bloomon, Helmholtzstraat 61, 1098 LE Amsterdam, The Netherlands
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the products (Products) listed on our website www.bloomon.co.uk (our site) via one of our subscription services (Services). Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
All Agreements between the Customer and Bloomon and all services and/or products purchased by the Customer from Bloomon are subject to these Terms and Conditions. These Terms and Conditions are always available on Bloomon’s Website and an electronic copy will be provided to the Customer before or at the time of concluding an Agreement. Terms written with a capital letter have the meanings ascribed to them in these Terms and Conditions. No distinction is made between the singular and plural.
- “Subscription”: an Agreement between Bloomon and the Customer for the delivery by Bloomon over a prolonged period of time of one or more or several types of products, such as flowers, plants and accessories and any related services, as specified in more detail in the individual Agreement;
- “Cooling-off Period”: the time period referred to in Clause 9.1 of these Terms and Conditions;
- “Bloomon”: Bloomon UK Ltd, a private limited liability company based at Covent Garden, 71-75, Shelton Street, London, WC2H 9JQ, United Kingdom, listed in the trade register of the Chamber of Commerce under number 09730173;
- “Customer”: anyone who enters into an Agreement with Bloomon, be it a consumer or a professional or commercial party;
- “Agreement”: any proposal made by Bloomon and accepted by the Customer or carried out by Bloomon, any order placed by the Customer with Bloomon, or any other agreement that binds the Customer to Bloomon;
- “Personal Data”: any personal data as defined in Regulation 2016/679/EU (General Data Protection Regulation) and relating to the Customer, including payment details;
- “Terms and Conditions”: these General Terms and Conditions, as amended from time to time;
- “Website”: the website at www.Bloomon.co.uk or any other website on which Bloomon offers its services and/or products to the Customer online.
2. BLOOMON SUBSCRIPTION
- Doing business with Bloomon can only take place at a distance. An Agreement, whether a Subscription or otherwise, will come into existence between Bloomon and the Customer through the Website at the time when the Customer places an order or indicates that it accepts an offer or proposal made by Bloomon.
- To be eligible for a Subscription, the Customer must:
- reside in the United Kingdom;
- own a visa- master, or American express card or a Paypal account.
3. CUSTOMER’S OBLIGATIONS
- When entering into an Agreement, the Customer must provide accurate Personal Data to Bloomon and/or any party used by Bloomon to perform the Agreement. The Customer must check his/her Personal Data before confirming his/her acceptance of the Agreement.
- The Customer must handle the login details received from Bloomon to access (an account on) the Website with care. Login details are not transferable. The Customer must keep the login details strictly confidential and not disclose them to others and keep them in a secure place.
- The Customer must pay the Price set out in the Agreement at the times set out in the Agreement.
- Bloomon reserves the right to change the prices of products offered and still to be delivered under a Subscription during the term of the Subscription, for example with regard to extension of the variety in flowers and the services (such as the number of delivery days), and will give the Customer 14 days’ advance notice of any such change.
- If the change results in a price increase, the Customer may give notice to terminate the Agreement within 10 days without having to pay for any products that have not been delivered.
- Promotions and discounts are valid as long as stock lasts.
- Payment must be made using one of the payment methods offered by Bloomon on the Website.
- If Customer uses a direct debit, Customer authorizes Adyen B.V. to also collect future payments from the relevant account number on behalf of Bloomon by means of a SEPA authorization.
- Payment must be made within 14 days of the Agreement being concluded. Periodic payments must be made prior to each service period.
- In the event of late payment, for example because a direct debit is cancelled or the account specified holds insufficient funds, Bloomon will be entitled to charge statutory commercial interest. In the event that the Customer fails to pay the full outstanding amount after having a received a reminder, Bloomon shall be entitled to retain a collection agency and suspend Bloomon’s services for Customer.
- Invoices and payment reminders will be sent to the Customer electronically only, based on the Personal Data submitted by the Customer.
