Terms of service

Terms of service

INTRODUCTION

Welcome to Bloomkept! The words “we,” “us” and “our” refer to Bloomkept, a brand of ORGANIC LOMPEX SC. Bloomkept operates this store and website (blumkep.shop), including all of its information, content, features, tools, products and services, to provide you with a curated shopping experience (the “Services”). Bloomkept is powered by Shopify, which enables us to provide you with the Services.

These terms and conditions, together with the policies they refer to (these “Terms of service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully, because they include important information about your rights and cover topics such as warranty disclaimers and limitations of liability.

By visiting, using or interacting with our Services, you agree to be bound by these Terms and by our Privacy policy. If you do not agree with them, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or country of residence, and that you consent to minors in your care using the Services on devices you own, purchase or manage.

To use the Services, including browsing the store or buying any of our products, we may ask you for certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all the information you give us is correct, current and complete, and that you have the right to provide it.

You are solely responsible for keeping your account credentials secure and for all activity carried out through your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately display our products in the store. Even so, please keep in mind that colors or the appearance of the product may look different on your screen depending on the device you use and its settings.

We do not guarantee that the appearance or quality of the products you buy will meet your expectations or be identical to how they are shown in the store.

All product descriptions are subject to change at any time and without notice, at our discretion. We reserve the right to stop selling any product at any time and to limit the quantities we offer to any person, region or jurisdiction, on a case-by-case basis.

SECTION 3 - PRODUCT USE

The Bloomkept mini flower press is a small metal craft tool for pressing and drying small flowers, petals and leaves. It contains small parts (screws, nuts and a keychain ring) that are a choking hazard: keep it away from children under 3 and use it under adult supervision with children. Tighten the screws evenly by hand with the included mini wrench and do not overtighten. Some plants can be toxic or cause skin irritation: only pick plants you can identify, wash your hands after handling them, and respect local rules about picking wild or protected flowers.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. Bloomkept reserves the right to accept or decline your order for any reason. Your order is not accepted until Bloomkept confirms its acceptance, and we must receive and process your payment before accepting it. Please review your order carefully before submitting it, because we may not be able to accommodate cancellations once it has been accepted. If we do not accept, modify or cancel an order, we will try to notify you using the email, billing address or phone number you provided when placing it, and we will give you a full refund.

Your purchases can only be returned or exchanged in accordance with our Returns and refunds policy.

You represent and warrant that you are buying for your personal or household use, and not for resale or export.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product is the one in effect at the time the order is placed, and it appears in the confirmation email. Prices are shown in your local currency and include shipping. If your country charges import duties or taxes, they are your responsibility.

Prices in our online store may differ from those in physical stores or third-party stores. From time to time we may offer promotions that affect pricing and that are governed by their own terms. If the terms of a promotion conflict with these Terms, the promotion's terms prevail.

You agree to provide current, complete and correct purchase, payment and account information for all your purchases, and to update it as soon as possible, including your email address and card details, so that we can complete your orders and contact you when needed.

You represent and warrant that (i) your card details are true, correct and complete, (ii) you are authorized to use that card for the purchase, (iii) your card company will pay the charges you incur, and (iv) you will pay the charges at the posted prices, including any applicable taxes.

SECTION 6 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by carriers, by customs processing or by events beyond our control. Shipping terms are set out in our Shipping policy.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, text, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are the property of Bloomkept, its affiliates or its licensors, and are protected by intellectual property laws.

These Terms allow you to use the Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit any material from the Services without our prior written permission. Except as expressly stated here, nothing in these Terms grants you a license or any other rights in any patent, trademark or copyright of Bloomkept, Shopify or third parties. We reserve all rights not expressly granted.

The Bloomkept name, logo, product names, designs and slogans are trademarks of Bloomkept or its affiliates or licensors, and you may not use them without our prior written permission. The Shopify name, logo and trademarks belong to Shopify. All other names, logos and trademarks that appear in the Services belong to their respective owners.

SECTION 8 - OPTIONAL TOOLS

We may give you access to third-party tools as part of the Services, which we neither monitor nor control.

You agree that we provide access to those tools “as is” and “as available,” without any warranties or conditions of any kind and without endorsing them. We have no liability whatsoever for your use of optional third-party tools.

