Terms & Conditions
Welcome to Bloomish’s website and social media channels (“Website”). Bloomish refers to Simply Rose Petals Pty Ltd (ACN 131 229 939) t/a Bloomish of PO Box 1504, Swan Hill VIC 3585. By accessing or using the Website, you (“you” or “the Customer”) acknowledge that you have carefully read, understood and agree to be bound by these Terms and Conditions and any terms and conditions set out in the Frequently Asked Questions (FAQ) page and other landing pages of the Website (the “Terms”) which, together with Bloomish’s Privacy Policy, govern the relationship between you and Bloomish.
Your use of the website
1.1 Personal Use -You must use the Website in accordance with these Terms for your own personal and noncommercial use. You must be over 18 to register and use the Website. If you register, you must provide Bloomish with complete and accurate information and update such information regularly to ensure it remains complete and accurate. By registering, you expressly agree to receive emails, e-newsletters and SMS messages from Bloomish, relating to your account and/or subscription, special offers, promotions, product information and the like. You can request to stop receiving such communications at any time by notifying Bloomish or unsubscribing.
1.2 Responsibility/liability - You are responsible for all activity and communications, including the transmission, uploading and/or posting of information onto or through the Website by you or by another user through your login, and you will be responsible for the consequences of any such communications made on the Website.
1.3 Unauthorised Use – You are responsible for maintaining the confidentiality of your login details. If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify Bloomish immediately and take immediate steps to re-secure your account (including by changing your password). Bloomish will not be liable for any losses, damages, liabilities, expenses or costs (including legal fees) that you may incur due to the unauthorised use of your account.
1.4 Restrictions - You must not use the Website for any of the following purposes, which are expressly prohibited:
(a) distributing, communicating, transmitting, posting or uploading any material that infringes on any rights, including intellectual property, of any third party;
(b) distributing, communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, defamatory or abusive or offensive;
(c) engaging in any conduct that would violate any law or regulation in any applicable jurisdiction; or
(d) attempting to interfere in any way with the Website’s or Bloomish’s network security, or attempting to use the Website’s service to gain unauthorised access to any other computer system or network.
1.5 Additional Terms – Bloomish may impose additional terms and conditions specific to any products, orders or aspects of your use of the Website, including with respect to the ordering, shipping and returning of goods purchased through the Website (“Additional Terms”). These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail.
1.6 Account Limitation and Revocation – Bloomish may, at its discretion, and without prior notice, whether in breach of these Terms or not:
(a) temporarily or permanently restrict your access to all or part of the Website; or
(b) impose rules on your use of the Website; and
(c) revoke your account,
and Bloomish excludes all liability in relation to this clause 1.6. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms.
1.7 International use – Bloomish makes no warranty or representation that the content of the Website complies with the laws (including intellectual property laws) of any country outside of Australia. If you access this Website from outside of Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
Information on the website
2.1. Reliability – Bloomish will endeavor to ensure that all information, posts, content or material (“Information”) on the Website is accurate, complete and reliable, except for information submitted by users of the Website (i.e. reviews). However, Bloomish does not make any representations or guarantees as to the accuracy, completeness or reliability of any Information on the Website. You acknowledge and agree that such information may contain errors or inaccuracies and accept that you must make your own enquiries to verify the Information. Bloomish expressly excludes any liability that may arise in relation to the accuracy, completeness or reliability of any Information on the Website.
2.2 Suitability of Products – All Information on the Website is of a general nature and is not intended in any way to replace a professional’s dietary or medical advice. Bloomish does not make any representations or guarantees as to the suitability of any products on the Website for any individual’s dietary requirements, medical conditions and/or allergies. You acknowledge and agree that it is your sole responsibility to assess the suitability of all products obtained through Bloomish prior to consumption. Bloomish expressly excludes any liability that may arise in relation to the suitability of the products for any individual’s dietary requirements, medical conditions or allergies.
