TERMS AND CONDITIONS

 INTRODUCTORY PROVISIONS

1. Wonderful! By deciding to become a member of Bloom Organics, you have made an important step in living a sustainable healthy lifestyle. But before we can deliver our natural and sustainably-made personal care products (or simply “our products”) to you, we need to make sure that you understand what you are going to receive from us and what we expect from you in return. That’s why we, Distro Group s.r.o., ID No.: 08689814, Address: Inovační 122, Hodkovice, 252 41 Zlatníky-Hodkovice, Czechia (or simply “we”) as the owner and operator of the e-shop located at http://www.bloomorganics.com/ are presenting to you, as our customer, these Terms and Conditions (or simply the “Terms”) that will govern our legal relationship.
2. Please note that we apply a uniform approach to all our customers and provide them with the same rights and benefits, whether they are consumers or not. Therefore, unless explicitly stated otherwise in these Terms, the rules set forth in these Terms apply to all our customers. According to the law, the consumer is any person who, outside the scope of his/her business activity or outside the scope of the independent pursuit of his/her profession, concludes a contract or otherwise negotiates with an entrepreneur.
3. By ordering our products or simply by using our website at bloomorganics.com you expressly confirm that you have read and understand these Terms and agree to be bound by them.

 

ORDERS, MEMBERSHIP, RENEWAL AND CANCELLATION

1. Currently, our customers can only order our products through our e-shop at http://www.bloomorganics.com/. 

1. Although we would like to offer our products to all customers worldwide regardless of their location, we currently ship our products only to addresses within Germany.
2. We offer our products for purchase with and without membership.
3. For members, we offer our products at our cost price based on being a member, which can be cancelled anytime. Therefore, by creating an account and ordering our products through our e-shop at http://www.bloomorganics.com/, your membership gives you access to purchase our products at our cost for personal use until you decide to cancel your membership. 
4. Your order of our products constitutes a draft purchase agreement and will specify the type, quantity of our products and place of delivery. We recommend that you check the order and the completed data and correct any errors before placing the order.
5. We will confirm the receipt of your order by e-mail as soon as possible. The purchase agreement will be concluded only upon our acceptance of your order which may also take the form of shipping the ordered products to you without any additional confirmation. Of course, we will inform you of the shipment of the products to you by sending you an e-mail.
6. From time to time, we may offer special promotional plans, presents, memberships or services, including offerings of third-party products (please note that we are not responsible for the products or services provided by such third parties). We reserve the right to modify, terminate or otherwise amend our promotional offerings at any time.
7. First Month Free Membership Offer: If so expressly indicated on our website http://www.bloomorganics.com/, your first month membership will be free. Please note that each customer may use this promotional offer only once. 
8.  After the initial membership period, and again after any subsequent 30-day membership period, your membership will automatically renew on the first day following the end of each such period (a “Renewal Date”) and continue for an additional 30-day membership period, at our then-current price for such subscription. You agree that our purchase agreement will be subject to this automatic renewal unless you decide to cancel your membership.

1. You can cancel your membership any time via e-mail link or logging into your personal account (http://www.bloomorganics.com/account) and selecting the respective option to "Change/Cancel Membership". Cancellation of your membership will be effective immediately for the following subscription period, provided that you cancel your membership at least 1 day before the end of the current membership period.
2. Please note that we supply our products only in quantity usual for personal consumption. In specific cases, we are entitled to determine a maximum quantity that we can supply.
3. The products will be sent to the address specified in your order by our contractual carriers. If you fail to take over the products at the time of delivery, we will be entitled to demand compensation of costs of return shipping from you and we will be entitled to withdraw from the agreement.
4. The risk of loss and title for products purchased by you passes on to you upon our handover of the products to the first carrier. If you would like to receive a refund for any reason, please contact us at hello@bloomorganics.com. Refunds may be issued by us in our sole discretion.

 

BILLING AND PAYMENTS

1. We will charge the price of our products delivered to you in accordance with your order. Additionally, we charge the cost of shipping and handling your order.
2. You can select the method of payment and delivery from the options we offer. The currently offered methods of payment and delivery can be found on http://www.bloomorganics.com/.
3. We accept the following debit and credit cards: Visa, MasterCard, American Express. 
4. Upon initial registration of your credit card in your account, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact us at hello@bloomorganics.com.
5. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
6. Please note that you may be charged local tax, if applicable. 
7. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
8. We use a third-party service provider for payment services (e.g. debit or credit card transaction processing, merchant settlement, and related services). Whenever you provide payment information to us, you confirm that you are the authorized user of the respective debit or credit card and authorize us to charge your payment provider. Furthermore, you consent to provide and authorize Stripe Inc., incorporated and existing under the laws of the Delaware, with its registered seat at 185 Berry Street, Suite 550, San Francisco CA 94107 and its third-party service providers to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with these Terms, including personal, financial, debit or credit card payment, and transaction information.
9. We will send you an e-mail reminder prior to charging your payment provider each subscription period.
10. All prices of products and services are provided including VAT applicable at the time of placing the order.
11.  By placing the order, you consent to receiving an electronic tax invoice. The invoice will be sent electronically in an e-mail about the dispatch of your order. 
12.  All prices of products are valid until further notice or until stocks are sold out.
13. Your cost of using means of communication when communicating with us is governed by the terms and conditions between you and the provider of the relevant means of communication.