Any use of the optional tools offered on the site is entirely at your own risk, and you should be familiar with and agree to the terms on which each provider offers them.

In the future we may offer new features through the Services, which will also form part of them and will be subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials and links to third-party websites. We are not responsible for reviewing or evaluating the content or accuracy of those materials or sites. If you decide to leave the Services to access them, you do so at your own risk.

We are not liable for any harm related to your access to third-party websites or to your purchase or use of products, services or content from those sites. Please review their policies carefully before making any purchase. Complaints or questions about third-party products and services should be directed to those third parties.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Bloomkept is powered by Shopify, which enables us to provide you with the Services. However, any sales and purchases you make in our store are made directly with Bloomkept. By using the Services, you agree that Shopify is not responsible for any aspect of the sales between you and Bloomkept, including any injury, damage or loss resulting from the products purchased. You expressly release Shopify and its affiliates from any claims, damages or liabilities arising from your purchases with Bloomkept.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy policy, and some of it may be subject to Shopify's Privacy policy. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted on Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them for you. The information you submit is transmitted to and shared with Shopify and with third parties that may be located in countries other than your own. See our Privacy policy to learn more.

SECTION 12 - FEEDBACK

If you send, upload, post or transmit ideas, suggestions, comments, reviews, proposals or other content to us (the “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display it in any medium and for any purpose, including commercial purposes.

You represent and warrant that: (i) you hold all rights to your Feedback; (ii) you have disclosed any compensation or incentive you received for submitting it; and (iii) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, to pay you for it or to respond to it.

We may, but are not obligated to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene or that infringes the rights of third parties or these Terms.

You agree that your Feedback will not infringe the rights of any third party or contain unlawful, abusive or obscene material, viruses or other malicious software. You may not use a false email address, impersonate another person or mislead us about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions in descriptions, prices, promotions, offers, shipping charges, delivery times or availability. We reserve the right to correct them, to change or update information or to cancel orders if any information is inaccurate, at any time and without prior notice (including after you have placed your order). If we cancel an order for this reason, we give you a full refund.

SECTION 14 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not use them, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, national or international laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, insult, harm, defame or intimidate our team or any other person; (e) to transmit false or misleading information; (f) to submit or use material that does not comply with these Terms; (g) to send unsolicited advertising or spam; (h) to impersonate another person or entity; or (i) for any other conduct that restricts others' use of the Services or that, in our judgment, may harm Bloomkept, Shopify or users.

In addition, you agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with the security features of the Services. We reserve the right to suspend or close your account at any time, without prior notice, if you breach these Terms.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, at any time and without prior notice, and you will remain liable for any amounts outstanding up to that date.

The following sections continue to apply after termination: Intellectual property, Feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnification, Severability, Waiver and entire agreement, Assignment, Governing law, Privacy policy and any other section that by its nature should survive.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information in the Services is provided for general information purposes only. We do not guarantee its accuracy, completeness or usefulness, and any decision you make based on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY Bloomkept, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Bloomkept, OR ITS PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS OR DATA AND REPLACEMENT COSTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM THE USE OF THE SERVICES OR OF THE PRODUCTS PURCHASED THROUGH THEM, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bloomkept, Shopify and their affiliates, partners, officers, employees, agents, contractors, licensors and suppliers from any loss, damage, liability or third-party claim, including reasonable attorneys' fees, arising from (1) your breach of these Terms or of the documents they incorporate, (2) your violation of any law or of the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms, without affecting the validity of the remaining provisions.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or rules we post on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications or proposals, whether oral or written, including prior versions of these Terms.

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

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations without our prior written consent; any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements under which we provide you with Services are governed by and construed in accordance with the laws of the jurisdiction in which Bloomkept is based. This does not limit the rights you have as a consumer under the law of the country where you live.

SECTION 23 - HEADINGS

The headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

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

We reserve the right to update, change or replace any part of these Terms by posting the changes on our website. It is your responsibility to check our website periodically. We will notify you of material changes as required by law, and they will take effect on the date stated in the notice. If you continue to use the Services after the changes are posted, you accept them.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of service should be sent to bloomkeept@outlook.com.