Terms of Service

TERMS OF SERVICE

INTRODUCTION

Welcome to the BloomingJelly.com! We are pleased that you have elected to visit this Website (referred to herein as the “Website” or the “Site”), operated by, or on behalf of  Blooming Jelly . The words "we", "our", "us" and "our company" refer to Blooming Jelly unless a different meaning is evident from the context.

Blooming Jelly provides this site as a service to its customers. The Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein. Please read these Terms of Service carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. This Website uses cookies. By using this Website and agreeing to these Terms of Service, you consent to BloomingJelly.com's use of cookies in accordance with the terms of BloomingJelly.com's Privacy Policy. We reserve the right, at any time and in our sole discretion, to change, modify or otherwise alter these Terms of Service. Such changes and/or modifications are effective immediately when posted on our websites. We may email periodic reminders of our Terms of Service, but you should check our website frequently to see any recent changes. Your continued use of our Services after the changes and/or modifications are posted will constitute your acceptance of the revised terms and conditions. If you do not agree to these Terms of Service, please do not use our Services. 

 

ELIGIBILITY

You must be at least 13 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

 

LICENSE TO USE WEBSITE

Unless otherwise stated, BloomingJelly.com and / or its licensors own the intellectual property rights in this Website and material on this Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages, user manuals, or other product information from this Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Service.

You must not use this Website for any of the following purposes:

  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws; Transmitting material that encourages conduct that constitutes a criminal offense, or otherwise breaches any applicable laws, regulations or code of practices;
  • Showing any material from this Website in public; or
  • Editingor otherwise modifying any material on this Website;
  • Interfering with any other person's use or enjoyment of this Website; or
  • Making, transmitting or storing electronic copies of materials protected by copyright for commercial purpose without permission of the owner.
  • You will be responsible for our losses and costs resulting from your breach of this provision.com may terminate your right to access and/or use this Website at any time and for any reason whatsoever.

 

ACCEPTABLE USE

You must not use this Website in any way that causes, or may cause, damage to this Website or impairment of the availability or accessibility of this Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without BloomingJelly.com's express written consent.

You must not use this Website to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without BloomingJelly.com's express written consent.

 

TITLE AND RISK OF LOSS

Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Our Company for shortage or damage occurring prior to such delivery to carrier must be made within thirty (30) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with Our Company until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, and attorneys fees, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Our Company . 

 

USER CONTENT

In these Terms of Service "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

By posting or publishing User Content, you grant BloomingJelly.com a worldwide, irrevocable, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, use, reproduce, adapt, publish translate, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

By posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or BloomingJelly.com or a third party (in each case under any applicable law).

You must not submit any user content to this Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

BloomingJelly.com is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. BloomingJelly.com may, however, at any time and without prior notice, screen, remove, edit, or block any User Content submitted to this Website, or stored on BloomingJelly.com's servers, or hosted or published upon this Website that in our sole judgment violates these Terms or is otherwise objectionable.

 

NO WARRENTIES

This Website, and all materials and User Content available through this Website, are provided "as is" and on an “as available” basis, without any representations, warranties or condition of any kind, either express or implied. BloomingJelly.com makes no representations or warranties of any kind in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, BloomingJelly.com does not warrant that this Website or any portion of this Website, or any materials or User Content offered through this Website, will be constantly available, uninterrupted, secure, of free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected or the information on this Website is complete, true, accurate or non-misleading.

 

DISCLAIMER

THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, AND ALL MATERIALS CONTAINED ON THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, INCLUDING ANY OF OUR OTHER SERVICES, ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS (INCLUDING PRICING, DESCRIPTION AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE, ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS OR THE SERVERS THAT MAKE SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS WILL BE UNINTERRUPTED. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM’S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

 

LIABILITY

BloomingJelly.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • To the extent that this Website is provided free-of-charge, for any direct loss
  • For any indirect, special or consequential loss

Our Company shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. Our Company shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within thirty (30) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed. If such timely claim is made by Buyer, and the claim is deemded valid by Our Company, Our Company may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at Our Company's option, crediting Buyer with the invoice price of the deficiency.