2.3 Marketing – You acknowledge that any promotional and marketing material on the Website (including images, photographs and descriptions of products) is not a representation or guarantee of what is in the monthly Bloomish Box (“Box”) and you accept that:
(a) products on the Website may differ in visual appearance and packaging to the products in the Box;
(b) products in the Box may be derivatives, samples or smaller versions of the products on the Website; and
(c) the combination of products on the Website may differ from the combination in the Box and such combination is at the sole discretion of Bloomish.
Products
3.1 Dietary Requirements - Bloomish does not represent or guarantee that the products are not contaminated with other ingredients and will be completely vegan, gluten free or dairy free, including in the gluten free or dairy free products, and excludes any liability in relation to this. Products may have been made in shared manufacturing facilities resulting in possible trace amounts of dairy, eggs, gluten, nuts and other ingredients not listed on the packaging of the products. It is your responsibility to check with the manufacturer of the products regarding their manufacturing processes for all potential allergen issues prior to consumption. Bloomish encourages all parents, guardians, and caregivers to inspect the label of all Bloomish products with care. Bloomish is consistently updating and expanding its range and cannot provide any guarantees as to whether any product, including the Bloomish Box, will meet a dietary requirement.
3.2 Product Availability - Due to product demands, products may not be available at all times. If a product is unavailable, we will contact you and inform you of that product’s future availability. Although our product may be delayed or momentarily unavailable, you agree that we may still charge your credit card and ship products when they become available.
Orders and Subscriptions
4.1 Invitation to Treat – Any products displayed on the Website do not constitute an offer to sell, but rather an invitation to treat.
4.2 Subscriptions – You may purchase a 1, 3, 6 or 12 month subscription plan (“Subscription”) for a Box containing a group of products as determined by Bloomish, in its absolute discretion.
4.3 Automatic Renewals – All Subscriptions automatically renew until cancelled through the Website. Unless a Subscription is cancelled at least 2 days prior to the next applicable billing date, the Subscription automatically renews for a further Subscription period and you will be charged the subscription price. This clause does not apply to gift subscription plans.
4.4 Cancellations - You must review your order carefully before placing it. Once an order for a Subscription is confirmed and the subscription price paid (including any gift subscriptions), Bloomish will not provide a refund of the subscription price unless Bloomish is unable to fulfil your order. In such case, Bloomish will provide a full refund of the whole or part of the subscription price, depending on whether you have previously received boxes during your subscription.
4.5 Replacement and Returns - Bloomish does not accept returns of Boxes or individual products. All Boxes and products (including Bloomish Shop products) are checked for quality prior to delivery and while Bloomish endeavors to ensure that the Box or products are delivered to you in good condition, it may become damaged during delivery. If you seek a replacement Box or product, you must provide a photo sufficiently showing the damage to the Box, for Bloomish’s assessment. Any requests for a replacement Box or product must be made within 7 days of delivery. If Bloomish assesses the damage and at its discretion agrees to replace the Box or product, you may at your own cost return the damaged Box or product to the address noted in these Terms. Bloomish will replace the Box or product as soon as practicable. You accept that Bloomish will not refund any opened or used products. In instances where you have not received all the products listed in your “what’s in the box” insert card (e.g. a missing or incorrect product) (“Missing Product”), Bloomish will in its discretion, and subject to your compliance with this clause 4.5 and these Terms, decide whether to include the Missing Product in your next Box. In the case the Missing Product is sold out or otherwise unavailable, Bloomish will endeavour to provide you with an alternative product which may or may not be similar or of equal value.
Price and Payment
5.1 Currency - The price of all orders will be charged in the currency selected. The currencies we have available are: Australian Dollar (AUD) including GST, British Pound (GBP), Canadian Dollar (CAD), Euro (EUR), Hong Kong Dollar (HKD), New Zealand Dollar (NZD), Singapore Dollar (SGD) and US Dollar (USD).
5.2 Variation in Price - Bloomish has the right to vary or update any price or payment information at any time without warning, including errors with pricing, details and descriptions which appear on the Website. If incorrect information has been specified for a Subscription purchased, Bloomish will notify you of this error and give you the option of reconfirming or cancelling your order.