- The amount that Bloomon will collect is the amount for the products ordered by the Customer in the period covered by the direct debit. Similarly, in the case of periodic payments, the amount that Bloomon will collect is the amount for the products ordered by the Customer in the period covered by the direct debit, which means that the amount collected may differ from the previous period.
6. DISCOUNT CODES
- If the Customer is given a personal Bloomon discount code to share, this is to recruit new paying Customers from the Customer’s own circle (mouth-to-mouth, social media, and/or email).
- Bloomon discount codes must not be used for the Customer’s own commercial purposes and/or for purposes other than those for which the discount codes were given. The Customer is not permitted to share personal discount codes with third parties unknown to the Customer.
- The Customer is not permitted to use Bloomon’s name or logo or any combination of incorrect spellings in any statement or for its own commercial purposes.
- Fraud or attempted fraud or any other unauthorised activity will be logged and result in the Customer being denied the use of discount codes. Bloomon reserves the right to claim back any discount or credit granted with retroactive effect.
7. SUSPENSION, TERMINATION, OR AMENDMENT OF AGREEMENT BY CUSTOMER
- The Customer may temporarily suspend, amend, or terminate the Agreement at any time through the Website, by other Bloomon communication channels (such as WhatsApp, phone) or otherwise in writing by giving notice, subject to the agreed notice period, or change the Personal Data for a particular order prior to the next delivery.
- For deliveries scheduled, Bloomon uses four days in advance as the time by which Bloomon must have received and confirmed the change or notification referred to in Clause 7.1 from the Customer.
8. DELIVERY, DELIVERY TIME, AND PERFORMANCE
- Bloomon delivers across the UK.
- Delivery will be made at the address specified by the Customer when placing the order.
- Deliveries are possible only on the days specified by Bloomon. Delivery times are approximate times.
- The Customer must ensure that the products can be delivered in person at the delivery address specified by the Customer. If no delivery can be made, the Customer will be in default in terms of acceptance
- If the products cannot be delivered in person, the Agreement will be complied with when the products are delivered to neighbours or left on the Customer’s doorstep or with a third party specified by the Customer. The Customer consents to this.
- Should the products not have been paid for in accordance with the Agreement by the time they are delivered in person, Bloomon will retain title to the products until such time as the purchase price is paid in full.
- Bloomon may use third parties to perform the Agreement.
9. RIGHT OF WITHDRAWAL AND RETURNS
- When the Customer as a consumer buys products at a distance, the Customer will have a statutory right of withdrawal. This means that the Customer will have 14 days period (“Cooling-off Period”) in which he/she is entitled to cancel the Agreement for convenience. There are several important exceptions to this rule.
- By way of derogation from Clause 9.1, the law provides that the Customer will have no withdrawal right if:
- the sale involves goods that are liable to deteriorate or expire rapidly (such as flowers and plants); or
- the sale involves non-prefab goods that have clearly been made to the Customer’s specifications, based on the Customer’s individual choice or decision.
- Accordingly, the withdrawal right during the Cooling-off Period applies to Agreements only in so far as relating to one-off extras (such as vases) or vouchers, provided that the vouchers have not been used.
- If the withdrawal right applies, the Cooling-off Period for an Agreement starts on:
- the day when the Customer or a third party specified by the Customer, other than the delivery company, received the product ordered; or
- the day when the Customer or a third party specified by the Customer, other than the delivery company, received the last product, if the Customer placed an order for several products that are delivered separately; or
- the day when the Customer or a third party specified by the Customer, other than the delivery company, received the last shipment or last part, if the delivery of the product consisted of several shipments or parts.
- By way of derogation from the above, the Cooling-off Period for Subscriptions starts on the day when the Customer or a third party specified by the Customer, other than the delivery company, received the first product under the Subscription.
- The Customer may exercise his or her right of withdrawal by filling in the standard form available from the Website.