For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if BloomingJelly.com has been expressly advised of the potential loss. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

PROMOTIONS

From time to time, we may post a contest, sweepstakes, or other similar promotion ("Promotion") on our social media websites or the Site. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of the Terms of Service and Privacy Policy, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:

No purchase necessary to win;

Any applicable taxes are to be paid by Promotion winner;

Void where prohibited;

Eligibility limited to legal residents of the United Kingdom who are 18 years of age or older;

Employees of Blooming Jelly Brands, its parent, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win;

Our decisions and/or the decisions of judges with respect to any aspect of the Promotion are final;

Judges, if any, are qualified;

We are not responsible for lost, late, misdirected, incomplete, inaccurate, delayed, garbled, stolen or illegible entries or postage-due mail;

Entries in excess of the stated entry limitations will be void;

Mass entries or mechanical reproductions are void;

Prizes cannot be transferred, redeemed for cash or substituted, except by Blooming Jelly Brands who reserves the right to substitute a prize of comparable or greater value;

Prizes will not be awarded if we do not receive a sufficient number of eligible and qualified entries;

Entries must be original and become the property of Blooming Jelly Brands upon submission; and

We reserve the right to verify eligibility qualifications of any potential winner and such potential winner agrees to cooperate in such verification when asked.

Unless otherwise stated, Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook or any other Social Media Host (as defined above). You understand that you are providing your information to us and not to Facebook or any other Social Media Host. The information you provide will only be used for the purposes outlined in our Privacy Policy.

A person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any of our social media websites, except where legally prohibited, such person grants permission for us and our designees to use his/her name, address (city and state), photograph, voice and/or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

 

EXCEPTIONS

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this Website disclaimer will exclude or limit BloomingJelly.com's liability in respect of any:

  • Death or personal injury caused by com's negligence
  • Fraud or fraudulent misrepresentation on the part of com
  • Matter which it would be illegal or unlawful for comto exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.

 

THIRD PARTY AND SOCIAL MEDIA LINKED SITES

We include links to Websites operated by third parties on or through the Site and Services. Once you leave the Site and Services, your activities are governed by the Terms of Service and privacy policies of the third party Site. BloomingJelly.com is not responsible for the Terms of Service, privacy practices or the content of these Sites, and we encourage you to carefully read the Terms of Service and privacy policies of any Website you visit.

 

OTHER PARTIES

You accept that, as a limited liability entity, BloomingJelly.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against BloomingJelly.com's officers or employees in respect of any losses you suffer in connection with this Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect BloomingJelly.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BloomingJelly.com.

 

UNENFORCEABLE PROVISIONS

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

 

INDEMNITY

You hereby indemnify BloomingJelly.com and undertake to keep BloomingJelly.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BloomingJelly.com to a third party in settlement of a claim or dispute on the advice of BloomingJelly.com's legal advisers) incurred or suffered by BloomingJelly.com arising out of any breach by you of any provision of these Terms of Service, or arising out of any claim that you have breached any provision of these Terms of Service.

Breaches 

Without prejudice to BloomingJelly.com's other rights under these Terms of Service, if you breach these Terms of Service in any way, BloomingJelly.com may take such action as BloomingJelly.com deems appropriate to deal with the breach, including suspending your access to this Website, prohibiting you from accessing this Website, blocking computers using your IP address from accessing this Website, contacting your internet service provider to request that they block your access to this Website and/or bringing court proceedings against you.

 

ASSIGNMENT

BloomingJelly.com may transfer, sub-contract or otherwise deal with BloomingJelly.com's rights and/or obligations under these Terms of Service without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Service.

 

SEVERABILITY

If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

ENTIRE AGREEMENT

You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over BloomingJelly.com, either specific or general, in jurisdictions other than California. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and BloomingJelly.com regarding your access to the Site, and supersede all previous agreements in respect of your use of this Website.

