Terms and Conditions

 

1.         Introductory Provisions

1.1.     Wonderful! By deciding to purchase Bloom Organics customized skin serum treatment, you have made an important step that will provide you with a custom skincare formula for your specific needs. But before we can deliver our unique serum bottles (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 www.mybloomorganics.com are presenting to you, as our customer, these Terms and Conditions (or simply the “Terms”) that will govern our legal relationship.

1.2.     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.

1.3.     By ordering our products, you expressly confirm that you have read and understand these Terms and agree to be bound by them.

 

2.         SUBSCRIPTION, RENEWAL AND CANCELLATION

2.1.     Currently, our customers can only order our products through our e-shop at www.mybloomorganics.com.

2.2.     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, Spain and France.

2.3.     We offer our products exclusively based on a subscription which can be cancelled anytime. Therefore, by creating an account and ordering our products through our e-shop at www.mybloomorganics.com, you subscribe for delivery of the selected products to you at regular intervals for an indefinite period of time at the time and price specified in your order until you decide to cancel your subscription.

2.4.     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.

2.5.     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.

2.6.     Once the purchase agreement has been concluded, we undertake to deliver the selected products to you at regular intervals and you undertake to pay the price for the delivered products, all under the conditions set out in these Terms.

2.7.     The first shipment of our products you subscribed for will be made within 14 days from the date of your order (initial subscription period), unless we exceptionally decide not to accept your order. We expressly reserve the right not to accept your order in particular in the event of a manifest error regarding the price, description or picture of the products listed on our website at any stage of the order process.

2.8.     As long as your subscription is valid (i.e. has not been cancelled), we will ship you our products regularly every thirty (30) days and you will be charged accordingly for the products delivered. Please note that we cannot exclude the possibility that a particular shipment will be delivered to you a little sooner or a little later.

2.9.     After the initial subscription period, and again after any subsequent 30-day subscription period, your subscription will automatically renew on the first day following the end of each such period (a “Renewal Date”) and continue for an additional 30-day subscription 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 subscription.

2.10.  You can cancel your subscription any time via e-mail link or logging into your personal account (www.mybloomorganics.com/account) and selecting the respective option on the "Change/Cancel Membership" page on your "Account Settings" page. Cancellation of your subscription will be effective immediately for the following subscription period, provided that you cancel your subscription at least 7 days before the end of the current subscription period.

2.11.  Please note that we supply our products only in quantity usual for household consumption. In specific cases (especially in the event of discounts or clearance sales), we are entitled to determine a maximum quantity that we can supply.

2.12.  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.

2.13.  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 info@mybloomorganics.com. Refunds may be issued by us in our sole discretion. 

3.         BILLING AND PAYMENTS

3.1.     We will charge only the price of our products delivered to you in accordance with your order. There is no additional fee associated with your subscription and we will not charge you separately for the cost of shipping or handling.

3.2.     The price of our products will be payable at the beginning of each subsequent subscription period (i.e. prior to the shipping of the products in the respective subscription period).

3.3.     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 www.mybloomorganics.com.

3.4.     We accept the following debit and credit cards: Visa, MasterCard

3.5.     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 info@mybloomorganics.com 

3.6.     We are not responsible for any fees or charges that your bank or credit card issuer may apply.

3.7.     Please note that you may be charged local tax, if applicable.

3.8.     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.

3.9.     We use a third-party service provider for payment services (e.g. credit card transaction processing, merchant settlement, and related services). By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. Furthermore, you consent to provide and authorize Com Gate s.r.o. 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, credit card payment, and transaction information.

3.10.  We will send you an e-mail reminder prior to charging your payment provider each subscription period.

3.11.  Please note that your payments for delivered products are non-refundable. Therefore, if you cancel your subscription, we will not refund you any amounts paid for shipments made with respect to subscription periods preceding the cancellation.

3.12.  All prices of products and services are provided including VAT applicable at the time of placing the order.

3.13.  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.

3.14.  All prices of products, including discount prices, are valid until further notice or until stocks are sold out. 

3.15.  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.

 

4.         No Withdrawal without a reason, termination

4.1.     Based on the fact the each delivered product (skin serum) is manufactured according to your requirements and customized to your unique personal needs based on the results of your skin test, it is unfortunately not possible for you to withdraw from the agreement or return the purchased products to us without a reason.

4.2.     You agree that the 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.

 

5.         Complaints and warranty

5.1.     If the products show a defect upon delivery, you will be entitled to a replacement delivery. In the event that the replacement delivery 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.

5.2.     Please note that our products are intended for regular skin treatment as each customized serum is made for 30-day usage immediately following its delivery to you. Therefore, we shall be liable for defects in the products only if the defects manifest themselves within 30 days of the delivery of the products because the products are not intended for use after the expiration of this period.

5.3.     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).

5.4.     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 

5.5.     Complaints for defects in products can be send to our e-mail address info@mybloomorganics.com. Please send us the products under complaint to the following address: Distro Group s.r.o., Inovační 122, Hodkovice, 252 41 Zlatníky-Hodkovice, Czechia together with a completed complaint form that can be found here.

5.6.     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.

5.7.     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.

5.8.     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.

5.9.     In case of a justified complaint, we will bear the costs associated with the return of the products.

6.         Out-of-court dispute resolution

6.1.     In the event of any disputes arising from the purchase of our products, our customers may first contact us to resolve them directly.

6.2.     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/ 

6.3.     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/.

 

7.         Final provisions

7.1.     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.

7.2.     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. 

7.3.     Our agreement and these Terms are concluded in english language and shall be governed by the laws of the Czech Republic and the European Union.

7.4.     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. 

7.5.     The Terms are effective as of 27 April 2020 .