5.3 Payment Authorisation – You expressly authorise Bloomish to process the payment for the order via your selected payment method at the time of your order.
5.4 Invoice - Your invoices are made available to you online and are downloadable through your Bloomish account.
Shipping and Delivery
6.1 Delivery Times – Bloomish will endeavor to dispatch the Boxes within 7 days of the first order received and then subsequent boxes will be sent in the middle of each month. However, Bloomish does not represent or guarantee that the delivery times will be met and expressly excludes any liability in relation to delivery.
6.2 Tracking – All orders (including international orders) will be trackable as soon as they are dispatched from the Bloomish Fulfilment Centre. Once dispatched, Bloomish is not responsible for any postal service’s delivery, delivery schedule, or any Boxes or products that are delayed, lost, and/or damaged in transit. Any issues should be directed to the postal service, quoting your unique tracking number.
6.3 Risk – Risk of loss or damage to your Box or products will pass to you once your order has been dispatched from the Bloomish Fulfilment Centre.
6.4 Incorrect Input of Information - It is your responsibility to ensure that all address details provided are correct. Bloomish will not be held responsible for deliveries that are delayed or lost due to an incorrect address provided. A re-shipment fee will apply and will start from $14.95 AUD, calculated depending on your location. Any changes to the shipping address must be made by the 1st of the month, otherwise that month’s Box will be shipped to the previous address. Bloomish expressly excludes any liability in relation to an incorrect shipping address including any redelivery, redirection or loss or delay.
6.5 Refusal of Delivery - Should you refuse to provide the required Customs documentation prior to delivery or refuse delivery (including in relation to Customs duties, taxes or fees) and the parcel is returned to Bloomish, all costs associated with the return will be borne by you. A re-shipment fee will apply and will start from $14.95 AUD, calculated depending on your location.
6.6 Additional Information - Occasionally our system will flag an order as high risk. To reduce the risk of online credit card fraud, Bloomish may request additional information and identification from you to assist in confirming the legitimacy of your order.
International Orders
7.1 Currency - All pricing of Boxes and products are shown in the selected currency based on your location, unless you have selected an alternative currency. Orders and refunds will be charged in the currency selected. If you have selected a currency that is not your financial service provider’s currency, you will be subject to the exchange rate applied by your payment provider which may vary from the rate displayed on the Website’s currency converter. Additionally, your financial service provider may charge currency conversion and administration fees on any transactions with Bloomish, which Bloomish is not responsible for and will not reimburse any such fees.
7.2 Delivery - All title in and risk to such products will pass to you upon delivery from the international third-party carrier/courier of Bloomish.
7.3 Shipping -
a) International shipping charges will be clearly displayed at the Checkout.
b) Some products (e.g. cannons) are flammable and will not be accepted by airlines for shipment outside Australia.
c) International orders may be subject to charges, taxes (including import taxes), duties, custom charges or fees, and these are your responsibility. These amounts must be paid by you directly to the Customs Service or its authorised service provider. Bloomish will not be liable for any taxes, duties, custom charges or fees. For further information, please check your local customs website.
d) When placing an order for delivery outside of Australia, you are considered the importer of record and must comply with all applicable laws and regulations.
e) Some items may require special handling as specified by federal, state and local regulations governing the transport of these items; therefore, the shipment to certain locations may not be possible.
f) New Zealand - Orders shipped to NZ will take from 3 - 7 business days to be delivered. These are estimates and while unlikely, orders may arrive outside the shipping estimates.
g) United States - Orders shipped to the US will take from 7-14 business days to be delivered. These are estimates and while unlikely, orders may arrive outside the shipping estimates.
7.4 Returns and Refunds – Bloomish does not accept returns for Internationally shipped items.
Promotions and Loyalty Program
8.1 Promotional - From time to time Bloomish may advertise promotional codes or run a promotion for new or existing subscribers. To be entitled to the promotional offer, you must enter the promotional code at the checkout prior to your confirmation of payment. If you forget to enter the promotional code or fail to enter it correctly, you will not be entitled to the promotional offer.