- During the Cooling-off Period, the Customer must handle the products received, including the packaging, with care. The Customer may unwrap products only if necessary to check whether he/she wants to keep the product. If the Customer uses his/her right to withdraw, the Customer must return the product and all accessories delivered along with the product in their original condition and packaging – if reasonably possible – to Bloomon in accordance with Bloomon’s instructions within 14 days of expiry of the Cooling-off Period.
- The product covered by the cancellation right can be returned to the following address: Bloomon Nederland B.V., Middenweg 53, 1432 DE Aalsmeer, The Netherlands.
- The right of withdrawal can be exercised at no cost, but the Customer will need to pay the full costs of returning the product, unless Bloomon has specifically offered to arrange for the product to be collected from the Customer.
- If the Customer has already paid for products covered by a Subscription or an Agreement that is being cancelled by the Customer during the Cooling-off Period, Bloomon will refund the Customer the amount paid within 30 days of receiving the items back.
- We will process the Customer’s Personal Data in order to prepare for, carry out, and handle an Agreement, and for other purposes, such as (direct) marketing. Bloomon operates an online privacy statement with information on how we process Personal Data and what rights the Customer has with regard to his/her Personal Data.
11. WARRANTY AND LIABILITY
- To the extent permitted by law, Bloomon accepts no liability for any indirect loss or damage, including loss of profit or income or missed opportunities, arising from any product delivered by Bloomon.
- Bloomon warrants that the products it delivers are fit for the purpose for which they are intended as shown in the information supplied by Bloomon, and meet all statutory requirements and other government regulations applicable to such use.
- The Customer will be liable for any reduction in value of a product occurring during the Cooling-off Period, if the Customer’s handling of the product went beyond what was necessary to determine the nature, features, and operation of the product.
- The Customer is liable for all use made of his or her login details.
- Bloomon has a statutory duty to remind the Customer that the Customer is entitled to be delivered a product that meets the Agreement.
12. AMENDMENTS TO THESE TERMS AND CONDITIONS
- Bloomon reserves the right to change these Terms and Conditions at any time. To the extent required by law, the Customer will be given advance notice of any such change.
- If a change as referred to in Clause 12.1 leads to a material change in the delivery of the services or products agreed by Bloomon, the Customer may give notice to terminate the Agreement before the change applies to the Customer.
- The Customer is advised to check the Website regularly to ensure that he/she is familiar with the latest version of these Terms and Conditions.
13. TERMINATION FOR CAUSE
- If the Customer fails to perform his/her obligations under an Agreement, for example his/her payment obligations, Bloomon may send the Customer notice of default allowing him/her a grace period specified by Bloomon in which to meet his/her obligations, and may terminate the Agreement without court order if the Customer subsequently continues to default on his/her obligations.
- In addition to terminating the Agreement, Bloomon reserves the right at any time to claim full compensation from the Customer for any loss or damage incurred, including debt collection costs.
14. OTHER PROVISIONS
- The Customer may rely on different and/or additional provisions only if and to the extent expressly accepted by Bloomon.
- No general terms and conditions apply other than these Terms and Conditions. To the extent necessary, Bloomon expressly rejects the applicability of the Customer’s general terms and conditions (of purchase).
- Nothing in these Terms and Conditions is intended to give rise to a transfer or licensing of Bloomon’s intellectual property rights to the Customer. Bloomon expressly reserves all rights in that regard.
- The Customer is not permitted to transfer an Agreement or any rights or obligations under an Agreement to a third party without Bloomon’s express prior permission.
- Bloomon may transfer all or any part of its rights and obligations under an Agreement to a third party. The Customer consents to this and, where necessary, such consent also qualifies as cooperation. Any such transfer will not affect the validity of an Agreement.
15. DISPUTES AND GOVERNING LAW
- All Agreements and ensuing obligations, and these Terms and Conditions, are governed by the laws of the United Kingdom.
- The District Court in London, United Kingdom, has exclusive jurisdiction to hear and deal with any disputes between Bloomon and the Customer arising from or otherwise connected with the Agreement, unless mandatory rules of law confer jurisdiction on a different court.