Terms of Service
Welcome to the HOLISTIKBLOOM.COM website located at URLs that resolve to the domain name HOLISTIKBLOOM.COM (the “website” or “site”). Your use of this Site is subject to certain terms and conditions of use (collectively “Terms”) set for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
This website is operated by Holistik Bloom, S.L. . Throughout the site, the terms “we”, “us” and “our” refer to Holistik Bloom. Holistik Bloom offers this website, including all information, tools and services available from this site to you, the user, conditioned upon 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 of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Any new features or tools which are added to the current store shall also be subject 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 of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS | USE OF OUR WEBSITE
You agree that:
- You may only use the Website to make legitimate inquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- If you do not give us all of the information that we need, we may not be able to complete your order.
- You will not attempt to interfere or will interfere in any way with the Site's network, or our networks, or related network security, or attempt to use the Site's service to gain unauthorized access to any other computer system.
- You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
- You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.
- By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
Products offered through the Website, are available for delivery to United States*, Canada *, Australia, United Kingdom, Ireland, Germany, Austria, Belgium, Czechia, Denmark, France, Norway, New Zealand, Netherlands, Poland, Portugal*, Spain, Sweden , Switzerland and United Emirates Arab.United States*:
We only ship to 49 contiguous US states addresses.
The contiguous United States refers to the 49 adjoining U.S. states on the continent of North America that are south of Canada and north of Mexico, plus the District of Columbia. The term excludes the states of Alaska and Hawaii, and all off-shore U.S. territories and possessions, such as Puerto Rico.
We do not ship to Alaska or Hawaii.
We do not ship to U.S. Territories or U.S. military installations.
We do not ship to these Canada's three territories: The Northwest Territories, the Yukon and Nunavut.
We do not ship to Madeira nor Azores.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including 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 by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
HOW PURCHASE CONTRACTS ARE FORMED
No contract ("Contract") in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation. If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the "Continue to Payment." button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the "Shipment Confirmation").
We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
Digital Products: in case you have ONLY ordered digital products, a “confirmation email” will be sent containing the link to the digital product itself. The product has been dispatched and it is available to download. No "Shipment Confirmation" will be sent.
For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.
REFUSAL OF ORDER
We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation.
PRICE AND PAYMENT
The applicable prices are those quoted on the website at the time the order is placed. The prices are displayed for each product and are not inclusive any tax. Customers are informed of the breakdown of the shipping costs when the order is placed. Holistik Bloom reserves the right to make any changes it considers necessary at any time; it may update, including on a daily basis, products and prices in accordance with new items that are included on the website.
Payment will be done at the end of the purchase process and it is mandatory for the order to be placed. In no case can the payment be done in arrears of the purchase. Payments may be made by credit card Visa®, Mastercard® or American Express®, as well as by 4B or 4B Maestro debit cards (whereby the amount will be charged immediately), or through PayPal. In all cases, the choice of payment method is made during the checkout process on the corresponding step. Customers must notify Holistik Bloom of any unauthorised charge or fraudulent use of their card used for purchases by email or telephone at the earliest opportunity so that Holistik Bloom may take the necessary actions. Payment service providers may also adopt anti-fraud measures that restrict certain types of operations or transactions. Holistik Bloom holds no responsibility for the application of this type of security policies.
The price of the products shall be the one quoted from time to time on our Website, except where there is an error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur.
If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable).
Once you have finished shopping on the Website, all the products you wish to purchase are added to your cart/shopping Bag. Your next step will be to go through the checkout process and make payment. To do this:
1. Click the "Cart/Shopping bag" button at the top of the page
Click the "Checkout" button.
Enter your details if you want to sign-in to your existing holistikbloom.com customer account, click the “Log in” button. You can also buy without registering.
Click the “Continue to shipping” button. Select your delivery method, and fill in or confirm your contact details and the delivery address..
Click “Continue to payment” button. Confirm the details and contents of your order, select the payment method, and fill in your payment and billing information.
Click the " Pay now" button. Payment for orders will be made as applicable. By clicking on the "Pay now" button, you are confirming that the credit card is yours. Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
BUYING GOODS AS GUEST
The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you.
By agreeing to use Express Checkout, you authorize purchases paid through the tool to be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between you and the card issuer in all cases. To use Express Checkout, you only have to click on the "Express Checkout" button that appears in the Shopping Bag. A screen will immediately appear with the shipping, billing and payment information for your purchase. To make purchases using different details please do not use the Express Checkout service. The provisions of this clause shall not apply if you buy goods as a guest.
RISK AND TITLE
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever event occurs later in time.