8.2 Limited Availability - All discounts and promotions are subject to availability and while stocks last. Any Subscription purchases made outside of the specified timeframe determined by Bloomish will be deemed ineligible. In the instance where a time frame is not specified, the promotion will end when the relevant promotion is no longer advertised on the Website or the products becomes out of stock.
8.3 Once Off Use - Any advertised discount code may only be used once per customer, per order, on their first Subscription purchase and will not be applied to any renewals. Discount codes may not be used in conjunction with any other offers or promotions, they must be used at the time of purchase and cannot be applied after a purchase has been made.
8.4 Cancellation of Discount Code - Bloomish reserves the right to withdraw or cancel any discount code at any time for any reason without notice.
8.5 Direct Website Purchases - Discount codes may only be redeemed through the Website and not through any other website or method of communication.
8.6 Bloomish Boutique Discount Codes - Discount codes from the Bloomish Boutique are not valid if used incorrectly, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete your account if we become aware of inappropriate use.
8.7 Bloomish Boutique - Anyone with a Bloomish account is automatically enrolled. Please visit our FAQ to find out how to maximise your Bloomish experience.
Reviews
9.1 Public Reviews - Throughout the Website, users may be invited to review or comment on a Box or specific products (“Review”). By submitting a Review on our Website, you expressly consent to the following:
a) Bloomish publishing your first name, last name and State or Town in relation to any Review, in accordance with these Terms and our Privacy Policy;
b) Bloomish posting the Review on our Website;
c) Bloomish sharing the Review with a brand or with any other third party of Bloomish’s choosing; and
d) your Review being used by a third-party brand for their own purposes, after obtaining written consent from Bloomish and disclosing the Review was sourced from Bloomish.
You acknowledge, accept and agree that Bloomish cannot control Website users from accessing, using, manipulating and editing the information provided in the Review and therefore cannot be liable or responsible for any third party’s use of the Review.
9.2 Limit of Reviews - You can submit Reviews only once for each product you receive, but please note: Reviews can’t be changed or removed once you complete them. Bloomish reserves the right to remove any false Reviews at its discretion.
9.3 Monitoring Reviews - To comply with Australian laws, we are required to monitor all publicly posted product Reviews on our Website and in accordance with Australian laws, remove any of these reviews if they appear fake, offensive, defamatory or irrelevant in connection with the products, the brand, Bloomish or Bloomish’s related entities in accordance with the Corporations Act 2001 (Cth). This also includes Reviews that imply a product has caused any medical conditions including allergies or reactions. Star ratings on Reviews cannot be altered by us, but we may need to edit reviews on occasion to omit words which appear defamatory or offensive.
Liability and Indemnity
10.1 Disclaimer – To the extent permitted by law, the products are provided as is and Bloomish disclaims all representations, warranties and conditions, either express, implied, statutory, by use of trade, course of dealing or otherwise, including any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Bloomish does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product advertised or offered by any third party through the Website or in respect to any website that can be reached from a link on the Website.
10.2 Indemnity by You – You release and indemnify Bloomish, its directors, employees, contractors and agents from and against all claims, liabilities, losses, damages, costs, expenses (including reasonable legal costs) which Bloomish, its directors, employees, contractors and agents, incur or are liable for in relation to your use of the Website, your wrongful conduct, or any default or breach by you, or failure to comply with, the Terms or Bloomish’s Privacy Policy whether arising directly or indirectly.
10.3 Indemnity Does Not Limit Other Remedies – Bloomish’s right to be indemnified under this clause 10 does not limit any other right or remedy available to it.
10.4 Limitation of Liability - Notwithstanding anything else contained in these Terms, Bloomish will not under any circumstances be responsible or liable for any claims, actions, losses, liabilities, damages, costs or expenses suffered or incurred by you, arising out of or in connection with, your use of the Website, any Box or any products whether directly, indirectly or consequentially or whether based in contract (including Bloomish’s negligence or strict liability), tort, under statute or any other legal or equitable theory. If Bloomish is found to have any liability to you, Bloomish’s total cumulative liability will be limited to the amount paid by you for your Subscription.
