part thereof.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Use, together with any other legal notices published by us on this site, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of France.

SECTION 19 - CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes.

Your continued use of or access to our website or the Service after any changes to these Terms constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at contact@bloomess.com.