PHYSICAL PRODUCTS DELIVERY
Subject to the provisions mentioned in this document, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery estimated date settled in our Shipping Policy.
Deliveries will be shipped to the address specified by the customer following these guidelines:
5.1 Home delivery: Customer will pay shipping costs for purchases (if applicable) with delivery addresses in US*; Canada*, Australia, UK, Ireland, Germany, Austria, Belgium, Czechia, Denmark, France, Norway, Netherlands, New Zealand, Poland, Portugal*, Spain, Sweden, Switzerland and United Emirates Arab (Dubai). (see “Service Availability” as *not all the areas are included). The delivery address specified by the customer may be a home address, their workplace address or any other desired address. It is not necessary for the delivery and invoice addresses to be the same.
You agree to provide current, complete and accurate purchase and account information (name, email, phone number, complete address, post code…) for all purchases made at our store.
We are not responsible for undelivered packages due to an incomplete information address.
Holistik Bloom will not deal with the refund or resend if the account information is incorrect.
5.2 Issues with a delivery: The local distributor will deliver 1-3 times according to the actual situation. If it is still unclaimed during the delivery period, it will be returned to the local post office for storage in 3-7 days. Meanwhile, you may need to pick up the package by yourself. Please, contact us for more detailed information about how to proceed at firstname.lastname@example.org Customer Service. For further information, pls, read here our Shipping Policy.
In the case of unsuccessful delivery please, take this into account:
It may happen that the package has arrived at the nearest post office to the buyer and make it pending because insufficient address, package unclaimed, no such number, etc. (reasons listed below). If this is the case, please contact us at email@example.com (Customer Service) for further information.
Reasons of unsuccessful delivery will appear described in the Tracking Information Alert as:a) Incorrect/insufficient Address.
b) No Such Number.
c) Recipient unknown.
e) Do not pick up in time.
f) No safe delivery location.
g) Uncleared customs.
Please take into account there might be shipping delays for the following reasons: 1. Customization of products; 2. Specialized products; 3. Unforeseen circumstances; or 4. Delivery area.
Please ensure that products ordered can fit into your home, the areas for which it is intended or location for delivery. If the product(s) do not so fit, you will not admit any exchange in that case (see further our “Return Policy”). For the purpose of these Terms “delivery” or “delivered” shall be deemed to have occurred upon signing for receipt of the products at the agreed delivery address.
Holistik Bloom will not deal with the refund or resend if the tracking information shows the order is delivered.
If you do not receive the package, a non-delivery certification issued by the local post office is required.
Once the status of the package is considered as “undelivered order” please contact us at firstname.lastname@example.org (Customer Service) to study your case and give you a solution.
Holistik Bloom cannot offer refund if you don’t process the “undelivered order” or that the “package have been damaged by logistics companies”.
DIGITAL PRODUCTS DELIVERY
Once the order is accomplished, the product download link is sent to the email address provided by the customer.
You agree to provide current, complete and accurate purchase and account information (name, email address, phone number, complete address, post code…) for all purchases made at our store.
We are not responsible for undelivered packages due to an incomplete information address.
Holistik Bloom will not deal with the refund or resend if the account information is incorrect.
Please contact us at email@example.com (Customer Service) for further information about any delivery issue you may have.
RETURN POLICY: EXCHANGES, RETURNS AND RIGHT OF CANCELLATION
There are different procedures for exchanging or returning items, or cancelling an order. The details for each procedure are described below, along with costs, and terms and conditions.
- a) Exchange: exchanging an item for another in a different colour and/or size.
- b) Return: due to an item being damaged or defective, receiving the wrong item, or any reason other than those previously described.
- c) Cancellation: return based solely on the customer's decision.
Due to the nature of certain items please take the following into account. We do not accept exchanges, returns, or cancellations for these products:
- Pierced jewelry and personal care products such as cotton pads, facial treatment tools, toothbrushes and other cosmetics, for reasons of health and hygiene.
- Customized products
- DIGITAL PRODUCTS. Please check the exceptions in the specific information provided below in this Return Policy.
Your right to a refund only applies to product(s) that are returned in the same condition as you received them. So, any items to be returned must be in their original packaging, except items which are defective or damaged and must be returned within the deadline for withdrawal. (14 days)
You must also include all of the products' instructions, documents and wrappings. You should therefore take reasonable care of the product(s) while they are in your possession and, when possible, retain the original boxes for the return of the product(s).
If your card expires before we process your refund please contact our customer service team with your order number, zip code, and new card details. For security reasons, we cannot accept this information via email.