 

NO WITHDRAWAL WITHOUT A REASON, TERMINATION 

1. By law, customers who are consumers are entitled to withdraw from an agreement concluded on the Internet without giving a reason within 14 days of the first delivery of the products. Because we value our customers, we give our customers the opportunity to withdraw from the agreement without giving a reason within 30 days of the first delivery of the products.
2. If you wish to withdraw from the agreement, send a notice of withdrawal by e-mail to hello@bloomorganics.com or in writing to the following address: Distro Group s.r.o., Inovační 122, Hodkovice, 252 41 Zlatníky-Hodkovice, Czechia, indicating the order number and, where applicable, the number of the bank account to which the amount will be credited for the returned products. 
3. In the event you withdraw from the agreement, we will refund you the purchase price paid for our products affected by the withdrawal. In the event of withdrawal within 14 days of the delivery of our products, you will also be entitled to reimbursement of the costs of delivery in an amount corresponding to the least expensive method of delivery available. In the event of a later withdrawal from the agreement, we will refund only the purchase price paid for our products affected by the withdrawal. The aforesaid funds shall be refunded without delay, no later than 14 days from the date of withdrawal. However, in accordance with the law, we may postpone the payment until you return the products purchased. For the refund, we shall use the same means of payment you used to pay the purchase price, unless we agree otherwise.
4. If you decide to withdraw from the agreement, you will be required to send the products affected by the withdrawal without delay, however no later than 14 days from the date of withdrawal, to the following address: Distro Group s.r.o., Inovační 122, Hodkovice, 252 41 Zlatníky-Hodkovice, Czechia.
5. Please note that by law you will be responsible for any decrease in value of the products as a consequence of handling the products in a manner other than is necessary to familiarize yourself with the nature, properties and functionality of the products. Please also note that you are not entitled to withdraw from the agreement in case of products manufactured according to your requirements or customized products (e.g. packaging with customized engravings) and products which you took out from their packaging and which cannot be returned to the packaging for hygienic reasons (e.g. opened cosmetic preparations and other products that come into direct contact with your skin).
6. Furthermore, please note that withdrawal from the agreement is not possible with respect to services (such as gift-wrapping service) – this option is available with respect to products only.
7. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion without any liability to you, in particular if you fail to make any payments when due or otherwise breach the agreement.

 COMPLAINTS AND WARRANTY

1. If the products show a defect upon delivery, we can agree on compensation in the form of a free new item. Alternatively, you may require the removal of the defect in the form of a replacement delivery or repair (if possible); if the defect concerns only a part of the product, you may require the removal of the defect in the form of a replacement delivery or repair only with respect to the defective component. In the event that the removal of a defect is impossible or commercially unreasonable for us, you will be entitled to a discount on the purchase price and, if the defect is substantial, you may also withdraw from the purchase agreement.  
2. We shall be liable for defects in the products if the defects manifest themselves within two years of the delivery of the products or before the expiry date stated on the packaging (warranty period). 
3. The products shall be considered defective in particular when they do not have the usual or presented properties, do not serve their purpose, do not comply with statutory requirements or have not been delivered in the agreed quantity. Please note that an increased sensitivity or allergic reaction to the delivered products cannot in itself be deemed a defect in the products. Likewise, shortcomings in gifts and other gratuitous performance we provide beyond the scope of your order do not constitute a defect. Pictures of products in our e-shop are illustrative only and do not constitute a binding depiction of the products’ properties (for example, the packaging may differ due to a change made by us).
4. We are not responsible for any defects that were caused after the transfer of the risk of damage to the products by external events and were not caused by us or persons with whom we fulfilled our obligation, i.e. cases of mechanical damage after delivery, the use or storage of the products in violation of its purpose or recommendation to use or due to failure to familiarize with the recommendation for use.
5. Complaints for defects in products can be sent to our e-mail address hello@bloomorganics.com. Please send us the products under complaint to the following address: Distro Group s.r.o., Inovační 122, Hodkovice, 252 41 Zlatníky-Hodkovice.
     
6. When filing a complaint, you are required to provide all information necessary for the identification of the claimed product in the course of a complaint, to describe the claimed defect in a true, fully and comprehensible manner and to provide contact details for the purpose of communicating the processing of the complaint.
7. We will inform you of the progress of the complaint, in particular of its receipt, acceptance or rejection, via e-mail or text messages. We may also contact you by phone.
8. We will make a decision on the complaint without delay. The processing of the complaint including the defect removal will not exceed ordinarily 30 days. Otherwise, you shall be entitled to withdraw from the purchase agreement. It is necessary for you to provide us with the assistance required to meet the above time limit.
9. In case of a justified complaint, we will bear the costs associated with the return of the products.

 

OUT-OF-COURT DISPUTE RESOLUTION

1.     In the event of any disputes arising from the purchase of our products, our customers may first contact us to resolve them directly. 
2.     In the event of any dispute between us and our customer who is a consumer, the customer may also contact the competent out-of-court dispute resolution body, which is the Czech Trade Inspection Authority (www.coi.cz). More information is available at https://www.coi.cz/informace-o-adr/.
3.     Alternatively, in the event of any dispute between us and our customer who is a consumer, the customer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

 

FINAL PROVISIONS

1.     Please note that we are required to issue a receipt to our customers. We are also obliged to register the sale online with the relevant tax authority, in the event of a technical failure no later than within 48 hours.
2.     The agreement concluded between you and us will be archived by us for the purpose of its successful fulfilment in electronic form for 5 years and will not be accessible to third parties. Information on the individual technical steps leading to the conclusion of the agreement can be seen from these Terms, where this process is clearly described.
3.     Our agreement and these Terms are concluded in [German] and shall be governed by the laws of the Czech Republic and the European Union.
4.     If any provision of these Terms is invalid or unenforceable, or becomes invalid or unenforceable, the affected provision shall be deemed replaced by a new provision, the purpose and effect of which is most close to the invalid or unenforceable provision. The invalidity or unenforceability of one provision shall not affect the validity and enforceability of the other provisions.

The Terms are effective as of 16 November 2021.