Intellectual Property
11.1 Materials – The Website contains materials that are owned by or licensed to Bloomish. These materials include, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on the Website. You may not create a link to the Website from another website or document without the prior written consent of Bloomish.
11.2 Third party trademarks – Nothing in the Terms give you the right to use any third-party trademarks. All third-party trademarks are used with permission and remain the intellectual property of the third-party.
11.3 Grant of Licence – If you make any content, materials or feedback available on the Website (“Content”) you automatically grant Bloomish a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive licence to:
a) use, copy, publicly display and distribute the Content or part thereof on the Website and to any third party (including the manufacturer of the products) without any obligation of compensation or attribution to you;
b) modify, create derivative works, and sublicense such Content;
c) incorporate the Content into other mediums including but not limited to social media posts, blog posts and E-Newsletter publications to promote Bloomish, the Website, the products and/or the manufacturers; and
you represent, warrant and covenant to Bloomish that you have the full right to grant to Bloomish the right to use such Content in the manner specified in this clause 11.3.
12.1 GST
Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act. Unless otherwise stated, any amount specified in the Terms or the Website as the consideration payable for any taxable supply, includes any GST payable in respect of that supply. Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with the Terms.
13.1 Termination of Your Service
If we determine that any of your actions may harm Bloomish, we may terminate or suspend your account, without notice and for any reason. Please be aware that if we terminate or suspend your account, you must cease using the Website and pay to us all outstanding amounts owing. All provisions of these Terms which by their nature should survive termination will survive termination, including, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Electronic Communications
14.1 Electronic Only - The communications between you and Bloomish must be sent by electronic means, whether you visit the Website or send Bloomish e-mails, or whether Bloomish posts notices on the Website or communicates with you via e-mail or SMS.
14.2 Consent - You consent to receiving communications from Bloomish in an electronic form (i.e. email, SMS or Website notices) and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Bloomish provides to you electronically (including communications across social networks and platforms) satisfy any legal requirement that such communications would satisfy if they were to be in writing. The foregoing does not affect your statutory rights.
14.3 Email Queries - If you have any questions or concerns about your order, your Subscription, the Box or the products, do not hesitate to contact us by email at hello@bloomish.co.
Disputes
15.1 Good Faith Resolution – You and Bloomish will attempt to resolve any dispute in good faith and reach an agreement between each other. If the parties are unable to resolve the dispute, then clause 15.2 will apply.
15.2 Forum of Dispute - You agree that any dispute arising from or relating to these Terms will be heard solely by a court of competent jurisdiction in the state of Victoria, Australia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable legal fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable legal fees, court costs, and disbursements.
General
16.1 Entire Agreement – These Terms and the Privacy Policy are deemed to be the entire agreement between you and Bloomish and supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of these Terms and any representation or guarantee previously given.
16.2 Variation – Bloomish reserves the right to revise these Terms at any time and for any reason without notice to you. It is your responsibility to review these Terms each time you use the Website. Bloomish further reserves the right to revise the products and services available on the Website and to change, suspend or discontinue any aspect of the Website.
16.3 Waiver - If Bloomish does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by Bloomish.
16.4 Assignment - You must not assign your rights and/or obligations under these Terms to any other party without Bloomish’s prior written consent. Bloomish may assign its rights and/or obligations under these Terms to any other party at its discretion.
16.5 Severability - If any part of these Terms are found to be void, unlawful or unenforceable then that part will be deemed to be severable and the severed part will not affect the validity and enforceability of any remaining provisions. If two or more provisions of these Terms are deemed to conflict with each other’s operation, Bloomish shall have the sole right to elect which provision remains in force.
16.6 Force Majeure - You agree that Bloomish is not responsible to you for anything that it may otherwise be responsible for, if it is as a result of events beyond Bloomish’s control, including acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemics, or any other event beyond Bloomish’s reasonable control.
16.7 Jurisdiction – These Terms shall be governed by the laws in force in the state of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.