In the event of cancellation, you will only be liable for the diminished value of goods resulting from handling other than that which is necessary to establish the nature, characteristics, and functioning of the goods.
Exchanges are not permitted.
RETURNS DUE TO FAULTY OR DEFECTIVE PRODUCT:
- Conditions: You have 14 calendar days once you received the order.
Holistik Bloom will not deal with the refund or resend if deadline has expired.
- Procedure: Send us an email to our Customer Service firstname.lastname@example.org and request a return due to a faulty or defective product.
You will need to provide the order number of your purchase and report the damage by using pictures or videos showing the problem.
If your return is accepted, we will send you the instructions and options to solve it.
Note: Only in case Holistik Bloom considers absolutely necessary to get the product to confirm the damage, here is the procedure and conditions to return the item to Holistik Bloom.
- Cost: returns due to a faulty or defective items, are free of charge for the customer.
Holistik Bloom shall refund the customer the corresponding amount (including shipping costs from the original purchase and any reasonable costs incurred by you in returning the product).
For that purpose, we will need a proof of shipping costs of the return too.
Items sent back to us without first requesting a return will not be accepted.
The refund will be made via the same method used for payment. However, Holistik Bloom might hold the refund until items have been received, or until the customer sends to Holistik Bloom a proof of delivery, whichever occurs first.
Please remember it can take some time for your bank or credit card company to process and post the refund too.
RETURN DUE TO A CANCELLATION:
- Conditions: You have the right to cancel your order for any reason within 14 calendar days once you receive the package.
Holistik Bloom will not deal with the refund if deadline has expired.
Items sent back to us without first requesting a cancellation will not be accepted.
- Cost: The cost of shipping items back to Holistik Bloom due to a CANCELLATION is payable by the customer. Holistik Bloom shall refund the customer the corresponding amount (including shipping costs from the original purchase).
The refund will be made via the same method used for payment. However, Holistik Bloom might hold the refund until items have been received, or until the customer sends to Holistik Bloom a proof of delivery, whichever occurs first.
Please remember it can take some time for your bank or credit card company to process and post the refund too.
- Procedure: Send us an email to email@example.com to request the cancellation of your order. You’ll also need the order number of purchase.
If your return is accepted, we’ll send you the instructions on how and where to send your package.
DIGITAL PRODUCTS. RETURN POLICY:
Holistik Bloom doesn't accept returns, exchanges or cancellations.
Since DIGITAL PRODUCTS are non-tangible irrevocable goods we DO NOT issue refunds, exchanges or cancellations once the order is accomplished and the product download link is sent. As a customer, you are responsible for understanding this upon purchasing any item at our site.
DUE TO THE nature of DIGITAL PRODUCTS, ALL SALES ARE FINAL AND NONREFUNDABLE.
However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.
Therefore, we DO honor requests for the refund for the following reasons:
Non-delivery of the product: due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted within 14 days from the order placing date. Otherwise, the product will be considered received and downloaded.
Download and unzipping issues: it may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted within 14 days. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason.
Major defects: although all the products are thoroughly tested before release, unexpected errors may occur. You should contact us for such issues. We reserve the right to rectify the error or defect within 14 days. If any deficiency is approved and we fail to correct it within 14 days from the date of the initial complaint email or any other notification provided by the Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered;
Product not-as-described: such issues should be reported within 14 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website.
Complaints which are based merely on the customer’s false expectations or wishes are not honored.
Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange/cancellation requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the sales page of each product. We don’t guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.
GUARANTEE OF PURCHASED PRODUCTS
The contractual guarantee offered is that set forth in Royal Legislative Decree 1/2007 of November, 16th, approving the consolidated text of the General Consumer and User Protection Law. Holistik Bloom shall respond to any instances of non-conformity expressed within a period of three years following delivery, provided that the customer has duly notified Holistik Bloom of the said lack of conformity within two months of the buyer becoming aware of these circumstances.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material 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 primary, 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, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Products or services are 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 anytime without notice, at the sole discretion of us. 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 any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail 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 credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy in this page.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, POSTS, FEEDBACK AND OTHER SUBMISSIONS
As part of your use of the Site and services offered on the Site, you may upload, post, distribute or disseminate (collectively, "post") content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the "Posted Content") on the Site. You hereby grant HOLISTIK BLOOM a right (including any moral rights) and worldwide license to use the Posted Content on the Site and to promote and advertise the Site and HOLISTIK BLOOM in any way.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:
- post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it;
- post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;
- post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
- post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
- post any chain letter or pyramid scheme; or
- post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. HOLISTIK BLOOM does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk.