 

LAW AND JURISDICTION

These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and BloomingJelly.com agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We make no representation that the Site or any Materials included in the Site are appropriate or available for use in your location.

 

COPYRIGHT INFRINGEMENT - NOTICE AND TAKE-DOWN POLICY

BloomingJelly.com values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, please provide our Designated Agent written notice with the following information :

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
  • A description of the copyrighted work or other work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our sites, networks or other repositories;
  • Your address, telephone number, and email address;
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • 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 authorized to act on the copyright owner's behalf.

Our Designated Agent for notice of claims of copyright infringement can be reached as follows:

If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

 

ACCEPTANCE OF ORDERS 

All orders are subject to written price verification by authorized Our Company personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order. 



SUBSTITUTION

Our company reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with the Our Company . 


PRICE

Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of Our Company . A price designated as firm for a specific period may be revoked by Our Company if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by Our Company. All prices and deliveries are F.O.B. shipping point. Our Company reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations. Attention Please:Customers will only be charged once for shipping costs (this includes returns); No-restocking to be charged to the consumers for the return of the product.



TRANSPORTATION

Unless otherwise provided, Our Company shall use its judgment in determining carrier and routing. In either case, Our Company shall not be liable for any delays or excessive transportation charges resulting from its selection.

 

PACKING

Unless otherwise provided, Our Company will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer. 



PAYMENT TERMS

The discount applies only to the invoiced value of the material (not to taxes or freight charges). Our Company reserves the right to require advance payment or satisfactory security for the goods if the financial condition of Buyer so warrants as determined by Our Company. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement, or fails to comply with any provisions hereof, Our Company may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid accounts. 



TAXES AND IMPORT/EXPORT LICENSES

Prices do not include taxes. Taxes are paid by Buyer upon invoice from Our Company unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless Our Company is forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by Buyer. 



RETURN OF PRODUCTS

Goods can be returned in 30 days. Size wrong items and quality problem items can be exchanged. 

The following items cannot be returned or exchanged: sleepwear, swimwear.

 

FORCE MAJEURE

Our Company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond Our Company's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Our Company may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which Our Company deems fair and reasonable. In no event shall Our Company be liable for special or consequential damages for any delay for any cause. 

REASONABLE ATTORNEY'S FEES

In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term herein contained, Buyer shall pay to Our Company, in addition to any damages proved by law, reasonable attorney's fees and costs of collection. 

REMEDIES AND LIMITATION OF LIABILITY

BloomingJelly.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • To the extent that this Website is provided free-of-charge, for any direct loss
  • For any indirect, special or consequential loss
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

The remedies contained in this paragraph constitute the sole recourse of Buyer against Our Company for breach of any of Our Company's obligations, whether of warranty or otherwise. As long as Our Company makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied. These limitations of liability apply even if BloomingJelly.com has been expressly advised of the potential loss. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

 

SELECTION

Buyer represents that the goods sold hereunder are fit for their actual or intended use and that Buyer placed no reliance on Our Company's skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless Our Company, its successors, assigns and subsidiaries from and against all costs (including attorney's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed Our Company for any alleged violation of any British law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered hereunder. 


CHOICE OF LAW

This agreement and matters connected with the performance thereof shall be construed in accordance with, and governed by, the law of United Kingdom. Further, it shall be construed to be between merchants.


EMAILS & SMS

When you register on our site, and has consented to receive marketing information , we can send you our updates and promotional emails and messages. If you don't want to receive them anymore, you can unsubscribe in any of our emails and messages at any time . For any detail, please see our privacy policy.

Please note: our company does not accept any requests for your orders that are 1 year or more from the date of purchase.

CHANGES TO OURTERMS OF SERVICE

Blooming Jelly may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website, following the posting of any changes, will signify your acceptance of those changes.

If we decide to change our Terms of Service, we will update the Terms of Service modification date below.

Last Modified: 15th August 2018.

CONTACT US

If you have any questions about our Terms of Service, please contact us at support@BloomingJelly.com.