HOLISTIK BLOOM does not confirm that each user is who he or she claims to be. HOLISTIK BLOOM exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred HOLISTIK BLOOM is in no way liable for such misuse. Because HOLISTIK BLOOM is not involved in user-to-user dealings and does not control the behavior of participants on the Site in the event that you have a dispute with one or more users, you release HOLISTIK BLOOM from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. HOLISTIK BLOOM acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If HOLISTIK BLOOM becomes aware of any Posted Content that allegedly may not conform to these Terms, HOLISTIK BLOOM may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. HOLISTIK BLOOM has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. HOLISTIK BLOOM expects that you will use caution and common sense when using the Site and Services.
HOLISTIK BLOOM HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST HOLISTIK BLOOM FOR SUCH REMOVAL AND/OR DELETION. HOLISTIK BLOOM IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that HOLISTIK BLOOM has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through the Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, HOLISTIK BLOOM by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by HOLISTIK BLOOM.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, 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 international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, 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 any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
LIABILITY AND DISCLAIMERS
We publish information on the Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
We make no warranties of any kind regarding any non-HOLISTIK BLOOM sites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-HOLISTIK BLOOM sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
In no case shall HOLISTIK BLOOM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Nothing in these Terms shall exclude or limit in any way our liability: 1. For the death or personal injury caused by our negligence; 2. For fraud or fraudulent misrepresentation; or 3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
HOLISTIK BLOOM MAKES NO WARRANTIES, EXPRESS OR IMPLIED. HOLISTIK BLOOM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, EVEN IF HOLISTIK BLOOM HAS BEEN ADVISED OF SUCH PURPOSE. IN ADDITION, HOLISTIK BLOOM SHALL NOT BE RESPONSIBLE FOR ANY DEFECT CAUSED BY PRODUCT MISUSE. IN NO EVENT SHALL THE PARTIES BE LIABLE TO THE OTHER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
All product descriptions, information and materials posted on this Site are provided “as is” and without warranties express, implied, or otherwise howsoever arising. Products (including handicraft products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and color variation should be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as a part of the individual appearance of the product.
Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.
Our liability in connection with any product purchased through our Site is strictly limited to the purchase price of that product.
BINDING NATURE; ASSIGNMENT
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us should be given to us preferably via the avenues of contact provided on our "Contact Us” webpage. Subject to and as otherwise specified above, we may give notice to you at the email you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of that email, that such email was sent to the specified email address of the addressee.
No failure of HOLISTIK BLOOM to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause on Notices above.
REGISTRATION, PASSWORDS, AND SECURITY
To access some of our services you will have to complete an online registration form. You agree that all information which you submit ("Registration Information") is true and complete and that you will update your Registration Information to keep this information true and complete. Upon registering, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site, and services on the Site in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release HOLISTIK BLOOM from any and all liability concerning such transactions or activity. You agree to notify HOLISTIK BLOOM immediately of any actual or suspected loss, theft or unauthorized use of your account or password. HOLISTIK BLOOM has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. HOLISTIK BLOOM will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
You agree to indemnify, defend and hold harmless Holistik Bloom and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be invalid, unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is HOLISTIK BLOOM property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of HOLISTIK BLOOM. We grant you a personal, limited, non-exclusive, nontransferable license to access the Site and to use the information and services contained on the Site . We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site , including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site , and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
As between you and HOLISTIK BLOOM, (or any other company whose marks appear on the Site), HOLISTIK BLOOM (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The HOLISTIK BLOOM logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "HOLISTIK BLOOM Intellectual Property") are owned by HOLISTIK BLOOM and may be registered in the United States and internationally. You agree not to display or use the HOLISTIK BLOOM Intellectual Property in any manner without HOLISTIK BLOOM's prior permission. Nothing on the Site should be construed to grant any license or right to use any HOLISTIK BLOOM Intellectual Property without the prior written consent of HOLISTIK BLOOM.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by HOLISTIK BLOOM. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, Ireland, and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website to the extent necessary to make a copy of any order.
HOLISTIK BLOOM makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.
COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe a work on the Site constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:
- evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;
- a description of the copyrighted work or trademark that you claim has been infringed;
- description of where the alleged infringing material is located on the Site, including the permalink where the material is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf; and
- your physical or electronic signature.
HOLISTIK BLOOM's Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at firstname.lastname@example.org.
These General Terms and Conditions of Service are subject to Spanish Law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Service, the parties shall submit to the exclusive jurisdiction of the Courts and Tribunals corresponding to the user’s address.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our “Contact Us” webpage.
Last updated February 13, 2023